wonkeydonkey
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Everything posted by wonkeydonkey
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The writ they are enforcing is only valid for a year from the date of issue.To enable HCE to continue with the handling of your account the creditor should renew that writ every year until such time as the debt is satisfied. It would be interesting to see when the writ was issued, were HCE recently acting on a current or renewed writ or were they acting without a writ?
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I am delighted to hear you have resolved this matter without having the extra costs of litigation (it is always better to go down the 'negotiating' route first. It is a shame it spoilt your holiday but at least you can sleep easy now. Well Done to you.
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Would I be right to think you have been paying on or before the original agreed due date and if you continued with that schedule this months payment is not yet due, yet they are saying they have changed the date and that has caused the alleged default? Did you agree to a change of date for payment? Have they refused your regular payment for October? Have you put your arguments to them in writing? (phone calls just don't cut it with these people and unless you record them they will deny receiving them) I noticed you have been advised elsewhere to apply for a stay of the writ and a variation order to the payments, You would need to submit your N244 to the nearest Court that acts as a district registry to the High Court, this best done in person when submitting you can ask for an urgent hearing, there is no guarantee a 'spare' Judge will be available to hear your application on the spot but you might get lucky. Once the Court have your n244 you should inform CES you have made the application, then confirm that to them by writing/email,It is only fair to warn you that until such time as he court hearing takes place all enforcement action can continue and your car can be removed should they be of the mind set to do so. If negotiating with CES does not resolve your problem please feel free to come back here and you will get all the help you need to take the Court route. Please do not engage the services of the other site it could end up costing you very, very dearly as many before you have found out. I say that without malice and give it freely as a warning.
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It would be better to take action to settle this amount before you go into the RN, the council in question could eventually trace you and put in place an attachment to earnings order which would not look good for you with the RN.
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post#1 Proof of purchase Proof of Purchase. If payment for the vehicle purchase had been made by bank transfer, this is ideal. If payment had been made by cash….this can be problematic. Most enforcement companies will request evidence by way of a bank statement showing cash being withdrawn a few days before the purchase. You will also be required to provide a copy of the sales receipt.
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I have just been reading over the above and I notice the compliance fee is listed as £235? That fee should read £75 then with a visit to post a letter through the door the enforcement fee would be £235, they cannot charge any more than £310 in total for the two actions at this stage. Equita are owned by Capita and they could be the back room boys at the authority concerned, which is why phone contact will fall on deaf ears so you need to initially complain to them in writing. If that doesn't get a result please come back here and the more knowledgeable folk will take you through to the next stage.
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Gosh, your post leads to a lot of questions in need of answers, Have you now paid in full? if yes, then that puts you in a good positon to take your time,go through the matter with a toothcomb and weigh up your options. Lets start with little steps and examine the basics. Were you aware of the ccj? Did you agree in whole or in part to the amount being claimed by the creditor? Did you defend the claim in court or was the Judgment made in default? Did the Judgment result in payment to be made forthwith? Did you attempt to seek a repayment proposal with the creditor? As an aside... It is such a rare thing for livestock to be taken into control or indeed be removed, there are many hoops the HCEO must jump through before that can be accomplished.
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http://www.ajenforce.co.uk/ is the website
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If you provided Income and Expenditure evidence to support £20 a month was the maximum amount affordable to you, it is most unusal for a Judge not to direct the claimant to accept that amount. However that said, you can make the same offer direct to the HCEO ( along with supporting evidence the sum offered is the only amount affordable to you ) and they can then put this to the creditor and advise it should be accepted. Sitting it out for 12 months is an option but, you must take on board the writ can be renewed every twelve months, enforcement can be continued and costs will continue to be added to the debt.
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I noticed in post #8 you have taken this matter to your local councillor and they have also hit a brick wall, I suggest you write again to the ceo of the council outlining what you have posted here, copy in the leader of the opposition and ask for a face to face meeting with both of them to try and resolve this matter.
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Well done MM. It has always been the case 'it is best to talk' to creditors and try to come to an agreement rather than take the ostrich approach. In this case 'sitting it out' appears to have worked and the fact the PCN was found to have been issued incorrectly certainly goes to show it can be worthwhile digging your heels in until someone starts listening.
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TY BA ..They say the older you get the wiser you get, well I now have 70 years of wisdom to call on, so perhaps instead of being referred to as an old fool I can now be seen as a wise old fool!!
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Well done I am really pleased for you
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That is correct, the only exception being if the goods are jointly owned in which case the goods can be taken into control.
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There are a few things that need to be clarified, at the time the cg was entered into was the car in question on finance (HP)? has your husband made a third party claim to the car? With regard to the tenancy, was the Landlord aware the premises were no longer being used by you and did h/she agree to the arrangement for someone else to take over the lease? Have you asked the LL for a copy of the rent arrears to show when from and to, you owed rent.
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It was the Ombudsman decisions that you have posted previously, made me post John Kruse's latest comments. While the LGO do deal with complaints to the best of their ability the process does tend to get bogged down, perhaps John has a point when he says an 'independent regulation of 'the bailiff industry' is long overdue'
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JoJo, Andy is spot on with his advice , calm down and see is you can find the ccj so we all know how the agrrment for you to pay £50 per month was reached. Whoever told you 'there is nothing more you can do' needs a good kick up the backside IMO, as there most certainly is more you can do, if you made the proposed amount of £50 per month by way of the N245 mentioned then the creditor MUST apply for a variation order if they intend to seek an increase in payment, you would be notified of their intention thereby allowing you the opportunity to defend such a variation. If however you made the agreement through HCE they would be entitled to expect regular I&E's in order for them to 'manage' the account and look to see if there are any changes in your financial circumstance that could suggest the payment be increased (or lowered ) that said, what they have failed to tell you is that YOU can also make an application via N245 to vary the order and get the payment reduced if your situation suggest it is putting you in hardship or set the £50 you are currently able to make in concrete.and any future proposed increses will then be back to them having to apply for variation.
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The article was sent to me via Linkedin and I copied and pasted it here for discussion, I do not have the 2011 article.
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Meant to post this on discussion thread, could a mod please move there, thank you.
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July7th 2016 Back in April 2011, I issued through Bailiff Studies Centre a discussion document (number three in the series) entitled "Do we need an enforcement services ombudsman?" The query was met with enthusiasm from some and wariness by others. Since then, of course, matters have moved on considerably. At the time of writing it still appeared likely that the Security Industry Authority would have some regulatory role in the sector and that the introduction of the reformed regime of bailiff law would lead to a considerable strengthening of the procedures for licencing and monitoring individual agents. None of that happened. The SIA dropped out of the picture and the rejigged certification process brought in to the Civil Procedure Rules in 2014 is very far from comprehensive or robust. We were promised thorough training for county court district judges; there is little evidence of this. A recent issue of Bailiff Studies Bulletin highlighted some of the problems with the qualifications upon which certificates are issued and there is, of course, no regulation of agencies, only individual agents- a bizarre result in the early 21st century. We still lack any sector overview and any industry wide maintenance of standards or best practice. It seems to me that there is still a very strong argument for some for of regulator (the commercial body Ombudsman Services were interested in the function five years ago). I would propose, too, that this regulation is not limited to enforcement agents and agencies. I suggest that there would be a useful function for all parties (not just debtors) for those offering advice on bailiff law also to be regulated. With the proliferation of web based advice and consumer forums, I believe that there may be a role in setting and maintaining standards wherever consumers are asked to pay for advice on dealing with debt enforcement. John Kruse debt & money trainer & consultant, author
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At Last!!!!!! they have come to realise you can't get blood out of stone and it is costing them money trying to.. Imo, all councils need to ignite that spark of common sense
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This 'letter' suggests the debt is a civil action and as such, it is difficult to comment without knowing the background.
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Claire (Louise) Sandbrook HCEO ( former Director of Sherforce Ltd) rents herself out to(among others) dcbl aka Direct Collction Bailffs Ltd as HCEO. She now resides in the USA but remains an appointed HCEO here in the UK http://www.dcbltd.com/about_us/
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Shergroup
wonkeydonkey replied to wonkeydonkey's topic in Bailiffs and Enforcement Industry - General discussions
If not, they need to amend their website since it states"The Board of Directors at DCBL which includes an authorised High Court Enforcement Officer" -
According to the 'Guru' he would have us all believe he came to the case 'late' and therefore played little part in the preparation of it!!
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