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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69785
Experience:  Over 5 years in practice
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good afternonn I have been to the small claims court (October

Customer Question

good afternonn

I have been to the small claims court (October 2013) because an election who did some work for me did a very shabby job, and I was not happy

unfortunately he won so I now have to pay him.

I sent two cheques to him totalling £200

I made an agreement that I would send £150.00 and then £100 a month this was agree but having looked at the agreement I had put £1500 and a £100 a month.

I set up a standing order to him for a £100 a month which is being paid.

I have today received a notice of issue of warrant of execution for the total sum of

£2310.47. the total sum was 2410.47 and I have paid £300 so the total the say im to
pay is wrong. it seems they are sending the bailiffs to take some of my property.

could you help me with the correct procedure.

p.s. I have tried to call the bailiffs and they only man the phones from 8 a.m. until 9.30 a.m. so I cant speak to them until monday
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

How can I help with this please?
Customer: replied 3 years ago.

hi jo


 


can you help as I don't want the bailiffs knocking on my door.


 


ive given you as much information as I can


 


 

Expert:  Jo C. replied 3 years ago.
it's fairly bad news I'm afraid.

What was the date of judgement?
Customer: replied 3 years ago.

8th October 2013

Customer: replied 3 years ago.

hi jo


 


the judgement was October 2013

Expert:  Jo C. replied 3 years ago.
Thank you.

The problem you have here, in a nutshell, is that you have made an arrangement with him when what you should have done is apply for a variation order to pay in instalments.

There is no way really of sugarcoating this. You are liable for some of the bailiffs costs and bailiffs fees can be expensive.

He's probably saying that you defaulted upon the arrangement anyway because users did not pay £1500 as was offered.

You can still apply for a variation order and it probably would be accepted if you made a reasonable offer.

That would stop the Bailiff enforcement but it will not do anything about the bailiffs fees.

You could also apply for re-determination of the amount as well which would resolve the incorrect figure issue.

What this court will not deal with though is the issue of bailiffs fees. To resolve that you will have to pay and sue the bailiffs for overcharging.

Given the prices that you mention and the fact that this seems to be the 1st visit from the bailiffs this does seem a high sum.

I'm very sorry but that is your position.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

no jo thank you for your help


 


jan

Expert:  Jo C. replied 3 years ago.
No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/
Customer: replied 3 years ago.

jo


 


just to say that I did have a variation order in place which I messed up with the figures.


 


Do you think they will allow me to apply for another one.


 


I have also e mailed the electrician and offered him £500 and to continue the £100 per month if he is in agreement.


 


The execution warrant says that unless I pay the 13th March the bailiff will call and may remove my goods. it doesn't seem at the moment that there are any additional costs.


 


Will any of this information make a difference to what I should do for the best


 


jan


 


 


 


 

Expert:  Jo C. replied 3 years ago.
Did you have a court variation? I thought that you had just agreed the matter with him?
Customer: replied 3 years ago.

No I applied for a variation order which is where I put in the wrong figues


I put £1500 instead of £150.00.


 


He agreed this amount

Expert:  Jo C. replied 3 years ago.
Yes, that is unfortunate.

You can apply to vary a variation order and redetermine the amount but the court is obviously not likely to be impressed.

You have been making payments though which is always helpful.
Jo C., Barrister
Category: Law
Satisfied Customers: 69785
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Expert:  Jo C. replied 3 years ago.
Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

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