Lowell

Flyinghigh

Evening all, I have a ccj for £4500 from August last year today i had a visit from a court bailiff with a warrant for £285 for the same debt its confused me why would they get a warrant for £200 rather than the full amount? Something does not seem rite about it all.

sourcrates

Well that`s three amounts of money you've thrown at us, which one is it ?

Why is your thread entitled "Lowell" ?

Bit more detail would be helpful.

Flyinghigh

sourcrates said:

Well that`s three amounts of money you've thrown at us, which one is it ?

Why is your thread entitled "Lowell" ?

Bit more detail would be helpful.

Thank you for your reply, Lowell are handling the matter. The total i owe is £4500 but for some reason they have sent a bailiff with a warrant for £285 they are saying its because they want to do it bit by bit but something does not seem rite to me.

EssexHebridean

If you have a CCJ then there will be an instruction from the court about how much you have to pay - are you keeping up with this? 

sourcrates

Are you certain the person was a bailiff and not a debt collector ?

Did you read the warrant ?

Quite unusual for Lowell, or any other DPC to enforce judgements with further action, normally they just let them sit there, paid or not.

Are you currently paying the judgement amount on a monthly basis ? 

The fact they have gone straight to bailiff action suggests you haven`t, is that the case ?

Flyinghigh

Thank you for your reply's, No i am not currently paying anything off the debt, The letter says its from the local court but I'm very dubious about the whole thing. So if i pay the £285 thats all i have to pay? Something with the whole thing does not ring true.

EssexHebridean

OK - so you had a CCJ but you're ignoring the instructions of the court as to what you are supposed to be paying...? That's not a smart move. 

Flyinghigh

I personally believe the debt to be statuary barred and i have asked lowell yesterday for proof of the debt, I do not understand why they are only chasing £285 for a debt they say is £4500.

sourcrates

Flyinghigh said:

I personally believe the debt to be statuary barred and i have asked lowell yesterday for proof of the debt, I do not understand why they are only chasing £285 for a debt they say is £4500.

They have taken legal action on the debt, so the limitation act no longer applies, they are also under no obligation to prove the debt to you for the same reason.

A court has decided you owe the money, if you wish to contest this, then you have to apply to set aside the judgement at a cost of £255,00.

To do this you must have a reason why you did not respond to the original court paperwork, and you must also have a defence to the claim.

The £285 they asked for needs clarification as to what it is for.

fatbelly

A decent court bailiff should be able to explain what is going on. They are employees of the court and not the idiots that work for the commercial firms.

They can also advise about the procedure for 'varying' the order using a N245 if you want to pay by instalments.

However, if you can show that this was statute barred at the time of the claim (not the judgement) then a set-aside application is the way to go provided:

• you have a reason why you did not respond to the original claim
• you have a defence with a reasonable prospect of success
• you act 'promptly' (this is not defined)

TripleH

Did they introduce themselves as 'Court baliffs' or did you ask / assume they were?

It wouldn't surprise me that some of these individuals won't correct you up you make the wrong assumption.

Have they given you any paperwork outlining that the £285 is for full and final settlement.

Again unless it is written down its easy to give limited information in an ambiguous way to allow you to draw the wrong conclusion without them ever lying.