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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have just received a notice of transfer of preceedings on

Resolved Question:

I have just received a notice of transfer of preceedings on a ccj but have not made any late payments or missed any payments, I have made the payments over the phone and have the ref numbers from the person I spoke to and have checked with my bank and the payments have gone to the payee -- as its the weekend I cant get in touch with anyone to find out why, and am having a serious panic attack now.

Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Did the original CCJ make provision for payment by installments? You have never missed or been late please?

Customer:

Yes, the original CCJ made provision for monthly payments to be made before the 9th of each month at 100pound per month I have made each payment between the 24th and 28th of each month via telephone payments and have made a note on each occasion of the payment amount the person who took the payment and the ref number they issued when I made the payment. I have also checked with my bank that those payments have indeed been processed and have the bank statements to prove it. So should the company be issuing an enforcement notice through a different County court if I have not missed any payments, I received the letter today informing me of the notice to transfer to Kings Lynn County Court with the note on the bottom stating t hat enforcement would be under way, but made the payment due for the 9th March on Friday the 28th February and the person to whom I made the payment did not inform me that this was imminent I am confused and obviously quite upset.

Alex Watts :

So you are on time, which is my understanding, right?

Customer:

Definitely on time, card details taken over the phone, the ref number given to me to verify that that the payment had been authorised by the bank. Not one payment missed or late. Took the name of the person taking the payment, checked the balance each time and checked with the bank to ensure that the payment had gone through before the due date.

Alex Watts :

Ok - I would not be concerned then.

Alex Watts :

Nothing can happen in terms of enforcement if you are in accordance with the Court Order.

Alex Watts :

The only thing they are entitled to do is apply for a charge on any property whilst the debt is outstanding - you dont need to be behind for that.

Alex Watts :

But they can't send in bailiffs, get attachment to earnings, or freeze bank accounts whilst monthly payments are being made and not missed.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Thankyou so much, you have partially set my mind at ease.

Customer:

Would you suggest that I telephone the company to whom the payments are made on Monday and ask for clarification of why this is being done?

Customer:

what does a charge on the property mean?

Alex Watts :

No, I would ask the Court why it is being transferred and has there been an application made. Charge on the property means making the debt secure on your property.

Customer:

Thankyou again. I will act on your advice and hopefully get this sorted as painlessly as possible.

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

Ash, Solicitor
Category: Law
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Experience: Solicitor with 5+ years experience
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