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  1. My husband has now paid the balance owing to the original creditor. From what I can tell, the creditor has only spent £75 in recruiting the HCEO. He has also written to the original creditor saying that the debt is paid in full and he would like acknowledgement that nothing else is owing to them. We will see what response we get. They have kept the money paid. The charges suggested by the HCEO are way above the amounts set out in the legislation (Taking Control of Good (Fees) Regulations 2014), does anyone know why this is? The amount originally owed was £700. The HCEO was then recruited. £40 was paid, the debt was then £660. The HCEO attended the property. The table says £190 for first enforcement stage. The HCEO is asking for over £1,000. The £660 has now been paid, so the debt is clear. What is likely to be outstanding and to whom?
  2. judgement for whole amount. They agreed he could pay in instalments as and when but they wanted regular amounts. He has not been able to pay regularly but has paid sporadically. They agreed not to add any interest to the CCJ debt. What I really want to know is if he pays the balance now, what, if anything will still be due? Will he have to pay the bailiffs costs? They seem awfully high and I have checked what they are allowed to charge and they seem to be adding about £1,000. Can we stop this by paying the original debt to the original solicitor rather than to these debt collectors? He has paid an amount since they sent these guys round and they (original solicitor) kept the money, so we expect they will accept the balance. Will the bailiffs have to go away then? I am not worried about the house or contents because that belongs to me and that can be proven, we would not let them in anyway but he has a car and there is no finance on it and from reading the legislation, it looks like they could clamp it and take it. We just don't want to have to play hide and seek with it, s o what are the chances they will get called off if we pay the original debt in full? Re revoking licence to enter the premises: I know that there is an implied licence to enter my property. This is what is regularly exercised by people coming to my front door in crossing my property to get there e.g. by the postman. I know that I am entitled to revoke said implied licence but must do this clearly and unequivocally. The person then on my land has to leave or be deemed a trespasser. There is case law where a police officer has been told to leave, thereby having his license to enter the property revoked and has failed to do so and has subsequently arrested the householder. The conviction that the householder then faced was quashed by the court because the officer was there unlawfully when he made the arrest. I have a sign in my porch window clearly displayed which reads "Please Note: Any implied licence to enter these premises is hereby revoked by the lawful occupier. Entering these premises without permission will constitute trespass." I have yet to test if this theory works and hope I never have to but I was once advised by a bailiff friend of mine that such notices do work and they should take notice of them. I know that after they have taken your goods, it is an uphill fight to prove that it was done unlawfully but I hope the notice may prove a deterrent if they think I am serious about enforcing it and trust me, I am. P.S. The law is my profession but I do not specialise in bailiffs! Hence my questions on here, I just want some advice from those who have such experience.
  3. The debt was a solicitors bill I didn't use anyone elses sign, I just said I was revoking the implied license to enter the premises.
  4. Can someone offer some advice please? My husband had a dispute with a solicitor and they got a CCJ. He should have defended the case but didn't and it was ages ago now so I believe he is stuck with it. He has been paying them sporadically as and when he can afford to and the debt is now down to £660. He received a letter from an enforcement agency a few weeks ago and ignored it, he just paid another instalment to the solicitor who had the CCJ and thought no more about it. Now we have had a notice put through the door from this bunch at Andrew Wilson & Co which says they have a Writ. We have not received any notification from the High Court about any Writ (although I don't know if they have to notify us) and the enforcement details on the note only mention the CCJ from the County Court as the enforcement details, not any High Court claim number. There is however a Writ number at the top of their note but I don't trust this to be anything other than their reference number, it is just a number, no letters in it as you see in county court claims. We have no intention of letting these people into the house, which is owned by me and not him in any event. We have revoked their license to enter the premises with a notice in our porch window, which they must have read when they visited today. My husband intention is to carry on paying the solicitor direct as and when he can until the original debt is paid (they waived the right to interest in a letter to him). What I want to know is what rights, if any these enforcement people have? Can they take his car if it is on the drive despite the licence to enter the premises being revoked? If we pay the solicitor in full will they have to go away or are we stuck with them now banging on the door every few days? They have added over £1,000 to the alleged debt that they are now demanding, is this legal? My instinct is to ignore them and make sure they can't get in but I need some guidance please. Thanks for such a good and interesting forum.
  5. I have had an account with Barclays for eons. I have nearly always had an overdraft facility on my current account. Barclays overloaded my account and took me over the overdraft limit when I repaid a bridging loan in 2007. The reason I went over the limit was due to their charges being levied onto my current account. I have questioned these as they were very high and far higher than I was expecting but I am assured by Barclays that they are right and a complaint to the Ombudsman has got me nowhere. I offered to pay up to date an overdraft on another account I held with them and to refrain from claiming back all my (no doubt overpaid) charges from the many years I have been with them, in return for them zeroing and closing this current account. I gave them 14 days to respond to my offer, they did not respond wihtin the timescales but when they did eventually reposnd, they refused. Meanwhile I had already paid up the other account, now they are pursuing me for the balance on the overdraft on the current account. I have complained to them and have had extensive correspondence with them where they deny that they can be bound by my offer letter even thought they did not respond in time. I used the premise that they imposed the overdraft charges on the other account by giving me 14 days to opt out or it would be binding and they say this is a legal contract, therefore it stands to reason that by their own rules I can make similar offers that they have to opt out of within a timefram or be bound by. It seems there is one rule for them and another for me, I am not surprised by this. I have now sent an SAR request and am still awaiting the documentation. They have offered to leave it at a branch of my chosing for collection. I have sent them the details of the branch that is convenient but have heard nothign more? Meanwhile they have defaulted my current account and placed this on my credit file. I am not sure they should be able to do this as the account is in dispute? A company called Credit Solutions Ltd are now pursuing the debt. I do not know if this is on behalf of Barclays or they now own the debt? I have sent CSL a CCA request. CSL have returned my £1 saying they need more information than the Bank Account Number and Sort Code, they are still within their 12+2 days. I want to write back to them with further details as I do not want them to be able to escape the CCA request by muddying the waters. Has anyone got an idea of the sort of letter I should write which makes it clear the clock is still ticking? I also want to write to Barclays or CSL and complain about the entry on my Credit File, any suggestions?
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