Hi, I have really screwed up.. Did not take this very serious. Received a claim from PRA group, so put in a defence within 14 days than within 28 days. Than received a DQ file and just waited to hear back from the courts but did not hear anything until yesterday with a issue of notice of warrant of control by post. So logged online and saw the claim stats (see below) Is there anything I can do? can I still defence ccj? claim stats below A claim was issued against you on 06/07/2015 Your acknowledgment of service was submitted on 20/07/2015 at 09:12:06 Your acknowledgment of service was received on 20/07/2015 at 12:00:39 Your defence was submitted on 05/08/2015 at 12:30:02 Your defence was received on 05/08/2015 at 14:00:49 DQ filed by claimant on 14/09/2015 General sanctions order was made on 17/09/2015 Your defence was rejected on 07/10/2015 Defence was struck out on 07/10/2015 A judgment was issued against you on 19/10/2015 A warrant ????? was issued against you on 06/11/2015 at 19:24:08 Would really appreciate any help... Thanks Neil

Afternoon everyone I'm after some advice please. Today we have received a warrant of control from our local court (dated 6th but post marked 9th October) saying we have until Monday 19th October to pay an amount of £252.25 (balance after payment £8960.58). It says the creditor is Cabot Financial and can only assume this is the debt collection agency rather than the financial institute that we would originally have had an account with. Can any of you lovely people suggest what I can do with this. As it is due Monday was thinking of paying the £252 which would give us some time to try and find out who this is and see what we can do to either get it set aside (in our dreams) or more likely try and make an agreement for a payment plan. I have recently completed cancer treatment and will agree I wasn't at my most organised during the last 12 months but to stop any further worry need to get this issue resolved as soon as I can. Any advice and suggestions will be gratefully received

In April 2014, significant changes were made to the way in which bailiffs can enforce debts. Most importantly, the fees that can be charged are fixed and transparent. The following page is an overview of the new regulations. Terminology The Taking Control of Goods Regulations 2013 modernise terminology. The terms levy, distress or distrain are now known as the process of ‘taking control of goods’. A walking possession agreement is now called a Controlled Goods Agreement and bailiffs are now known as enforcement agents (although they can still be referred to as bailiffs). Warrants of execution (in particular for road traffic debts) and warrants of distress (for Magistrate Court fines) have been renamed warrants of control. With debts enforced via the High Court, the centuries old term of a writ of fieri facias (writ of fi fa) has been renamed a writ of control. Enforcement Agent Fees The Taking Control of Goods (Fees) Regulations 2014 also came into effect in April 2014 and with the exception of ‘writs of control’ (enforced via the High Court), the following fees apply to all debt types (council tax and non domestic rate arrears, local authority issued penalty charge notices, magistrate court fines, child support agency arrears and rent arrears). Compliance Stage Fee: £75 Upon receipt of an instruction from the client, the enforcement company must send a Notice of Enforcement to the debtor. The notice must provide the date of the notice and the date and time by which full payment or a payment arrangement must be set up. This strict period of time is referred to as the ‘compliance stage' and must by law provide a minimum period of seven ‘clear days’ before an enforcement agent may visit the property. The compliance fee of £75 is payable for each Liability Order or Warrant of Control. Enforcement Stage fee: £235.00 (plus 7.5% of the value of the debt that exceeds £1,500.00). If full payment or a payment arrangement is not made during the Compliance Stage (or a previous payment arrangement is broken), the case will progress to the ‘enforcement stage’ and an individual enforcement agent/bailiff will attend the property for the purpose of ‘taking control' of goods. This fee becomes payable at the time of attendance. If the enforcement agent is enforcing more than one Liability Order or Warrant of Control against the same person, he may only charge one enforcement fee (of £235). He cannot apply ‘multiple’ charges. Sale stage Fee: £110.00 (plus 7.5% of the value of the debt that exceeds £1,500.00). This fee shall be charged when an Enforcement Agent attends the premises to remove goods and makes preparations for the sale of goods. It is important to note that additional charges may also be applied relating to the removal. These include storage and locksmith’s fees. Forms and Documentation The new regulations provide a series of statutory forms that must be used by the enforcement agent. Full details of all forms and the information that must be provided on them can be viewed here. Making a payment proposal The legislation provides a strict period in which to make payment or to negotiate a payment arrangement without the need for a bailiff attendance. This is referred to as the ‘Compliance Stage’ and begins with receipt of the Notice of Enforcement. If full payment cannot be made within the strict time period outlined in the notice, (a minimum of seven ‘clear days’) then it is vitally important to contact the enforcement company to make a payment arrangement. Most companies will readily agree to accept an arrangement over a period of 3 months (and possibly even 6 months) depending on the individual circumstances. Providing the enforcement company with a simple Income and Expenditure calculation at this stage may be of assistance. Failure to make payment (or to agree a payment arrangement) during the compliance stage will lead to a bailiff making a personal visit to ‘take control’ of goods. This visit will incur an enforcement fee of £235 as outlined above. Vulnerable debtors Far better protection is given to vulnerable debtors under the regulations. One example being that a vehicle displaying a disabled badge is now exempt from being taken by a bailiff. Secondly, and most importantly, Regulation 12 of the Taking Control of Goods (Fees) Regulations 2014 makes provision to protect vulnerable debtors who may have been unable in the early stages to seek advice (from the local authority, magistrates court, debt counsellor/debt charity etc) about the debt. If a bailiff makes a personal visit (which incurs an enforcement fee of £235) and identifies a debtor as ‘vulnerable’, then Regulation 12 provides that he should give the person a chance to seek advice prior to removal of goods. If he fails to do so, the enforcement fee of £235 is not recoverable. An enforcement agent will not know in advance whether a person is ‘vulnerable’. It is therefore vitally important to make the enforcement company aware of any ‘vulnerability’ at the earliest possible stage (during the compliance stage) and where possible, to provide some form of documentary evidence. Times of day when a Bailiff/ Enforcement Agent may visit The enforcement agent/bailiff is allowed to visit the property seven days a week (including Sunday) between 6.00 a.m. and 9.00 p.m. He is not allowed to visit on Bank Holidays and Christmas Day Items that are exempt from being taken by a bailiff As outlined above, if full payment or a payment arrangement is not set up during the ‘compliance stage’, the account will progress to the ‘enforcement stage’ and a personal visit will be made to ‘take control’ of goods (hence the name of the regulations). In reality, the enforcement agent will be seeking full payment of the debt. If this is not possible, then he may ‘take control’ of none exempt goods. The regulations provide a list of exempt items that cannot be taken into control by the bailiff. The following are the most important: Items or equipment (for example, tools, books, telephones, computer equipment and vehicles) which are necessary for use personally by the debtor in the debtor’s employment, business, trade, profession, study or education, except that in any case the aggregate value of the items or equipment to which this exemption is applied shall not exceed £1,350; Clothes, beds, bedding, furniture, household equipment, items and provisions as are reasonably required to satisfy the basic domestic needs of the debtor and every member of the debtor’s household. Cooker or microwave, fridge, washing machine, dining table and dining chairs to seat the debtor and every member of the debtor’s household. Land line telephone, or a mobile phone. Domestic pets and guide dogs. A full list of items that are exempt from being taken into control by a bailiff can be viewed here. NOTE: Motor vehicles are the most common item to be taken by bailiffs. A separate post is provided below on this subject.

http://www.bbc.co.uk/news/uk-england-london-34404651

Hi All As the RK of the vehicle in question I've received the attached VTS PCN. I'd be grateful for any advice on a response. Specific questions are :- 1. There is no mention of POPLA 2. The second to last paragraph seems to say that in the event of the RK not paying up or naming the driver they may pursue the RK based on an assumption that the RK was the driver. 3. On the back, their appeals seem to go through something called the IAS (Independant Appeals Service). They seem to be members of the IPC (Independent Parking Commitee). Both these organisations appear to share the same address in Knutsford as a firm called Gladstones Solicitors? 4. The last part at the bottom of the back, Notification of Driver/Hirer/Keeper has three tick boxes but none to confirm just the RK. To tick the first box suggests the signatory was not the driver. 5. Finally, there is no note of any financial loss. How would I ask this specific question in any response. Thanks for any help. Hammy

Hello Any advice will be gratefully received..... I have received a debt recovery letter on behalf of Vehicle control services for parking fine from 8/10/2013. Nearly two years ago......I can't remember where I parked or what the situation was all the way back then. It is for £160 and letter says if I don't pay up, I risk them sending my file to a creditor with recommendation of court action?....Is this legal? Do I have to pay?

Hi, I was wondering if some people can give me some help on a parking fine from NPC. It States. THE DRIVER IS REQUIRED TO PAY THE CONTRACTUAL PARKING CHARGE OF £100 WITHIN 28DAYS OF THE DATE OF THIS NOTICE. THE CHARGE WILL BE REDUCED TO £60 IF PAYMENT IS RECEIVED BY 17-05-2015 We do not know then name and current address of the driver. Under the protection of freedom act 2012, schedule 4, you are now required to do one of the following by no later then the last day of the 28days beginning with day after date on witch this notice to keeper is issued. pay the outstanding amount if you were the driver of the vehicle, or provide us with the full name of the driver and current address where a notice can be served ( you are also provided to pass the notice to the driver ) Or make representation against/challenge of the contractual parking charge notice. If at the end of the period of 28days, beginning with the day after the date of witch this notice to keeper is issued you have not complied with the above, then you ( as registered keeper of the vehicle ) will become liable for the charge and we will have the right to take recovery action against you. This was in a leisure centre car park and I had just ran over the time on the parking ticket. I know they use there own staff to patrol the car park as the fine ticket was a piece of A4 paper saying CONGRATULATIONS YOU HAVE A £100 FINE place under my windscreen wipers. Not very professional at all. Should I respond or Ignore these letters? I can see by other threads these are a bunch of no gooders. Any help would be very much appreciated Shaun Shaun

Hello all, I really hope you can help me with how to handle this claim against me. It is regarding a Vanquis agreement from 19 May 2010. To cut a long story short, I was suffering from a gambling addiction and took out lots of payday loans and credit I could not afford. I have paid various debts back but could not afford all. I ended up with 5 defaults against me. With my credit file ruined, I kind of just buried my head in the sand, thinking I would have to wait a good 6 years to get back on track. I have lived in 5 addresses in the past 6 years. Without my knowledge, from nowhere, a County Court Claim form went to my old address (which belongs to my parent's). They do not open my post, and nothing important ever goes there. However, I dropped in last week and a claim had been sent. I could not contest it or even acknowledge it - I had missed the deadline by literally 2 days! When I logged in online, it said a CCJ was issued against me On Friday just gone, a further letter was received at my parents address - a NOTICE OF ISSUE OF WARRANT OF CONTROL It says on this letter that 'Unless you pay the amount due before 25 August 2015 the bailiff will call and may remove goods for sale at public auction' My elderly mother has opened this and is deeply scared. I have tried to do lots of research but do not know what my best option is. They are claiming £970.58 but I simply do not have this money or anyone to borrow that amount from. The original limit was £500 so I do not know why it is so high. I would have liked to have filed a defence, asking for proof of the debt etc as many people are succesful claiming against Cabot with Vanquis debt. I considered asking for it to be set aside, but I fear this will be declined? I did not update creditors with my various addresses. I have moved a number of times since then. If I ask for it to be set aside I fear wasting the £155 which I can ill afford. Or I could file an N245 to ask for a repayment plan? Is this still possible despite the Warrant being issued? I am really in a state of panic - my mum is in tears thinking the bailiffs will visit this week and take MY PARENTS goods to pay this old debt. I really hope someone can help... Thank you so much in advance

I bought a used car for £7000 with climate control which appeared to work on the test drive, but it was a cold day. Now I went to use it and it is only blowing warm air so the car is uncomfortably warm. The car was advertised as having climate control and air conditioning, being well maintained and with 6 months warranty. They have stated they only cover major engine and gearbox faults under warranty. They are a decent sized garage with about 50 - 60 cars for sale ranging from £1500 - £30,000. I've had the car a week and I'm otherwise happy with it. But if I had realized the climate control didn't work properly I would have offered less or bought elsewhere. What rights do I have to get them to fix it or pay for a diagnosis and repair? I accept I should have realized it wasn't working but then again so should they and they shouldn't have advertised it with Climate control if it doesn't work!

Good evening, I'm new to this site. My other half got the PCN for the alleged breach of terms and cons of use of the privately operated access roads at robin hood airport, approach roads. The reason is stopping on roads where stopping is prohibited. The OH says there were no signs or road markings and the bit where he was parked is a small slip road off a roundabout that didn't lead anywhere. It's not a car park, and I'm unsure what they're referring to as 'controlled area'. As I wasn't in the car I'm not 100% about the signs, etc. Is there a point to waste time and appeal, as I won't be driving all they way to robin hood airport just to check if the signs are there. Any information and help will be much appreciated. I'm aware the PCN can be enforced if it ends up in county court. I don't have the time and the money to allow it to go that far

Today I got a letter off Control Account PLC demanding that I pay £26.18 for VAT and Import taxes. I do rember getting a letter off Fed Ex asking for VAT & Import tax a while ago but check eBay and ali express and there was nothing that I had ordered recently (6 months) from outside the EU and I cant even recall ANYTHING being delivered by Fed Ex. I wouldn't mind paying but generally don't they ask for the money BEFORE they hand over the goods and I REALLY cant find anything in my purchase history that matches this, it says not to contact FedEx so I cant even establish dates etc. Any advice would be gratefully received Thanks

Hi guys, Im hoping someone will be able to help me , 2 issues really, first one is he has no idea what its for and secondly its in the wrong name These are the details One of my friends has received a notice of issue of warrant of control with a total of £172.25 to pay with a further £230 balance outstanding , The notice was issued in in the county court business centre and the creditor is lowells Does that mean its a business debt they are chasing or a personal debt ? he has never had a business and doesnt have any personal debt that hes aware of The is genuinely the first he has heard of any debt, and he doesnt know of any ccj"s , However as well as those issues which he will now have to get to the bottom of, they have used his middle name instead of his first name on the warrant of control , which is very odd, cause surely if there was an old debt he has forgotton about , surely it would be in his original birth name as thats still his official name, He is known to his friends under his middle name as he prefers that name , but on all his official documents ie his passport.licence , bank account etc hes known as his birth name Hes really worried the bailiffs will call and take his belongings before he can get to the bottom of this He doesnt have funds to pay for a set aside, Does he have to fill in form N245 and apply for feee exemption or does he just call lowells and question what its all about and why the name is wrong etc Any help much appreciated

Hi All, I received a PCN from euro car parks dated the 23/3/15. I ignored this as I was told this was the correct thing to do. Since, I have received correspondence from control account plc namely the last two were dated 29th May and 15th June respectively. The latter - "act now this wont go away" claims the legal department is now assessing my file with a view to commencing litigation blah blah blah... I was given 14 days to respond but I still haven't done so - mostly through ignorance and workload. I've read that control account plc can't really do much as its upto euro car parks to commence litigation and nor are they debt collectors... - am i right to still ignore this? I only today have had a missed call and a voicemail from control account to my mobile saying call us to pay etc.. (how have they even got my mobile number) The parking event was in a morrisons car park in england. Dan

Very silly situation. Years ago had a good business, took out a loan to help grow, but down the line a big client failed to pay and the business suffered and closed. The loan - unfortunately - was secured against property. And even more unfortunately the interest rate was super high - almost 8% above base. To cut to the chase - 7 years have passed and I paid hardly anything - because I was simply surviving not earning enough to pay a huge monthly amount. Barclays never sent any statements. The original amount has just grown and grown. And Barclays haven't recalled the debt as it is secured against the property. I now find myself in a situation where the original debt has increased by 50%. I am not working. The property concerned is a semi-rental but the rentals only just about cover the mortgage - there is nothing much spare. I would like to clear this ever increasing debt. It was huge 7 years ago; it is humungous now. I just don't know how to go about beginning to discuss the situation with them. I have tried. They initially said they would be open to some kind of settlement, but not below where it stood 12 months ago. I was kind of wanting to re-finance with someone else at a better rate. With rates at .5% I was thinking that may be possible. But to even agree to any kind of debt clearance they want financial statements filled in etc And I don't even want to go down that route as my mortgage is with Barclays (Wlwich) too. And I don't want them to get nervous about the property security... In preliminary discussions they said they would want to discuss the mortgage with W.... especially if there was a problem paying the mortgage I am considering re-mortgaging with a different lender to clear both debts - so really don't want any negative vibes from Barclays or W. I probably sound very vague, but am always unsure if Barc reads these forums so I don't want to say too much in case.... Any advice on how to deal with this. I am so stressed by it.

I was served by my local court a warrant of issue of contriol for a debt of £1507 owed to Lowell their solicitors being Brian Carter . I was issued a ccj some time ago saying they wanted £50 a month which I couldn't afford . Stupidly I paid nothing . The letter says I have to pay £175 by the 25th of the month to my local court . Will I contact Brian Carter regarding the remaining balance ? Not really wanting the bailiffs to turn up . I know I have dug my head in the sand and it's given me a wake up call ! Any advice would be greatly appreciated .

I received a parcel from my family in Malaysia via Fedex at January 2015. Few days later, an invoice came to me charging 46pounds as the income tax. I decided to ignore it as the parcel is a gift but not a things that I bought. After 4 months, I received a letter from Control Account saying that it's acting in behalf of fedxe to collect the debt that I owed to Fedex. They sent me 3 letters in total, and the last letter was written with the title "Letter Before Claims". I'm worrying about it and should I continue ignore it? I'm going back to Malaysia in 1 month time so I just wonder will there be any consequence if I keep ignoring these letters? Is that possible that Control Account send me to court? I had uploaded the letter. Thanks.

Luckily enough I never answer a call to my mobile especially if I dont recognise the number and if I'm in work so let it ring off, then came the notification to tell me I have a Voice message from Control Account regarding parking and to call them....they got no chance!! or Should I call back to talk things through. I have looked through the thread and mainly it helps with dealing with letters and yet to find one concerning phone calls.

Hi Guys. Sorry if this has already been addressed but I am just looking for some advice. I purchased some items from Usa before Christmas and they were delivered via Fedex and they covered the customs and duty charge. The problem is they didnt tell me or inform me they had covered it so I didnt know I owed them money. I got a letter from Control Accounts Plc yesterday stating that my debt has be passed onto them via Fedex because despite previous letters I have refused to pay my customs and duty charge. The thing is I never received any letters from Fedex regarding these charges. The original charge was £20 and they are now trying to charge me £61 as Fedex have added on a late payment fee. I contacted CAP today and told them that I am happy to pay the £20 that I owe because that it a customs and duty charge however I will not be paying the latepayment fee as I never received any warnings or letters from Fedex. The lady on the phone was less than helpful and extremly rude saying that it was my word against theirs that I never received a letter as it was sent in November and they would be charging me the £40 no matter what. I explained I would pay the £20 and she said pay it but we will still be coming after you for the £40. They dont have my name only my Business name. What should I do? Should I pay the additional £40 or leave it and let them chase me. I know its only a small amount of money but its the principle. They have threatened the usual in the letter that it may lead to a Claim being issued in the County Court. Any advice would be appriciated D x

I bought a Ford Focus from Arnold Clark. On the website it said it had cruise control and speed limiter fitted. When I took it a quick test drive I said to the salesman "it does have cruise control doesn't it?" And he said yes. When I drove the car home I couldn't find the cruise control so checked the manual and phoned the salesman to tell him. I had to take the car back the next day for him to check and he confirmed it didn't. I asked for it to be fitted with a new steering wheel with the cruise control buttons. Salesman called a non Arnold Clark ford dealer to check but ford can not do this without voiding the warranty. I called a ford dealer myself and was told the same. Can anyone give me advice on what options I have? Cruise control was one of the main reasons I chose this one. I've to go back tomorrow to speak to the manager as he was off work when I went back before. The car is 1 year old. Any advice would be appreciated.

I needed to deliver some goods to a shop. The person who owns the franchise said I could park in the private car park behind. I was given a ticket. The person contacted her landlord's agent who suggested an appeal. My memory from some years back from CAG was to ignore the ticket (which was successful) as a speculative invoice I see some advice on here has changed. My car was not blocking anyone else in the car park or stopping anyone from going in to it. What is the current best advice please?

http://www.bbc.co.uk/news/uk-england-manchester-31615218

When a car is clamped and control of the goods has been effected. Who owns or is responsible for the vehicle? I have just had my car clamped for non payment of a parking ticket. My fault I know. The car is worth much less than the amount I owe, and I don't mind them taking it. It is now on a public highway. If I can't use the car, and they don't at this stage seem interested in taking it to auction. Why should I keep it insured?

The new bailiff regulations came into effect on 6th April and bailiff fees are strictly controlled and comprise of a Compliance Fee of £75 which is charged when the debt is passed by the creditor. If payment is not made or a payment agreement entered into during the ‘compliance stage’ a bailiff may attend the debtors premises and an Enforcement Fee of £235 is chargeable. Significantly, the new regulations provide that from any payment made (whether to the bailiff, the magistrate court or the local authority) the Compliance Fee of £75 is deducted first with the balance being split on a ‘pro rata’ basis between the debt to the creditor and bailiff fees. This novel approach means that unless the amount due (including bailiff fees) is paid in full, bailiff enforcement may continue and it is this point alone that has caused extreme difficulty to some ‘debt avoidance’ websites with associations to the Freeman on the Land (FmoTL) movement and 9 months after the regulations came into effect it is astonishing that debtors are continuing to be advised by such websites to avoid paying bailiff fees by paying the amount of the Liability Order or court fine only (minus bailiff fees). Despite the regulations clearly outlining how payments are to be calculated, in May/June an individual made numerous Freedom of Information requests to Local Authorities seeking clarification as to how they deal with direct payments made to them after accounts have been passed to bailiffs. Since that time many more FOI requests have been made on the same subject and the up to date position is that approx a quarter of all local authorities have received requests on the same subject. What has been the outcome of these Freedom of Information request? Typically, in the very early stages (May and June) most responses made clear that the local authorities had very little idea as to how the new regulations would work in practice but, since August/September the vast majority of responses confirm that they apportion the payment as outlined in the legislation and that they advise the bailiff company accordingly (or credit the bailiff company) with the payment. PS: It is likely that there are far more FOI requests than outlined here. I have only referred to those that are available to view publicly on the FOI website: What do They Know.

I think this is relevant because this part of the forum is to do with benefits advice. I think the admin team responsible for monitoring these threads should be impartial, and not allowed to act like a blue collar gang, closing threads and then allowing admin staff to continue to post, after the creator has been banished from his own thread. They seem to want to put their opinions across and stifle and repress all opposition to it. This is the behavior of school children, and not a consumer actions group it is often the case that no attempt is made to answer the thread authors questions. instead they gang up to demean the post and post snotty school boy remarks. please look at my other thread in the homeless section

A subject that we receive a huge number of enquiries about concerns a credit card (or debit card) 'chargeback' and whether bailiff enforcement may recommence. A year ago I started a thread on this subject which has received 6,000 views and given the new legislation (that came into effect on 6th April) it would be wise to update the information with a new thread. Again, from the enquiries that we receive, a lot of people are encouraged to make a 'chargeback' request following information on various websites. The following is taken from one particular FMoTL website: As can be seen the debtor is specifically told that when completing the 'chargeback' form they must NEVER mention the word 'bailiff' on the form and instead, should state the following: "The merchant forced me to make over my card details by placing me under undue pressure exerted upon me to coerce me to perform an act that I ordinarily would not perform and this constitutes a misrepresentation to obtain a money transfer. I asked the merchant to refund the money who refused to do so and is in breach of contract and remains indebted to me". Debtors are also informed that: "It strengthens your application considerably if you support it with a sworn statement proving the card transaction was made under duress. This increases the chances of getting a rapid charge back to a near certainty" It would seem that debtors are being informed that if the credit card company reverse the payment that bailiffs cannot enforce the debt given that 'apparently' the 'enforcement power has ceased' and that there is "nothing in the regulations that provides for bailiffs to revive it". The supposed case law being paragraph 58 of Schedule of the Tribunals, Courts and Enforcement Act 2007 and paragraph 31 of the Guidance in the Taking Control of Goods, National Standards 2014. So....is the above advice correct? NO...it is not.