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Bailiff Advice

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Everything posted by Bailiff Advice

  1. Thank you for your earlier responses to my questions. I have further queries on the N244 applications, but in the meantime, can you elaborate further on the actual seizure of the car. You mention that you had a call from the person who purchased your car asking whether you can 'sell the car keys'' and that the 'boot was empty' and that construction tools and personal belongings appeared to be missing. I am assuming that the car was seized BEFORE you filed Out of Time witness statements (and N244 Applications). Is this the case? Clearly, at some stage you SOLD the vehicle. I am confused at this because the title of this thread is : Bailiffs sold MY car while N244 processed by TEC. When the car removed to the pound was it still owned by you? If so, when was this? When did you sell the car? How much was the sale price? Did you advise DVLA of the sale? When was the car sold by the bailiff company? Do you have any idea how much it was sold for?
  2. I am very confused by some of what you have said above but hopefully things will become clearer if you could answer the following: You mention that penalties had been issued by Transport for London. How many penalties were issued? How many Out of Time Statutory Declarations did you submit? I am assuming that they were all initially rejected? Did you submit all of the N244 Applications at the same time? Was each N244 Application sent to the Traffic Enforcement Centre individually (in other words, if they were sent by email, was EACH application sent individually)? If so, did you receive an automated email from the Traffic Enforcement Centre for each application? Did you have to pay a fee to file the N244's or were you exempt from paying? How much did you pay? Did you request that the N244 Applications were to be decided with or without a personal hearing?
  3. In that case, you may wish to revise my suggested email to say something like this: Dear Sirs. Reference number: xxxx Creditor: xxxx I am writing with regards to the above account. As you will be aware from previous emails over the past 2 weeks, I am unable to make payment of this debt at this present time. Neither my husband or I are currently working and we are relying entirely on Universal Credit. Faced with the difficulty is making payment, I have applied to the County Court by way of an N245 Application to vary the judgement so that it can be repaid by way of affordable monthly payments. With delays to the Court system, my application is waiting to be processed. I am anxious to get a payment arrangement in place as soon as possible and would be grateful if you could advise the creditor that I am willing to make an arrangement with your company to pay £100 immediately followed by monthly payments of £30. We would be looking to increase the monthly payments to £100 per month as soon as my husband is back working. Could you also please confirm safe receipt of this correspondence. Kind regards Mr Joe Blogs. PS: In the email subject box, I would suggest that you put the words: URGENT...PAYMENT PROPOSAL....Reference number: xxxxx
  4. Whilst the offer is a reasonable one, without you knowing when your husband would be back working, it is not realistic. I would just let the company know that an N245 Application has been made and leave it at that.
  5. I would be shocked if the enforcement company would accept such a repayment. It may be worth your while to send a further email. Something along the following lines should suffice but please don't worry if you do not receive a response for a while. Dear Sirs. Reference number: xxxx Creditor: xxxx I am writing with regards to the above account. As you will be aware from previous emails over the past 2 weeks, I am unable to make payment of this debt at this present time. Neither my husband or I are currently working and we are relying entirely on Universal Credit. Faced with the difficulty is making payment, I have applied to the County Court by way of an N245 Application to vary the judgement so that it can be repaid by way of affordable monthly payments. I would be grateful if you would update your records and the creditor with this information. Could you also please confirm safe receipt of this correspondence. Kind regards Mr Joe Blogs. PS: In the email subject box, I would suggest that you put the words: URGENT...Reference number: xxxxx
  6. With forums you have to remember that all of us are giving our time to helping posters on here and importantly, each poster may have a different view. There is nothing wrong with that at all. As you have already submitted an N245 Application to the court, I would personally not have also tried making a payment arrangement with Andrew Wilson & Co. I really don't want to read back on all the posts on this thread so can you tell me what amount have you offered as repayment on your N245?
  7. And yes, in USUAL circumstances, with judgments being enforced by High Court Enforcement Agents, a payment arrangement would only be possible if a PERSONAL VISIT is made to the debtors premises. This visit would incur a Stage 1 fee. However, with the COVID-19 pandemic, ALL enforcement companies have to CEASE personal visits. The only exception being where the premises are business premises (which yours is not).
  8. As I have consistently been telling you for DAYS. How many more times do you need to be told !! What you really should be doing is to spend less time on this thread.....and more time calling the court to make enquiries as to how you can make payment for your N245 Application (to vary the court order). Once you have spoken to them, by all means come back to the forum to update us all, but PLEASE, stop asking 'what if' questions regarding 'enforcement visits'.
  9. DX, I have to be really honest here and say that I am shocked to read your allegation. For any High Court Enforcement company to seek to obtain money WITHOUT a Writ of Control being issued would be highly illegal. And yet, you have made this allegation without any proof at all. This entire thread has been somewhat of a farce from beginning to end and we are now on page 6.
  10. The 'rules' have been only mildly eased and ONCE AGAIN, please can I reassure you that 'enforcement visits' have CEASED....and will be some time yet before they can re-commence. In relation to your question as to whether you would be sent another 'notice' (before a visit would be made), I don't have the answer at this present time but hope to shortly.
  11. Once again, can I please REASSURE you that enforcement visits have CEASED. Whilst it is a nuisance, I am not concerned by the email and I would urge you to follow suit. The only exception to an 'enforcement visit' is where the writ of control is against a COMMERCIAL property.
  12. Courts are not working to the usual timetable in order to safeguard their staff and comply with social distancing. As enforcement visits are currently ceased, there should be no need for you to be concerned with the delay to your N245 application.
  13. No they won't so PLEASE stop panicking. Presently, regardless of whether the debt is being enforced by a High Court Enforcement Officer or a bailiff, enforcement visits to debtors homes has ceased. This is entirely due to the COVID-19 pandemic. Accordingly, no additional charges may be added. For the avoidance of doubt, .....enforcement companies are still working and statutory notices are continuing to be sent out and payment arrangements can be set up.
  14. The following is not intended to worry you, but instead, to provide advice to the many people who view this forum seeking help. There have been various 'rumours' posted on the net claiming that bailiffs have been instructed by councils not to enforce debts at this present time given the 'virus' outbreak. This is clearly NOT the case. This position will no doubt change over the coming days. If your son has a vehicle, then it would be wise to make sure that it is not parked on his driveway.
  15. You would need to get an appointment for what is called a Section 14 Statutory Declaration. This would be on the basis that you did not receive the initial summons (as you had moved address). Before doing so, you would need to find details of the conviction date, court that convicted you and any reference number. Once you have the information, you would need to contact your LOCAL Magistrates Court to apply for an appointment date. During the call, the operator will take the conviction and other personal information from you. In some cases, you will be given an appointment over the phone but usually, you will receive a call back within 24 hours with appointment time etc. Any questions, please post back. PS: Please make sure that you now update both your driving licence and V5C (Log Book) PS: The court should notify Marston's of your pending application.
  16. Unless a motorist does not have access to the internet, it is ALWAYS the case that Out of Time Witness Statement forms (TE7 and TE9) should be EMAILED to the Traffic Enforcement Centre. If emailed by 4pm on any weekday, the application forms will be PROCESSED that same day and bailiff enforcement will ALWAYS be placed 'on hold' by mid morning the following weekday. In your case, if you had emailed the forms by 4pm on Tuesday, bailiff enforcement would have been 'on hold' Wednesday morning. Given the delay that has occurred by you POSTING the forms, enforcement would have been placed 'on hold' sometime on Thursday afternoon. PS: The hold will remain in place for approx 4 weeks whilst the local authority (and not the Traffic Enforcement Centre) make a decision as to whether or not they are willing to give permission to you filing the Witness Statement LATE (out of time).
  17. When exactly where the forms sent to the Traffic Enforcement Centre. Date AND time are important. Lastly, how were they sent? By email or by post?
  18. Thank you so much for the detailed reply. I am truly dismayed at what you have experienced and I would urge you to keep the forum updated. I agree that the fault certainly appears to be that of Scottish Power. It is really important that you keep a 'paper trail' so I would encourage you to write to the company. By all means, call them today and ask for the contact details of the relevant department.
  19. You have received good advice from other posters so please do issue a formal complaint. You mention that your bedroom is located downstairs. I am curious as to how it could have been that you did not hear somebody either knocking at the door or using a locksmith to force entry? Did the locksmith repair the lock?
  20. You have mentioned that YOU received a letter from Marston's and further in your post you then state that the letter was sent to your ex partner. Can you explain more clearly? Also, just to be clear, was the letter addressed to you...or your ex partner? Lastly, do you still have the vehicle involved in the alleged contravention?
  21. The warrant itself permits a bailiff the right to use force to enter a property in the case ONLY of a Magistrates Court fine (which this debt was). The court do not have to give prior permission.
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