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Laydee Danielle

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Everything posted by Laydee Danielle

  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
  15. No they shouldn't succeed. It is very important that you attend the hearing to put your defence to the court. Section 86(1) of the County Courts Act 1984 states ‘Where the court has made an order for payment of any sum of money by instalments, execution on the order shall not be issued until after default in payment of some instalment according to the order’ In Mercantile Credit Co Ltd v Ellis [1987], it was ruled that S86 of the County Court act applies, therefore if there is no default, there is no entitlement to apply for a Charging Order. Do you have evidence that you have made every payment? Also what have Natwest put in the particulars of the claim? You should write to the creditor (and send a copy to the courts) stating the grounds for your objections and enclosing copies of any evidence you have supporting them. It seems that Natwest are trying this a lot at the moment as this is not the first case like this I have seen this week
  16. unfortunetly dca's don't HAVE to accept payments there are a few in particular that are hard to negotiate with, although there are a few that will pretty much accept anything, and yes if a £1 is all the disposable income you have you can. offer this
  17. the point I was trying to make what they she may not automatically be entitled to the money, and I wasn't actually quoting the extact section just making an easy summary
  18. Section 29.7 of the limitations act states that a payment made in respect of a statute barred debt cannot revive it, but money paid to a statute barred debt cannot be recovered. A debtor who has paid a statute debt cannot recover the money should if it is discovered subsequently that the debt was already statute bared at the time the payment was made (Bize v Dickason [1786] 1 TR 286)
  19. Yes they can but they can only "charge" that persons half of the property
  20. obviously people have different "rules" to how this should be done, I make CCA requests on nearly a daily basis in my job and we do not specify at the top of the letter that there is no acknowledgement of the debt. The important letters that information needs to be included on is when you are disputing a debt under the limitations act. like PGH said you can make a CCA request at any time even if you have always been paying the money and "know" that you owe it, if there is no agreement or the agreement is not properly executed its unforceable!
  21. Well done, I am pleased you got a good "result". I don't know how Capquest are still here, I have yet to EVER find a debt that they are collecting on to be enforceable through the courts. The people who I have spoken to have no idea about CCA requests, when I called up after waiting for the copy of the agreement to be sent, which they kept insisting was on its way, they said that there was no time limit for providing this, I happily corrected the lady I spoke to who also denied cashing the cheque that we sent, she backed down immedietly and closed the account, a great result for our client!
  22. I would definietly write to them asking for a copy of the walking possession agreement- signed by you (or any other responsible person or adult relarive). Send this letter recorded delivery and keep a copy for your records incase you need it at at a later date. I would also contact your local council to inform them of what the bailiff are doing If they have not been into your home and have not drawn up a list of your goods which you have signed (it has to be signed) then they don't have a walking possession agreement. Some bailiffs have been known to look through a window and write a list of the goods they can see and post it through the door- this is not valid They may be possibly trying to scare you into paying up
  23. Does the letter say what they are collecting, it may be they are asking for their fees you mentioned earlier to be paid
  24. arghh this is precisely why I hate bailiffs, they really will do and say anything to get money, I just wish more people knew their rights as it would save so many people from getting so stressed and upset by them
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