Baliff Visit

[dexyblue]

I am currently in dispute with Moorcroft regarding a catalogue debt with GUS from a couple of years ago. I used to pay £40 a month to Shop Direct to pay this debt off, I then couldnt afford the repayments ( on benefits ) but Shop Direct refused to lower the payment and sent the debt to Moorcroft who still wanted £40 a month and refused lower offers ( all done by phone ) the jist of it was they went to the County Court and I admited the debt and submited my income and expenditure form and the claimant accepted payment of £30 a month. The debt on the acceptance form was for £820.02 and £180.00 costs the first payment to reach claimant by 27 July 2005. On 13/04/06 a letter was sent to me from Moorcroft saying I had defaulted on the court order to pay £30 a month and as a result was in arrears of £30 and wanted payment in 7 days or a warrant would be issued, the balance on the debt at that date was £665.02. I paid the £30 as requested, then I receive a notice of Issue of Warrant of Execution to pay £152.25 to the County Court before 12/05/06 the balance outstanding after payment of the warrant was £540.02 this was paid at Manchester County Court on 11/05/06 ( after me taking a loan out to pay this ) I then in December 06 receive a letter from Moorcroft saying I was in default and £30 in arrears to pay this amount within 7 days or action, this was paid I then get a letter dated 08/01/07 telling me that if I do not pay £152.25 before ( no date stamped ) the baliff will call. I phoned Moorcroft and got a snotty bloke telling me I was in default in November, then he said no October, I asked him to stop the baliff and he just said no contact the court. This is when I came across your web site and my eyes were opened. The debt should never be in the bloody courts. I wrote to both Manchester CC and Northampton CCBC and Moorcroft with copies of letters.
Nothampton CCBC received my letter stamped 15/01/07 and duly sent me in return form N245 and EX160. I was out yesterday sorting stuff out for my elderly Dad and when I return home a letter has been pushed through the door from a baliff its a distress warrant ( van visit being arranged ) the amount is for £152.25. I have sent the N245 and EX160 recorded delivery today after phoning Northampton CCBC as to where to post them, they said to them. Meanwhile what do I do about the Baliff? and is this all because I have sent Moorcroft a CCA ?
Sorry for being so long winded but I am stressed to breaking point with it, Moorcroft know damn well I am on Benefits and I am just incurring extra expense I can ill afford. HELP PLEASE

[tiglet]

Phone the Baliffs and explain what is happening. Get their registered address and forward copies of all letters. Phone the court tomorrow and get advice. And don't worry about it tonight - they are trying to intimidate you - they may call tomorrow, but you do not have to answer the door. Make sure all access points to your house are secured so they can't get in any way other than your front door. They would have to get the police to actually enter your house without your permission and the police are unlikely to go against legal proceedings which are taking place in the court.

Oh, and screw the debt collectors and catalogue for all the charges you have incurred on your account and the costs of you defending their claims.

Honestly, these bloody people make me soooo mad.

[djweeble]

By all means contact the bailiffs and send them copies of the forms etc, it might work, it probably won't make any difference.

They would have to get the police to actually enter your house without your permission and the police are unlikely to go against legal proceedings which are taking place in the court

A POLICE OFFICER WILL NOT FORCE YOU TO ALLOW ACCESS, AS YOU DO NOT HAVE TO ALLOW THE BAILIFF TO ENTER YOUR HOME

The only time a bailiff is allowed to force entry to your home is if he has been in before for the same matter, the police will not even attend to make you allow him entry unless this is so.

DO NOT LET A BAILIFF INSIDE YOUR HOME FOR ANY REASON, NO MATTER HOW TRIVIAL IT MIGHT SEEM, ONCE HE'S BEEN IN HE CAN RETURN AT ANY TIME IN THE FUTURE AND FORCE ENTRY.

Move any cars to a locked garage, and only talk to a bailiff through a window or a locked door, make sure you let him know in no uncertain terms that you are not going to give him access, if he tries to threaten you, tell him to stick his threats where the sun don't shine, and call the police yourself.

BTW, good luck getting the judgement set aside, make sure you let us all know how it goes.

[dexyblue]

Just an update, I phoned shop direct today and lo and behold Moorcroft have sent the debt back to them and a 28 day stop has been put on the account. They hadn't got a clue who or where the baliff was from, so I rang the number on the baliffs letter, which looks like a poor photocopy, and it was a recorded message saying the office was closed and to press 0 to go through to the switchboard, this I did and a elderly lady answered and sounded as if she'd had 1 too many cigs and sherry's so I put the phone down. I then rang Moorcroft who told me that they still had the debt and did I want to pay over the phone. I politely refused ha ha and then asked them who the Baliff was? she seemed taken aback and then said what do you mean. I said is he a private Baliff or CC Baliff, she stumbled her words again and said CC Baliff yeah right I've had dealings with Baliffs from CC before. Does any Baliff visit on numerous occasions, as stated in his letter he pushed through my door, and not add charges? I think not. There are no charges added onto this one though.
Why didnt I find this site sooner? Thanks for empowering me, although I do feel scared at times and as I say my stress levels are through the roof, my relationship is at rock bottom if not over, thanks to all the hassles I've had over the years re Banks, Credit Cards and DCA's. I am now on benefits and am going to try to recoup all charges back.
Maybe alone but should have some money and sweet revenge.

[dexyblue]

The debt has gone back to G C C Debt collectors who have told me by phone that a 28 day stop has been put on my account whilst in dispute. Meanwhile all the paperwork to get warrant suspended and vary judgement has been send recorded delivery to Nothampton CCBC. I told woman at G C C I had sent Moorcroft recorded letter asking for CCA that was signed for 22nd Jan, they said I should have sent it to them as debt had been sent back to them and to correspond with them in future. I then phoned Moorcroft who told me they still held debt, funny they sent it back to GCC on 25th Jan. I then ask about CCA, said they've not received it, told her it was signed for, she then asked did you put a postal order in it? YES !
Oh Lady from GCC has just rung to say no signed agreement, she said. My reply was, when are you going to inform me? I just have she says, can you put it in writing PLEASE! whispered I.
Still no letter but they do have till 9th Feb and then hopefully showtime because I know there are numerous charges plus £180.00 court fees.
Will I be able to claim this lot back? Think original debt was for £400.00 that had risen to £1000.02 including costs. To date I owe £357.27 what are my chances of clearing this and If won how do I gett CCJ removed and is there a charge, and do I add this onto my claim?

[dexyblue]

Bump