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king100

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Posts posted by king100


  1. Hi

     

    Received a letter before action so sent a CCA request back

     

    They have returned with a digital signature application form but there is nothing stating the credit limit, % Apr.

     

    1.Is this enough for them to proceed to court?

     

    On another note, I am in the process of moving house,

     

    1. Do I legally need to inform them of me moving house?

     

    2. If my mail is returned to them but they issue court proceedings to my old house and I dont get the paperwork, does that reset the time? ie if I left appealing the CCJ until after the 6 years?

     

    3. How do you defend digital signatures?

     

     


  2. Thanks Andyorch will get her to fill in the details

     

    Also are the fees wrong?

     

    1st Letter was £715 then 2 weeks later Debt was £833 plus £90 compliance fee Total £923.35

     

    £190 1st Enforcement - no proof as I work from home and was in the day he said he came

    £495 2nd Enforcement

     

    I make it £1490 not £1750

     

    What fees am I missing?

     

     

     


  3. She had questioned the bills on numerous occasions as being so high. I thought she was dealing with it and at least paying something.

     

    She just buried head in the sand.

     

    Only found about it as got another for water rates, so I called up and paid that off before court action.

     

    This CCJ is a a few years old i believe.

     

    Again buried her head in sand and chose to ignore it.


  4. Hi

     

    Just had a visit from a HCEO over a water debt that went to court and a CCJ was awareded.

     

    Initial debt was £715,45 as of Nov 2019

     

    17th December the debt has risen to £933.20 with Compliance Fee of £90

    7 Jan 2020 Debt risen to £1154.50 apparently a visit, but no paperwork was left.

     

    Paperwork left today £1750.94

     

    Not my debt - partners debt

     

    They did not come in.

     

    Initially when I found it was passed to Marstons, I called anglian water asking them to transfer it back and I would settle the balance, they said they couldent.

     

    Do they ever pass it back to the creditor? How long will this take?

     

    Are the fee correct as not had a breakdown.

     

    Suggestions on what to do?

     


  5. ok, anything I do about it, debt in my name house in mine and partners name, plus we have kids under 18, dont want them to make me sell.

     

    I deally would like no CO on house but that doesnt look good. Seen a few posts that suggest to let them have it, then feww years down the line offer a settlement, as they need to wait for me to sell the house and that could be many years from now.

     

    Doesnt it look bad on their side that they have not sent me any letters regarding this and 2 in the in 1 1/2 years?


  6. Sorry I am lost here. I sent a stat dec in, bailiff who has power to call a locksmiths and force entry comes, informed that sta dec sent to court, I am advised by court that marstons has been informed not to enforce.

     

    Yet the link tells me that an apperance in court is needed. Other half hasent been to court.

     

    if bailiff has the right to enter then why didnt he? Unless of course the stat dec has been infront of a judge and they are trying it on. All will be revealed when I call the court tomorrow and find out when Marstons were informed.


  7. Not so. Once an appointment is made at your local Magistrates Court, a hearing is usually only a couple of weeks time and furthermore, it is usual at the time of making the appointment that the court will instruct the enforcement company to place a 'hold' on enforcement awaiting the court granting the statutory declaration.

     

    I should also perhaps add that I have a great deal of experience with these applications and address queries on this subject many times each week.

     

    Ok so stat dec sent 20th Feb, Marstons told to hold off till the 6th, so technically 2 weeks. Then it would have gone infront of a judge and it would have either been declined or accepted.

     

    Then why as its the 14th do we not have any acknowledgement of this?

    If it has been declined why has Marstons not enforced it? ie called locksmiths

    Why did he just leave?

    Why did the court say it has been accepted?


  8.  

    So if correct then this section

     

    (5) Where the defendant serves such a declaration, in time or with an extension of time in which to do so, and the case began with a single justice procedure notice—

     

    (a)the court must treat the single justice procedure notice and all subsequent proceedings as void (but not the written charge with which the case began);

     

    And to send the stat dec in a classed as serving.


  9. This is from here on another post.

     

    If you were unaware of the fine being issued or correspondence had gone to a previous address, then the ONLY way to get this debt away from the bailiff and returned to the court is by way of a Statutory Declaration. A valid statutory declaration will REVOKE the Distress Warrant and all bailiff fees will then have to be removed.

     

    A Statutory Declaration can also be made AFTER a person has had to pay a bailiff to avoid the removal of their goods.

     

    It is important to be aware that a Statutory Declaration should be submitted within 21 days of becoming aware of the fine.

     

    This will need to be sworn in front of a solicitor and should cost just £5. The Statutory Declaration must then be either faxed to the Magistrates Court where the fine originated from or taken there in person.

     

    The bailiff MUST then withdraw all enforcement.

     

     

    Doesnt mention anything about it needing to be put infront of a judge.

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