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High Court Writ Recieved for a debt paid 4 months ago!! Enforcement Have Attended? HELP

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  • High Court Writ Recieved for a debt paid 4 months ago!! Enforcement Have Attended? HELP

    We are a small company who own a pub. We fell out with one of our suppliers due to bad produce/missed delivery's our final balance on our account was
    £ 1,057.11
    We were chased by a small Debt Collection Agency CW Legal Services and subsequently paid the supplier directly via BACS Transfer Obviously not including the debt collectors fees below
    Statutory Charge £ 280.00
    Interest 5.76
    Debt recovery fees £ 120.00
    The communication from the debt collector fell silent after this, then as of the 2nd of July a High Court Enforcement Officer Turns Up from The Sheriffs Office Saying we owe 2600 (in a county court case heard in Newcastle county court on loan to The High Court Of Justice bear in mind the supplier and us are based in sussex) and they have a high court writ and it needs to be paid by the 20th of this month... What do i do

  • #2
    Are you aware of a County Court Judgment against you or your company?

    Is there a breakdown of the £2,600 on the HCEO writ?

    Di

    Comment


    • #3
      Hi Di,

      I wasnt until HCEO turned up (i wasnt on the premises when he did turn up but i spoke with him on the phone)
      and no the HCEO said we need to request it from there office.

      Many Thanks

      Joe

      Comment


      • #4
        Is there a County Court Judgment?

        If there is and you didn't receive the claim form for some reason, then you may be looking at an Application to set it aside.

        Di

        Comment


        • #5
          Hi Di

          All im aware of is a high court writ (we dont have a copy of the writ, im awaiting on a breakdown of 2600 from The Sheriffs Office), it must have gone through county court before that though (im making enquiries now) but the only paperwork we have received was original emails from the first debt collector CW Legal Services and then 3 months later a high court enforcement officer walks in.

          i spoke to the original debt collector and told him it was paid to the supplier and he said "why haven't you told me you paid them, oh well we have done everything correctly on our end im still enforcing it as the fees haven't been paid"

          From what i can see it looks like i need to file an N244 with Newcastle County Court to Set Aside the judgement (whether i do that from lack of paperwork, or from the payment being made in april im not sure) then another N244 with High Courts Of Justice QBD for a Stay of Execution?


          Many Thanks
          Joe

          Comment


          • #6
            Hi Joe, may I suggest you email Di about this, she will be able to offer you some advice that is unavailabe on the site,best wishes

            di@joannaconnollysolicitors.co.uk
            I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

            If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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            • #7
              Originally posted by JoeyB View Post
              Hi Di

              it must have gone through county court before that though (im making enquiries now) but the only paperwork we have received was original emails from the first debt collector CW Legal Services and then 3 months later a high court enforcement officer walks in.

              Let me know what you discover from Newcastle County Court.

              Ask for a copy of the Judgment Order (CCJ) and the Claim Form and/or "Case Details" which will reveal what happened when.

              (I've sent you a PM because the phone number I was given for you is incorrect.)

              Di

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