Unexpected Notice of Enforcement

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karlandnat06
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#1 Unexpected Notice of Enforcement

Post by karlandnat06 » 24 Nov 2017 15:25

Hi

i am just wanting some advice on a debt i have with the Legal Aid Agency. I owe them money from 2 years ago and to put a long story short i was querying the amount owed, moved house and with all that goes with it and having 4 children absolutely forgot about the debt. I have had no correspondence with the Legal Aid Agency for nearly 2 years and all of a sudden i get home today and to find a Notice of Enforcement writ. There has been no reminder or anything surely there must be procedures to go through before they send this notice out?

I am just wanting some advice as to where to go from here as i only have until 4th December to sort it out and the amount is £1300.

Kind Regards

Mr Scott

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Schedule 12
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#2 Re: Unexpected Notice of Enforcement

Post by Schedule 12 » 24 Nov 2017 15:30

You said the debt is a writ.

If you want more on time to pay because you are experiencing hardship or are living on or below the government poverty threshold (the sum you attract in benefits), then you can apply to stay the execution of the writ and vary the judgment to be paid in weekly installments,

You complete a form N244, and a form N245 income and expenditure. You can apply for court fee remission by completing a form EX160.

This article explains how it is done: http://www.dealingwithbailiffs.co.uk/St ... r-HCEO.htm
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karlandnat06
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#3 Re: Unexpected Notice of Enforcement

Post by karlandnat06 » 24 Nov 2017 15:42

Sorry i am new to this not sure what a WRIT is if it is more serious or what to do. i have emailed Marstons who the enforcement agency is who is dealing with it

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#4 Re: Unexpected Notice of Enforcement

Post by Pote Snitkin » 24 Nov 2017 16:16

Don't worry about the terminology. Follow the advice in post #2 to ask the court to be allowed to pay at an affordable rate. This will also see all bailiff fees removed.

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#5 Re: Unexpected Notice of Enforcement

Post by Schedule 12 » 24 Nov 2017 16:30

This might not be a writ. In all probability, its a Capital Contribution Order.

Marston inherited the enforcement contract from Rossendales when its former owner was the only bidder, and it has been hugely unsuccessful. The business model is nonsense because it involves sending bailiffs round to people that have no money and asking them to pay tens of thousands at the doorstep.

Here is more about Capital Contribution Orders: http://www.dealingwithbailiffs.co.uk/ca ... -order.htm
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karlandnat06
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#6 Re: Unexpected Notice of Enforcement

Post by karlandnat06 » 25 Nov 2017 10:52

Thankyou for your help

karlandnat06
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#7 Re: Unexpected Notice of Enforcement

Post by karlandnat06 » 25 Nov 2017 12:43

Good Afternoon,

i am trying to get my head around filling out the form N244, i take it i send 2 copies of the N244 form to the High Court in London? The WRIT does not have the local district registry address on it. Also how do i pay the £50 fee? do i send a cheque or postal order and if so who do i make them out to?

Kind Regards
Karl

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#8 Re: Unexpected Notice of Enforcement

Post by Schedule 12 » 25 Nov 2017 17:55

I've never done it at a district registry. I've always done applications at the High Court in the Strand. Go to Room EO1 to pay the fee, then room EO7 to list the application, then go to the masters corridor to hear the application before a master, then put in the clients' bill of costs to be reserved and transfer the claim back to the clients home court. I have a solicitor attend the application hearing itself. I just do the paperwork under the solicitor's authority.
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#9 Re: Unexpected Notice of Enforcement

Post by Pote Snitkin » 25 Nov 2017 21:29

Schedule 12 wrote:
25 Nov 2017 17:55
I've never done it at a district registry.
Not everybody can get to the Strand. You need to find out what the correct procedure is for those people.

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#10 Re: Unexpected Notice of Enforcement

Post by Schedule 12 » 26 Nov 2017 11:36

I'll have to research it. I don't even know if a writ can be stayed at a registry different from the issuing registry.
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#11 Re: Unexpected Notice of Enforcement

Post by karlandnat06 » 28 Nov 2017 16:26

so if i am to send the form to the Strand i would need to go there personally ? i thought i could pay the fee and send it to the high court like in a cheque. I am from the North East so isn't really a quick journey

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#12 Re: Unexpected Notice of Enforcement

Post by Schedule 12 » 28 Nov 2017 21:18

Your time and your travel costs are all recoverable on a form N260. You can pay by card. A snail would get to the HC quicker than a cheque.
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#13 Re: Unexpected Notice of Enforcement

Post by Pote Snitkin » 29 Nov 2017 09:25

That's not helpful. What is the best procedure for those who cannot get to the Strand? The only option seems to be to send it to the issuing court by recorded delivery with a cheque.

Make an application for a stay on the N244 to the court that issued the writ of control. Explain that you are requesting a stay of execution, with an offer of payment. This could be by instalments or a lump-sum payment of the whole amount by a certain date.

Provide a ‘witness statement’ with the application.

Explain your circumstances - describe any special circumstances which you feel would make it unfair for the judgment to be enforced by HCEOs and any other debts you owe.

Ask for a hearing date as part of your application and a transfer to your local court.

That's got to be easier than forking out £150+ for a train and tube to the Strand then hoping the court allows your expenses.

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#14 Re: Unexpected Notice of Enforcement

Post by Schedule 12 » 29 Nov 2017 12:32

I am going to have look through the white book for the PD's on making applications to a district registry.
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#15 Re: Unexpected Notice of Enforcement

Post by karlandnat06 » 29 Nov 2017 16:46

It all jut seems too much of a carry on. If i was to make a payment plan do i have to let them in or can i arrange it outside? As i am worried they are not trustworthy and whilst they have said on the phone that they don't take anything on the first visit and have to come out to arrange the payment plan i just don't trust that they wont. I have rang up with an offer but they have said they have to come out to arrange the plan and that it will be an extra £190 plus to add on the bill. Both cars in my household are in my wife's name but although she bought stuff from her own money it goes into a joint account so no proof of that items are actually hers. The only thing we have really is a TV, xbox which was bought for the children and my wife's laptop for University. There is no proof of this so i dont want to let them in at all but am willing to make a payment arrangement. I have also rang and offered to pay £900 getting togther funds from family but they have said because it has got to this stage they can only accept the full amount which is £1230 is this also the case ?

Karl

karlandnat06
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#16 Re: Unexpected Notice of Enforcement

Post by karlandnat06 » 29 Nov 2017 16:49

When on the phone i asked which court issued it and it was Oxford County Court which is no where near where i live anyways. So i would still have to travel a fair distance to go to the county court. i thought it would of been a local court

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