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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have been abroad working . In my absence a CCJ was awarded

Resolved Question:

I have been abroad working . In my absence a CCJ was awarded against me and I returned to find a "Notice of Enforcement" from High Court enforcement group ltd. I contacted them and suggested a payment schedule.The monies are owed but I thought I had agreed with teh company in question that I would be able to schedule payments, no response and then teh CCJ.They responded by saying they would check with their client if this was acceptable but also insisted that I start the payments, I am now being telephoned by a representative who wants to "attend the premises' It is the home of my wife and children and I am rarely there as I work abroad. Do I commence payments? Do I compromise myself if I do? Any thoughts gratefully recieved
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

For now please let me know whether you have any defence to the claim against you?

Customer:

Not that I know of. We were staying in a serviced apartment whilst waiting for our rental to become available. The management of the hotel/apartment was removed and we were given 4 days notice, along with all the other guests, to leave as they needed vacant possession for the new management. We moved out, I went to work in Singapore and had intermittent contact with the old management regarding the outstanding bill. Contact went quiet next thing I know there is a CCJ and the enforcement company

Customer:

Sorry Hello Alex, my name is Simon

Alex Watts :

Did they serve at the correct address?

Alex Watts :

Did they knew you were abroad?

Customer:

They served at my old residential address that was forwarded to a mailbox, I don't know if they knew I was abroad.

Alex Watts :

Was the old residential address the last one they had for you?

Customer:

Yes

Alex Watts :

Ok. What is it you want to achieve?

Customer:

I don't want anyone arriving at the home where my wife and children are. I also want to understand if I make the payments as suggested will they stop phoning and asking to show up

Alex Watts :

That is correct. Sadly you can't set aside as you accept you have no defence which is the test

Alex Watts :

But if you agree a repayment plan and stick to it then they won't turn up or call you.

Alex Watts :

In any event if they call you, you are perfectly entitled to ask them to put everything in writing

Alex Watts :

But if a repayment plan is agreed and you stick to it, you wont hear from them again

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Are they obliged to accept a reasonable repayment plan or would it simply make sense for them to do so?

Alex Watts :

Yes they are.

Alex Watts :

They can not have anything unreasonable.

Alex Watts :

If they do you could apply to the Court to pay by installments and offer a lot less

Alex Watts :

So they will be reasonable.

Customer:

Should I engage a lawyer to achieve this?

Alex Watts :

No, because those costs won't be recoverable.

Alex Watts :

Unless the CCJ is very high then it may be cost effective.

Alex Watts :

But you can do this yourself

Alex Watts :

Can I clarify anything else for you?

Customer:

Many thanks, ***** ***** helped a great deal. I am much more calm and will do as you say. thank you.

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