Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)


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  1. #1
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    Default Bailiff help, writ sent to incorrect address

    First post so Hi and thanks for any advice offered.

    Had some windows/doors installed by a local firm in a self build property.

    Thereís been issues since the start, leaking sliding doors, bay window out of square, no keys for window locks, runners corroded. The company havenít been the most helpful in rectifying anything.

    I moved into the house I was building in March 2016 and Iíve had visits from the companies employees whilst I was living there, the last one about April/may.

    I still owed 10% of the £15k for the full job which I told them I would pay when my concerns were sorted.

    2 weeks ago I settled the outstanding amount as I am going to take it to the small claimsicon court.

    The guy I sold the house to works away and he dropped a handful of letters off last week from solicitors, ccj and bailiff visits with extra charges, all dating back to July/August.
    This was the first knowledge I had of a ccj and a writ.


    Thanks in advance.


  2. #2

    Default Re: Bailiff help, writ sent to incorrect address

    so you've not informed anyone of your correct address, so everything was served to the old one.?

    can you scan up what you have received to ONE multipage PDFicon
    read uploadicon.

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  3. #3
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    Default Re: Bailiff help, writ sent to incorrect address

    I moved out March 16.
    All communication has been via email/telephone since I ordered the windows.

    Never gave it a thought to be honest, they’ve been back and forth to the property with me living in it, it’s been complete for over 18mths.

    I’m away from home till tomorrow, I’ll see if I can uploadicon them then.

    Thanks

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  4. #4

    Default Re: Bailiff help, writ sent to incorrect address

    so you've never informed them that you are now living at another address?
    so they quite legally served everything to the old address

    I wouldn't be ignoring the bailiff writ letter
    next step will be bailiffs at your door where you are now.

    if the debt is over £600 then these will be HCEO's too I bet.

    atleast scan up what you've had from the bailiff co please..who is?

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  5. #5
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    Default

    The bailiff is marstons

    I havenít purposely with held info from the company, the windows were fitted in the property Iím now living in. Their employees have been to try and rectify the problems on numerous occasions.


  6. #6

    Default Re: Bailiff help, writ sent to incorrect address

    so operating as Highcourt enforcement officers?

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  7. #7

    Default Re: Bailiff help, writ sent to incorrect address

    Quote Originally Posted by Russ295 View Post

    I moved into the house I was building in March 2016 and Iíve had visits from the companies employees whilst I was living there, the last one about April/may.

    I still owed 10% of the £15k for the full job which I told them I would pay when my concerns were sorted.

    2 weeks ago I settled the outstanding amount as I am going to take it to the small claimsicon court.

    The guy I sold the house to works away and he dropped a handful of letters off last week from solicitors, ccj and bailiff visits with extra charges, all dating back to July/August.

    Thanks in advance.
    From what you have written, the creditor had every reason to believe that the address on the claim formicon (and eventual Judgment) was correct.

    It is vitally important to have the exact dates of the letter from the court advising of the Judgment and the date of the Notice of Enforcement from Marston's. If a visit has taken place, that visit date will also be needed.

    If a Writ of Control had been issued, additional fees would have been added to the judgment amount. If you made payment after the case had been passed to Marston's, then to 'amount due' would have ALSO included the Compliance fee. It would seem that your payment made two weeks ago is merely a payment on account.

    There is a procedure available to you to have the judgment 'set aside' but unfortunately, these applications are not straightforward. Please post back to let us know the dates of the letters etc.


  8. #8
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    Default Re: Bailiff help, writ sent to incorrect address

    Firstly, thanks so much for taking the time to look at this its much appreciated!

    Ordered windows/doors approx oct 2015.
    Window and 1 door was fitted approx Nov 2015.
    £13714 was paid leaving £1500 balance.

    Last door was fitted in mid March 2016. 4 months late.

    I sold my old property on 31 March 2016 and moved into my new place.

    There has been numerous emails, telephone calls and visits from the company right up until about May 2018 whilst I have been living in the property.
    I have used my new address as the subject of my emails.

    My post was redirected via royal mail until about June 2018.

    4th June 2018 Redirected - Letter from solicitors asking for payment.
    I responded via letter to the solicitors giving my new address and my issues.
    Also responded to company stating my concerns and reasons for with holding payment.

    I had a reply via email from the company, stating none of the problems were their fault or they knew nothing about it despite e-mails sent previously.

    31 August - paid the £1500 balance via bank transfer to the companies bank account.
    My thoughts were to claim off the guarantee (which I haven’t got yet) or take it via the small claimsicon court.

    5th September a letter that had been delivered to my old address was posted through my door.

    Letter was dated 24 August from Marstons saying a high court writ for £2519.71 had been issued.

    I replied via e-mail immediately explaining I didn’t live there, the debt had been paid and this was the first I knew about it.

    6th Sept, more letters were hand delivered through my door

    13 July 2018 - Solicitor saying a county courticon claim formicon had been issued.

    3th July 2018 - A claim form from the County court

    3rd August - A CCJ Judgement for £1975.8

    7th August - Marstons Notice of enforcement For £2185.28

    8th August - Solicitors letter stating a CCJ had been issued For £2093.55 and I’d be hearing from a Bailiff direct.

    24th August 2018 - A printed/hand written letter from Marstons with the following costs added
    Judgment - £2093.55
    Interest - £ 8.30
    Compliance fee - £90.00
    Enforcement stage 1 fee - £326.98
    Total - £2518.83

    6th Sept 2018 Phoned Marstons and explained I had no knowledge of this but all they wanted was for me to clear the balance.

    I’ve been on a family holiday in spain this week, Sat to Sat.
    I had a telephone callicon from the Enforcement agent on thursday but it rang off after a couple of seconds.

    My thoughts are to phone on Monday and try to sort a paymant plan for whatever the remaining balance is, whilst I try and get this all sorted out.

    Thanks again.


  9. #9

    Default Re: Bailiff help, writ sent to incorrect address

    So have you a copy of the claimformicon
    What address is on it please
    What date is on it top right

    You say you have already paid the sum the ccj - when
    Some of your dates above must be wrong?

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  10. #10
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    Default Re: Bailiff help, writ sent to incorrect address

    Date is 13 July2018
    The address is my old house, the one I sold in march 2016.
    Amount is £1947.08
    The £1500 was paid on 31st August.
    The guy that bought my old house works in the middle east and I assume the letters have been lying there untill he returned on leave.

    Sorry, yeah the date of the claim formicon is wrong.

    Firstly, thanks so much for taking the time to look at this its much appreciated!

    Ordered windows/doors approx oct 2015.
    Window and 1 door was fitted approx Nov 2015.
    £13714 was paid leaving £1500 balance.

    Last door was fitted in mid March 2016. 4 months late.

    I sold my old property on 31 March 2016 and moved into my new place.

    There has been numerous emails, telephone callsicon and visits from the company right up until about May 2018 whilst I have been living in the property.
    I have used my new address as the subject of my emails.

    My post was redirected via royal mail until about June 2018.

    4th June 2018 Redirected - Letter from solicitors asking for payment.
    I responded via letter to the solicitors giving my new address and my issues.
    Also responded to company stating my concerns and reasons for with holding payment.

    I had a reply via email from the company, stating none of the problems were their fault or they knew nothing about it despite e-mails sent previously.

    31 August - paid the £1500 balance via bank transfer to the companies bank account.
    My thoughts were to claim off the guarantee (which I haven’t got yet) or take it via the small claimsicon court.

    5th September a letter that had been delivered to my old address was posted through my door.

    Letter was dated 24 August from Marstons saying a high court writ for £2519.71 had been issued.

    I replied via e-mail immediately explaining I didn’t live there, the debt had been paid and this was the first I knew about it.

    6th Sept, more letters were hand delivered through my door

    13 July 2018 - Solicitor saying a county courticon claim form had been issued.

    13th July 2018 - A claim form from the county courticon

    3rd August - A CCJ Judgement for £1975.8

    7th August - Marstons Notice of enforcement For £2185.28

    8th August - Solicitors letter stating a CCJ had been issued For £2093.55 and I’d be hearing from a Bailiff direct.

    24th August 2018 - A printed/hand written letter from Marstons with the following costs added
    Judgment - £2093.55
    Interest - £ 8.30
    Compliance fee - £90.00
    Enforcement stage 1 fee - £326.98
    Total - £2518.83

    6th Sept 2018 Phoned Marstons and explained I had no knowledge of this but all they wanted was for me to clear the balance.

    I’ve been on a family holiday in spain this week, Sat to Sat.
    I had a telephone callicon from the Enforcement agent on thursday but it rang off after a couple of seconds.

    My thoughts are to phone on Monday and try to sort a paymant plan for whatever the remaining balance is, whilst I try and get this all sorted out.

    Thanks again.

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  11. #11

    Default Re: Bailiff help, writ sent to incorrect address

    Yes thanks for that

    Yes your last sentence is the correct way to proceed now..sadly!!

    Dont think you can resit this in anyway
    The judgement was issued 3rd aug
    You paid 28th
    With the bank holiday
    I expect the payment did not land for a good few days

    If/if not a new claim by you because of faulty workmanship or WHY works is asep matter totally

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  12. #12

    Default Re: Bailiff help, writ sent to incorrect address

    Quote Originally Posted by Russ295 View Post

    Window and 1 door was fitted approx Nov 2015. £13714 was paid leaving £1500 balance.

    I sold my old property on 31 March 2016 and moved into my new place.

    My post was redirected via royal mail until about June 2018. 4th June 2018 Redirected - Letter from solicitors asking for payment.

    I responded via letter to the solicitors giving my new address and my issues. Also responded to company stating my concerns and reasons for with holding payment.

    I had a reply via email from the company, stating none of the problems were their fault or they knew nothing about it despite e-mails sent previously.
    Please do not take offence with my response but the way that I see it, you had new windows and a door fitted almost 3 years ago (in November 2015). You appear to have been disappointed with the quality of the finished product and as a consequence, withheld £1,500. I am assuming that the quality of the windows did not hinder the sale of your home 5 months later (in March 2016).

    Fast forward to June 2018 when you received a lettericon from solicitors that had been redirected from your previous address. That letter sought payment. What was the exact figure stated in that letter?


  13. #13

    Default Re: Bailiff help, writ sent to incorrect address

    Quote Originally Posted by Russ295 View Post

    Ordered windows/doors approx oct 2015.

    Window and 1 door was fitted approx Nov 2015.

    £13714 was paid leaving £1500 balance.

    Last door was fitted in mid March 2016. 4 months late.

    I sold my old property on 31 March 2016 and moved into my new place.

    There has been numerous emails, telephone callsicon and visits from the company right up until about May 2018 whilst I have been living in the property.
    I am confused by your comment. Can you clarify?


  14. #14
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    Default Re: Bailiff help, writ sent to incorrect address

    Quote Originally Posted by Bailiff Advice View Post
    Please do not take offence with my response but the way that I see it, you had new windows and a door fitted almost 3 years ago (in November 2015). You appear to have been disappointed with the quality of the finished product and as a consequence, withheld £1,500. I am assuming that the quality of the windows did not hinder the sale of your home 5 months later (in March 2016).

    Fast forward to June 2018 when you received a lettericon from solicitors that had been redirected from your previous address. That letter sought payment. What was the exact figure stated in that letter?

    No offence taken, the windows were fitted in my new home that I'm still living in, not the home I sold in march 2016.
    All visits to try and sort out the problems have been whilst I have been living in the new address. The last one was about May this year.

    The letter dated in June was for £1500. I respoded to the solicitor via letter with my reasons for with holding my payment and my new address.
    All corespondaces have still been send to my old address after that and then hand delivered, I assume by the new owner, through my door.


  15. #15
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    Default

    Again just to clarify.
    The new house (where the windows have been fitted) is a self build, bought a bit of land and started building in about March 2105.
    Put my old house up for sale in November 2015 and moved out at the end of March 2016.

    Thanks again, itís all got my head swivelled tbh, never had to deal with anything like this before.


  16. #16

    Default Re: Bailiff help, writ sent to incorrect address

    So for clarity the suppliers solicitor had your new address all along before commencing proceedings in the county courticon?

    The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!
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  17. #17

    Default Re: Bailiff help, writ sent to incorrect address

    Quote Originally Posted by Russ295 View Post

    I moved into the house I was building in March 2016 and I’ve had visits from the companies employees whilst I was living there, the last one about April/may.

    The guy I sold the house to works away and he dropped a handful of letters off last week from solicitors, ccj and bailiff visits with extra charges, all dating back to
    It was these above comments from your initial post that confused me. In hindsight, it would have been better if you had said something like this:

    I moved into the house I was building in March 2016 and since living here, I’ve had visits from the companies employees, the last one about April/May 2018.

    During the period that I was building my house, I lived at another property. It was while living at this other property that I ordered the windows and doors for my new build. I sold that particular house in March 2016.



  18. #18

    Default Re: Bailiff help, writ sent to incorrect address

    Quote Originally Posted by brassnecked View Post
    So for clarity the suppliers solicitor had your new address all along before commencing proceedings in the county courticon?
    My thoughts entirely.


  19. #19
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    Default Re: Bailiff help, writ sent to incorrect address

    Yes. I replied to the first letter I received letting them know I didnít live there and details of my new address.
    Everything that has turned up since has been delivered to my old address, but hand delivered (to my new address) first week of September.

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  20. #20

    Default Re: Bailiff help, writ sent to incorrect address

    Quote Originally Posted by Russ295 View Post

    My post was redirected via royal mail until about June 2018.

    4th June 2018 Redirected - Letter from solicitors asking for payment. I responded via letter to the solicitors giving my new address and my issues.

    Also responded to company stating my concerns and reasons for with holding payment.

    I had a reply via email from the company, stating none of the problems were their fault or they knew nothing about it despite e-mails sent previously.
    You received a lettericon from the solicitors dated 4th June. This letter was received whilst the Royal Mail postal redirect was in place. You responded to the solicitor BY LETTER. You stated in that letter that you had moved address. Did you state WHEN you had moved address? Were the solicitors aware BEFORE this letter that you had moved in 2016?

    You confirm that the window company responded to your correspondence (to state that they were not responsible etc). HOWEVER.....and this may be where the problem arises.....you have not mentioned whether you received a reply from the solicitors.

    PS: Most important of all, what date did you respond to the solicitors letter (dated 4th June 2018)?


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