MoneyBoat claim

Davey30

macman said:

Davey30 said:

I'm concerned around bailiff action given the payment date is next week, can they not send bailiffs from a county court? I have asked again about the plan ands they say "you have to pay £1500 by the 26th November as per the court orders, failure to do so will result in further action".
If I send today/tomorrow will it be implemented before next week by the court?

Who is saying this? Your creditor? The court don't order you to pay anything, nor do they set a deadline. Why are you so concerned about bailiffs? They have no right of entry unless you allow it. 

Thanks Macman - so I assume the 26th is when the CCJ will become active if I'm not mistaken, at that point can they not then enforce further action such as bailiffs. The creditor stated the 26th and has again said unless a variance is received they expect full payment.

MattMattMattUK

macman said:

Who is saying this? Your creditor? The court don't order you to pay anything, nor do they set a deadline. 

They do not, but once a CCJ is obtained the creditor can then set a deadline before additional enforcement action commences, which has additional and often significant costs.

macman said:
Why are you so concerned about bailiffs? 

Because the costs escalate rapidly with bailiffs perhaps?

macman said:
They have no right of entry unless you allow it. 

That depends what kind of bailiffs they are, if you mean "debt collectors", then no, they do not, if they are High Court Bailiffs, then yes they do have a right of entry.

MattMattMattUK

@Davey30
Once they obtain a CCJ they have to give you a change of paying it before they can commence further enforcement action. The issue with further enforcement action is that is usually expensive, the benefit at the moment is that there is in most cases a large backlog if they wanted to escalate things through the courts, to upgrade it via the High Court to allow them to use HCEOs for example. 

I would suspect that they are just doing their best to apply pressure, but if you are willing to be reasonable they will not want to go further as it will be more hastle that it is worth, so I would speak to them, make sure you can stay calm, know what you can afford to pay and suggest you will pay them in instalments. In reality they will be far happier with fifteen payments of £100 a month than taking further action as it will cost them a lot more and if you do not have the money to pay £1,500 straight away will not result in them getting their money any quicker. The High Court is also unlikely to accept the case any/or any escalation of the case if you are paying regular instalments. 

macman

MattMattMattUK said:

macman said:

Who is saying this? Your creditor? The court don't order you to pay anything, nor do they set a deadline. 

They do not, but once a CCJ is obtained the creditor can then set a deadline before additional enforcement action commences, which has additional and often significant costs.

macman said:
Why are you so concerned about bailiffs? 

Because the costs escalate rapidly with bailiffs perhaps?

macman said:
They have no right of entry unless you allow it. 

That depends what kind of bailiffs they are, if you mean "debt collectors", then no, they do not, if they are High Court Bailiffs, then yes they do have a right of entry.

 

HCEO's do not have a right of entry into residential property, unless it is by 'peaceful admittance'. So, they can only enter by you inviting them in, or by you leaving the door open. They cannot force entry, not climb through an open window.
My point was that the OP seemed to be presenting the (understandable) demands of their creditor as if they were demands of the court.

MattMattMattUK

macman said:

HCEO's do not have a right of entry into residential property, unless it is by 'peaceful admittance'. So, they can only enter by you inviting them in, or by you leaving the door open. They cannot force entry, not climb through an open window.

That is a right of entry, technically anyone else on your property uninvited and without reasonable excuse is guilty of tresspass, private debt collectors for example. An HCEO can enter a property by opening a door provided that it is unlocked, you do not have to leave it open, they are not allowed to force entry, but that is different. They can however force entry on subsequent visits if the debtor is in non-compliance. 

Residential – Peaceful admittance

An Enforcement Agent cannot force an entry to a residential property* without first gaining peaceful admittance. Once inside, the Enforcement Agent can return and force entry later should it be required e.g the defendant has not adhered to the agreement terms from a previous visit.

macman said:

My point was that the OP seemed to be presenting the (understandable) demands of their creditor as if they were demands of the court.

Which is why I said it is unlikely that it would currently be allowed to escalate to the High Court and even less likely that the court would grant enforcement if they had already agreed, or offered a payment plan. Hence my suggestion to offer a payment plan and play a little hardball with that, as it would be in everyone's interest to go with the payment plan and would reflect badly on the creditor in court if they had refused a reasonable payment plan.

Boohoo

Davey30 said:

macman said:

Davey30 said:

I'm concerned around bailiff action given the payment date is next week, can they not send bailiffs from a county court? I have asked again about the plan ands they say "you have to pay £1500 by the 26th November as per the court orders, failure to do so will result in further action".
If I send today/tomorrow will it be implemented before next week by the court?

Who is saying this? Your creditor? The court don't order you to pay anything, nor do they set a deadline. Why are you so concerned about bailiffs? They have no right of entry unless you allow it. 

Thanks Macman - so I assume the 26th is when the CCJ will become active if I'm not mistaken, at that point can they not then enforce further action such as bailiffs. The creditor stated the 26th and has again said unless a variance is received they expect full payment.

Davey30 can you screenshot the email you got from the court(blank out personal details) so people can see what was in that email as it may help MSE forum users give you better advice(not that have not) on how you can proceed with this issue.

Davey30

Boohoo said:

Davey30 said:

macman said:

Davey30 said:

I'm concerned around bailiff action given the payment date is next week, can they not send bailiffs from a county court? I have asked again about the plan ands they say "you have to pay £1500 by the 26th November as per the court orders, failure to do so will result in further action".
If I send today/tomorrow will it be implemented before next week by the court?

Who is saying this? Your creditor? The court don't order you to pay anything, nor do they set a deadline. Why are you so concerned about bailiffs? They have no right of entry unless you allow it. 

Thanks Macman - so I assume the 26th is when the CCJ will become active if I'm not mistaken, at that point can they not then enforce further action such as bailiffs. The creditor stated the 26th and has again said unless a variance is received they expect full payment.

Davey30 can you screenshot the email you got from the court(blank out personal details) so people can see what was in that email as it may help MSE forum users give you better advice(not that have not) on how you can proceed with this issue.

I never got anything from the court as it went to my old property, if I didn't get the below email I would never of known.

Dear David,

Birmingham County Court has ordered you to repay £1,500.00 by the 26th November. I have added our bank details within this email in order for you to make the payment. 

Please see the below bank details for your direct payment.

Bank:  Barclays

Account Name: Deleted

Account Number:  Deleted

Sort Code:  Deleted

Reference: Deleted

Amount:  £1,500.00

Once funds are transferred please email us to ensure they're allocated correctly.

Thank you,

Sincerely,

-------------------
Based on the info from everyone and thanks to todays comments from @macman and @MattMattMattUK I have tried to speak to the claimant who simply states "In regards to any variation that will be required to be agreed with the county court. Until that is done we would expect the full payment for 1,500.00 by the 26th November. If this is not paid further escalation will occur. "
So if I leave until the 26th I will have a CCJ and then they can potentially enforce further action. I don't know if I should keep on at them to try and agree something, happy to send a variation agreement but that's further costs I could do without paying.

Boohoo

Davey30 said:

Boohoo said:

Davey30 said:

macman said:

Davey30 said:

I'm concerned around bailiff action given the payment date is next week, can they not send bailiffs from a county court? I have asked again about the plan ands they say "you have to pay £1500 by the 26th November as per the court orders, failure to do so will result in further action".
If I send today/tomorrow will it be implemented before next week by the court?

Who is saying this? Your creditor? The court don't order you to pay anything, nor do they set a deadline. Why are you so concerned about bailiffs? They have no right of entry unless you allow it. 

Thanks Macman - so I assume the 26th is when the CCJ will become active if I'm not mistaken, at that point can they not then enforce further action such as bailiffs. The creditor stated the 26th and has again said unless a variance is received they expect full payment.

Davey30 can you screenshot the email you got from the court(blank out personal details) so people can see what was in that email as it may help MSE forum users give you better advice(not that have not) on how you can proceed with this issue.

I never got anything from the court as it went to my old property, if I didn't get the below email I would never of known.

Dear David,

Birmingham County Court has ordered you to repay £1,500.00 by the 26th November. I have added our bank details within this email in order for you to make the payment. 

Please see the below bank details for your direct payment.

Bank:  Barclays

Account Name: Deleted

Account Number:  Deleted

Sort Code:  Deleted

Reference: Deleted

Amount:  £1,500.00

Once funds are transferred please email us to ensure they're allocated correctly.

Thank you,

Sincerely,

-------------------
Based on the info from everyone and thanks to todays comments from @macman and @MattMattMattUK I have tried to speak to the claimant who simply states "In regards to any variation that will be required to be agreed with the county court. Until that is done we would expect the full payment for 1,500.00 by the 26th November. If this is not paid further escalation will occur. "
So if I leave until the 26th I will have a CCJ and then they can potentially enforce further action. I don't know if I should keep on at them to try and agree something, happy to send a variation agreement but that's further costs I could do without paying.

Thank you for that copy.
Where the account name is that you put deleted is it the same name as the firm/person who has taken you to court?
Also have you checked that the sort code is correct as that email doesn't appear very business like to me.
As for you saying you would not know you lost the court case if you never got the email how did you 1st know that they had started CCJ proceedings?
If the 1st court papers went to the address you live at now then all the rest should follow.
If as you say the last one went to your old address then that would seem underhand and you may have chance for a "put aside"( if that is the correct term) but others on MSE will know more than me.
My other advice would be go the legalbeagles site as they are very good at these things but you are leaving late though.

MattMattMattUK

Davey30 said:

Based on the info from everyone and thanks to todays comments from @macman and @MattMattMattUK I have tried to speak to the claimant who simply states "In regards to any variation that will be required to be agreed with the county court. Until that is done we would expect the full payment for 1,500.00 by the 26th November. If this is not paid further escalation will occur. "
So if I leave until the 26th I will have a CCJ and then they can potentially enforce further action. I don't know if I should keep on at them to try and agree something, happy to send a variation agreement but that's further costs I could do without paying.

Speak to the court and get a copy of the judgement (I think someone else has already mentioned this), but something does not sit right with me in regards to this. As noted above by others, courts do not set deadlines to pay as such, they give judgements and then there are other choices to be made to settle those judgements, but that is a further stage. 

As far as I am aware if they have a CCJ you can agree a payment plan with them, the CCJ would then change from unsatisfied, to part-satisfied and then to satisfied once it has been paid in full.

On a separate not, I would investigate your options of gaining a set-aside on the basis that you were not sent the paperwork despite providing your correct address. That way the judgement can wiped out and you can also agree a payment. Out of interest, what was the original amount you owed and have you paid anything towards it, how much were the fees and could you afford the repayments at the time? I ask because MoneyBoat have been found guilty of irresponsible lending and so you may have a claim on that basis, which would mean that the original lending was unsound. 
https://www.moneysavingexpert.com/reclaim/free-payday-loans-refunds/

Who is chasing the debt, MoneyBoat directly, a "company solicitor", a solicitors firm, a debt collection firm, someone else?

Davey30

Boohoo said:

Davey30 said:

Boohoo said:

Davey30 said:

macman said:

Davey30 said:

I'm concerned around bailiff action given the payment date is next week, can they not send bailiffs from a county court? I have asked again about the plan ands they say "you have to pay £1500 by the 26th November as per the court orders, failure to do so will result in further action".
If I send today/tomorrow will it be implemented before next week by the court?

Who is saying this? Your creditor? The court don't order you to pay anything, nor do they set a deadline. Why are you so concerned about bailiffs? They have no right of entry unless you allow it. 

Thanks Macman - so I assume the 26th is when the CCJ will become active if I'm not mistaken, at that point can they not then enforce further action such as bailiffs. The creditor stated the 26th and has again said unless a variance is received they expect full payment.

Davey30 can you screenshot the email you got from the court(blank out personal details) so people can see what was in that email as it may help MSE forum users give you better advice(not that have not) on how you can proceed with this issue.

I never got anything from the court as it went to my old property, if I didn't get the below email I would never of known.

Dear David,

Birmingham County Court has ordered you to repay £1,500.00 by the 26th November. I have added our bank details within this email in order for you to make the payment. 

Please see the below bank details for your direct payment.

Bank:  Barclays

Account Name: Deleted

Account Number:  Deleted

Sort Code:  Deleted

Reference: Deleted

Amount:  £1,500.00

Once funds are transferred please email us to ensure they're allocated correctly.

Thank you,

Sincerely,

-------------------
Based on the info from everyone and thanks to todays comments from @macman and @MattMattMattUK I have tried to speak to the claimant who simply states "In regards to any variation that will be required to be agreed with the county court. Until that is done we would expect the full payment for 1,500.00 by the 26th November. If this is not paid further escalation will occur. "
So if I leave until the 26th I will have a CCJ and then they can potentially enforce further action. I don't know if I should keep on at them to try and agree something, happy to send a variation agreement but that's further costs I could do without paying.

Thank you for that copy.
Where the account name is that you put deleted is it the same name as the firm/person who has taken you to court?
Also have you checked that the sort code is correct as that email doesn't appear very business like to me.
As for you saying you would not know you lost the court case if you never got the email how did you 1st know that they had started CCJ proceedings?
If the 1st court papers went to the address you live at now then all the rest should follow.
If as you say the last one went to your old address then that would seem underhand and you may have chance for a "put aside"( if that is the correct term) but others on MSE will know more than me.
My other advice would be go the legalbeagles site as they are very good at these things but you are leaving late though.

Having checked emails from this gentleman at the claimant it appears genuine, he has been extremely obstructive during the whole process whereas his colleagues have been better.

so the initial court forms came to my current address, I chose to respond via money claim online, government gateway site and this is where I told them that my address was not correct. When I called the court this week they confirmed they then used the old address from government gateway. Given I accepted part of the claim on the initial return would they set aside?