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Brenda1995

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About Brenda1995

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  1. £928.64 in total but not the sale fee. £75 compliance £190 stage one £13.87 1% fee £495 stage two £154.77 VAT
  2. They’ve charged for all the stages of enforcement they can (1&2)plus the compliance fee of £75. All without having any contact with me at all.
  3. The trace they used was the simplest E-trace and it came up with that address as I used it to get a new debit card delivered as the bank wont send cards internationally. I have a statement from a UK bank which shows my overseas address. Should I send a redacted copy of this to Andrew Wilson as evidence that I do not reside at the address on the writ and didn't at the time the writ was issued. Will this be sufficient to stop them knocking at the incorrect address ? They still haven't supplied a copy of the notice of enforcement or any documentation related to the visits they've allegedly made.
  4. Here's the reply from Andrew Wilson: Dear xxxx We write further to your email dated 6 April 2020. Please find attached a copy of the letter sent from the Claimant to your email address. They have confirmed that the required methods of service to obtain the Judgment in respect of this Claim were followed. Once a Judgment was awarded a further trace was then conducted confirming that you were residing at the enforcement address. Following our attendances at that property, you have made contact with the Claimant directly and they are now in receipt of your payment of £1,360.00. To date, there have been multiple attendances on this case and a large volume of work has been completed in an attempt to recover this debt. We note the contents of your email, but it would appear that you are refusing to provide payment of the outstanding balance. To bring about a conclusion of this matter however, we are prepared to reduce the enforcement fees by £594.00 if payment of £349.27 is made by Tuesday 14 April 2020. If payment is not made then this case will be re-assigned for further enforcement and the fees re-applied. Please note that the Judgment will also remain outstanding in your name which can have an effect on your credit rating. I will place this matter on Hold – awaiting your urgent response until this Friday. Kind Regards,
  5. The Plot thickens.. Here is the response from the creditor: I thank you for your email of 24 March and apologise for not being able to respond earlier. I also acknowledge receipt of the payment of £1,360 in respect of the judgment debt. Unfortunately I cannot accept this as full payment. The Sheriff confirmed to you in their email of 13 March 2020 the judgment debt now stands £2,128.14. After deduction of the above payment there is a shortfall of £943.27. I require immediatae payment of this shortfall to avoid any further enforcement action against you. In response to your email I set out the followiing chronology: 1. (Creditor)sent you a letter before action on 6 September 2018 to your email address 2. No response received so I requested a trace and xxxxxxxx came back in February 2019 as your address. 3. The letter before action was sent to you again at the above address on 18 February 2019. This was letter was not returned by the Post Office as undeliverable and is, therfore, deemed served. 4. No response was received from you so Court proceedings were issued at the above address. The proceedings were served by the Court. I was notified by the Court that the proceedings had been returned by the Post Office and deemed to be 'unserved' unless the address given was not the relevant address for the purpose of rule 6.18 CPR. I reviewed the matter and requested a further trace, which came back with the same address. Therefore, it was not necessary for me to take any further action to serve the proceedings as the address used was shown to be the correct one. 5.I requested judgment in default of your response and on 10 June 2019 I sent a copy of the judgment to the above email and postal address. This letter was not returned by the Post Office, so again is deemed served upon you. You did not respond to either communication. 6. On 8 January 2020 I considered enforcement steps. A further trace confirmed you were still living at the above address so I prepared a Writ of Control. Upon the Sheriff attending at the above address you have made contact and made a part payment. Taking the above into consideration I am confident the Court will conclude that you have received service of all of the documentation in respect of this claim. I was aware from receiving xxxxxxxx file that you worked out of the country. This is the reaons why I carried out traces to identify your address. I also sent correspondence to you via email. You have had opportunity to contact us to avoid the Court fees and costs which are incurred when enforcing a judgment debt, but have failed to do so. If you feel there are issues which should be considered by the Court in respect of the judgment obtained then I invite you to make an application to the Court setting out the same. Please provide me with a copy of the application when you submit it to the Court. Alternatively, I request payment of the balance of £943.27 within 14 days, failing which the Sheriff will be instructed to continue with the Writ.
  6. Sorry I’ve not been in this position before and now I’m really confused Peter. Am I liable for all the costs even for actions they have not taken ?
  7. So if I haven’t received the first notice saying I have seven days to pay can they just move onto to second action and charge me for it ? That’s my main point of contention. If I get them to follow the procedure and send my the 1st notification then I’ll Just pay the £70 and be done with it.
  8. I honestly don't know what I'm saying or how the process works, I just feel that emailing me isn't following the process. Adding the best part of 1k for sending an email seems excessive.
  9. It's just been paid and the follow up email to the solicitor has been sent, no reply as yet. I'll get that marked as satisfied as soon as the solicitor acknowledges receipt of payment. My plan is... that I now just ignore the agent and let it run 12 months as unsatisfied and then the original creditor has to re apply for another writ which I assume they won't do as the debt is paid.
  10. After receiving the copy of the writ. My issue is no enforcement notification was or has been given, Aren't they supposed to follow steps before accelerating charges ?
  11. Sorry, I left the UK 10 years ago the debt was within the statute barred period. I paid the bulk of a large bill off and must have overlooked the final payment.
  12. I was resident abroad at the time of the original CCJ and the subsequent transfer to a writ. It was legal costs for a messy divorce. The original solicitor says I owe it (I did)
  13. I received the copy of the original writ on the 13th March, It was a copy of the writ not the notice of enforcement. I've paid the original creditor as I owed them the money and don't dispute that, it was an oversight and their mails went to my spam folder. Paid it by bank transfer.
  14. Hi On the 10th March I received an email from Andrew Wilson advising me of a CCJ that had been transferred to a writ. The Judgement was by default as I left the UK 10 years ago and was addressed to my childhood home where my mum still resides. The sum includes charges for notification and enforcement, yet I was not resident at that address and have since sent them details of my last UK address and a copy of an (expired) residency permit overseas. The original email did not include notice of enforcement, on request they provided a copy of the writ of transfer. They have sent a bill including their charges but not the actual letter of enforcement. The original debt has been paid to the creditor and the costs and interest too and I still haven't been served the notice of enforcement following the correct format including the 7 days to pay etc. Where do I stand ? Does a notice served at the incorrect address count ?
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