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Laydee Danielle

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  1. For a start you need to make a complaint to the bailiffs as they have breached the National Standards of Enforcement agents which states ' Enforcement agents should, so far as it is practical, avoid disclosing the purpose of their visit to anyone other than the debtor' and 'They must maintain strict client confidentiality and comply with Data Protection legislation and, where appropriate the Freedom of Information Act' They should not have attended another property to speak to you it's not on and you need to report it!
  2. a copy of the agreement should be enough proof for the bailiffs, the onus is on you to prove it to them
  3. no the charges are set in The Enforcement of Road Traffic Debts (Certificated Bailiffs) (Amendment) Regulations 2003 and there is no fee for debtors breaking agreements. Yes, levying distress means if they come and remove goods they are not legally obliged to accept your payment offer but if you write to them advising them you are aware of your rights and will not let them into your property to remove goods they are usually more willing to accept. Before paying them request a full breakdown of the account showing all the fees that have been added. Also if you still have the car park it well away for your house until you get the matter sorted
  4. Items that are hired or subject to a hire purchase agreement do not belong to the debtor and therefore cannot be seized
  5. Have the bailiffs visited your property? Have you confirmed with them that this is just for the one parking ticket that is yours? I would suggest that you write to them requesting a breakdown of the fees they have added, and no they can't add a charge if you break a repayment plan with them. Bailiff fees: For preparing and sending a letter (if sent before visiting) £11.20 For levying distress is debt under £100 - £28.00 over £100 for the first £200 28% and 5.5% for anything over £200 For attending to levy distress but was not done - reasonable costs but cannot be more than if they have levied (see above)
  6. A judgment can be enforced by execution of writ of fieri-facias (fi-fa) this is done by High Court bailiffs. Now that bailiffs have been instructed an application to stay the writ of fifa and to make a payment offer should be made, this is done on court form N244. Also County Court bailiffs are allowed to continue executing the warrant until the application has been heard however I am not sure if this is the same for High Court bailiffs.
  7. If I was you I would get a statutory declaration sworn at you local county court stating that the goods in the property belong to you. You can then use this as evidence to show the bailiffs they are your goods and they cannot take them. Are the bailiffs collecting a credit debt?
  8. Just because they have provided you with what looks like an enforceable agreement does not mean its the law that they have to take court action the creditor is perfectly ok to pass it to a collection agency. Also personally I feel another CCA request would be pointless as BOS have already provided it and if they have it then it's very likely that Wescot will either have it, be provided with one or pass it back to BOS who have one. The only real thing you will achieve is prolonging any action that either BOS or Wescot can taken
  9. Well if the OP was to approach a CAB or CLA they would need to sign a letter/form to state they give permission for the account to be discussed with a third party. Also a lot of creditors now are asking for 3rd parties to have a password set up although usually they just ask someone obscure about the debtor. Has someone tried to discuss the matter on your behalf? If not it could just be a way of getting your signiture but then that's not guranteed to work as you may not want anyone else discusssing it?
  10. You do not need to send proof of your identity and I would advise that you don't, it is the job of the creditor to prove that you owe the money. Capquest have a habit of requesting this, I have read that people have sent it only for Capquest to loose it and deny receiving it for it then be later sent back to the debtor! Unless they can provide you with a copy of your signed agreement they will not be able to enforce the debt and any county court action should be defended. Capquest are well know for chasing either statue barred debts or debts with no agreement.
  11. Apex are very good at things like this, you have proof that they have received the CCA letter so that's all you need just wait until the 12+2 days and them send them the letter that was posted before. They are unable to "request" payments until they provide the agreement. You are write in not calling them Apex are very good at having calls and not putting things onto the system so there would be no records of your call. Also keep a record of all telephone calls you receieve of them as you may need to make a harrassment complaint to them, Apex are know for hounding people making lots of calls to the daily
  12. I don't want to put a downer on things for you but I want you to be aware of everything- please remember that if a defence fails (the claim is upheld) a judgment will be made against you and you will have a County Court Judgment
  13. in your first post you said that your son has a CCJ is this correct? If so have you got any more information on this? If he did the settlement over the phone and paid it at the same time would he have bank statements he could check to see if Orange took the money?
  14. they can pursue both or either one of you in the courts
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