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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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hi my business was issued with ccj owing 716 pounds on _ April.

Resolved Question:

hi
my business was issued with ccj owing 716 pounds on _ April. I made the payment in full by ln line bank transfer on 17 April. the creditor received ghe money on 18 April. on 22 April the court issued a writ for the same amount to be recovered from my business. on the 28 April I received call demanding ghe full payment of the debt. I informed the High Court officer by an e-mail that we already settled the debt. things gone quite till yesterday when we had a visit from HCE officer demanding a full payment of 1149 pound. we told the officer ghat we already paid 716 pound but she insisted she either get paid in full or she will starting taken possession of good from our business.
I spoke to the county court help desk and I was told that kn ghe writ application the creditor declared he did not receive any money from us.
my questions are
how could ghe debit collector charge so much although ghere were told by the creditor about thd first moneh we paid.
where do we stand legally with both creditor anc HCE ?
Submitted: 2 years ago.
Category: Law
Expert:  tdlawyer replied 2 years ago.

tdlawyer :

Hello, welcome to the website. My name isXXXXX can assist you with this.

tdlawyer :

When you refer to the "debt collector" do you mean the high court enforcement officer?

Customer:

yes

Customer:

they are from HCE L

tdlawyer :

Okay, clearly if you've paid the debt or an amount of it, the HCEO's fees need to be in line with the amount they're seeking to recover.

Customer:

they are from HCE Group

Customer:

we already paid the creditor before the writ was issued a.d before HCE was

Customer:

az

Customer:

asked to collect anything

tdlawyer :

I see. Okay. In this case, as the HCEO is an officer of the court you can make an application to the court to confirm that there is nothing outstanding and that the writ they're enforcing should be set aside.

tdlawyer :

You can do this using form N244.

tdlawyer :

Do you have this?

Customer:

hello

tdlawyer :

Hi

Customer:

sorry I could not se the screen on my phone I thought I lost you

tdlawyer :

I'm still here.

tdlawyer :

I said this:

tdlawyer :

 


I see. Okay. In this case, as the HCEO is an officer of the court you can make an application to the court to confirm that there is nothing outstanding and that the writ they're enforcing should be set aside.


 


10:03 PM


You can do this using form N244.


 


10:03 PM


Do you have this?

Customer:

HCE Group is like a debt collection firm and they forced us to hand a ffurther 1049 pounds on top of the 716 pound we piaid previous

Customer:

no

tdlawyer :

They can only act on the court writ/

tdlawyer :

What you would do is ask for the writ to be set aside. This means they cannot then recover anything.

tdlawyer :

But, as you have paid the money to them, you would need to sue them to get it back if they refuse to pay it back to you.

Customer:

what about the creditor who did not declare the of the fund when he applied for the writ

tdlawyer :

True - the court would usuaully order them to pay wasted costs of you having to make this kind of application. Certinly, this would include the application fee if the court believes you paid it before issue (which you can easily prove).

Customer:

hello

tdlawyer :

Hi

tdlawyer :

True - the court would usuaully order them to pay wasted costs of you having to make this kind of application. Certinly, this would include the application fee if the court believes you paid it before issue (which you can easily prove).

Customer:

yes I paid by a bank transfer I kept a copy and I have copy of th emailtoHCE

tdlawyer :

Great. So this is easy to do.

tdlawyer :

You should forward this to them and get them to refund the monies paid.

Customer:

so do I need a solicitor or do I just fill a summon

tdlawyer :

If I were you I would do it personally, because it's a small claim and really informal. It's easy to do. Save your money!

Customer:

can we apply for compensation

tdlawyer :

No, you can't I'm afraid. English law doesn't allow this in this type of case.

Customer:

thank you for your help

Customer:

is there anything els you can advice me with

tdlawyer :

Dont think there is anything more I can add to be honest.

tdlawyer :

You're welcome for the help.

tdlawyer :

Can I ask if you're happy with the service tonight?

Customer:

thank you

tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience: 11 years experience of general practice.
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