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  1. Hello everyone at the CAG forum, this is my first post here. I'm hoping to get some advice with Marston / Collectica after a bailiff visit today. I wasn't home but they left a hand delivered Final Notice. Let me give some more information; I have a Further Steps Notice from London Collection and Compliance Centre dated 18th November, amount owed £580. I did not open and read this letter until yesterday. Around two weeks ago I received a Notice of Enforcement Distress Warrant from Her Majesty's Courts & Tribunals Service, it stated the debt was £580 but now £660. I did open and read this letter, I thought it was due to a recent CCJ from an unsecured Vanquis debt from over 3 years ago. Based on this thought, I believed this was just a normal scare tactic letter taken to the next level (bearing in mind at this point in time I had not opened or read the Further Steps Notice letter) with the belief that this was from an unsecured debt I also believed that if anything they would just send a standard bailiff to which I could just politely refuse to open to door and ask to leave, having no vehicle or property outside that they could take. The due date of this Distress warrant was 16/02/2017, 14 days after the issue date. Today (well yesterday now) 17th Feb, I arrived home to find the bailiff Final Notice letter, with an added fee of £235. At this point I decided to reread the last letter I received, the Distress Warrant. This is where I started to worry and have doubts that this was actually the debt from Vanquis. I had a look around and found some unopened letters, one of them was the Further Steps Notice. Upon reading this I soon realized it was unlikely that this was the Vanquis debt. Reading about deductions from my salary (I work myself so don't think they could apply this?), but more worrying 'issuing a warrant for your arrest' surely Vanquis can't get a warrant for my arrest issued due to unpaid debt with them? This must have come from the Magistrate's court? I got thinking, last year (I'm not sure exactly when, but now I'm guessing around April or just after) I received a council tax letter out of the blue saying I owed £200 or £300 for unpaid council tax. I live at my Mums house, and for over 15 years the council tax has be debited from her bank every month. I mentioned to her that I received a council tax bill in my name and she said it has always been in her name there must be a mistake, she said she will talk to them about it. She has always paid the council tax and never missed a payment, it comes out of her account automatically. We both thought it was strange a letter arrived in my name, she was adamant it should still be in her name and they must have sent it in error. Unfortunately she forgot to call them to speak about it, I think due to the fact she was sure it was just an error and still in her name, also a very close family member became very ill and sadly passed away late last year. I also forgot about it and did not remind her at anytime about it. Since receiving that letter I have never received another letter from the council or anyone regarding any council tax bills/debts. After all this thinking I call her and ask if she ever spoke to the council about the letter in my name and she doesn't remember it, and ys its in her name always has been. I ask if she can check her bank statements to make sure because I can't figure out what this debt is for, it can only possibly be due to this. She calls me back and is unhappy, the council stopped taking payments from her around April last year. Now I am pretty sure this must be due to unpaid council tax, even though I haven't received any other letters, I know that unpaid council tax can go through the Magistrate's court and a warrant for arrest issued if it came to it, also that these bailiffs could actually enter my home. After doing some research online I have read of people receiving the same letters but due to DVLA fines where someone has used their name and DOB. Now I am not sure if it is council tax or something worse? In the morning I plan to call bailiff on the mobile phone number he left on the Final Notice and ask him who the debt is from and hopefully find out if it is due to council tax or something else. Also no one will be home now until Tuesday or Wednesday and I will let the bailiff know this and that as soon I get back we can sort the issue out. Does he have to tell me who the debt is from, and is there anyway he can come back and enter the house whilst no one is home? Obviously we are going to call the council first thing Monday to sort out the council tax problem, we have no problem paying the back taxes that we owe, and have only realized tonight that they stopped taking payment last year. If this is due to council tax, is there anyway we could contest the added fines/payments? Neither of us received any other letters regarding council tax since the one last year in my name, no other arrears or court letters until the Further Steps Notice. If it turns out it is due to DVLA or something else what would be my next steps? I have not received any parking tickets or traffic offences other than a parking ticket on 10th October from Civil Enforcement LTD which I contested and they sent me a Confirmation of Cancellation letter confirming it had been cancelled. If its council tax there is no issue paying, I can afford to pay it but I would rather not pay the excess as I did not receive any other letters about it. In this case should I try to contest first then pay the council or courts directly, or pay the bailiff inc the excess and try to contest after? I am now worried the bailiff will not tell me who the creditor is but just try to get me to pay, then I will have to wait until Monday to contact the council or courts to find out. Thanks for reading and any advice anyone can give.
  2. I have been in dispute with Eon for some time now regarding my bills. My emails fall on deaf ears as Eon have responded stating that they will no longer discuss my dispute. As this thread depicts on many occasions, the inevitable Warrant of Entry was applied for by Eon in Portsmouth Court. I am from Derby. Now, as a Justice of the Peace, I am sure you are aware of the Magistrate Court Act 1980 (and in turn the Civil Procedure Rules 1998/9). These are legislation set in place guaranteeing the rights of citizens in regards to court processes. One major flaw in the letters all these bloggers receive is that these invites to courts are NOT actually from the court themselves, but from the Utility Companies. The Magistrates Courts Act is clear on the fact that only a Court can summon a person to a hearing, not a company and therefore the utility company's letters are NOT summons'. Therefore, without the court actually summoning you to court personally, there can be NO court hearing?! When I had the 'Human Rights Letter,' a term of which I had never seen written in law before, I immediately wrote to the said court to ask if they had my name down for a hearing on that date at that time. The response I had was negative. Hence, there never was any official hearing. Now in order for any warrant to be issued, the more recent (1980) Magistrates Courts Act, (which therefore has precedence over the outdated Right of Entry act (1954), is clear that there has had to have been a hearing, to which the court has an obligation set in law to invite you to in order to give you the opportunity to defend yourself (i.e have a fair trial, a cornerstone of British law first mentioned in the Magna Carter!). Therefore, if the court itself hasn't actually summoned you to court for a hearing then there is no official hearing. Secondly, even if there was a hearing, the court is obliged to inform the defendant (us) that the claimant/creditor (Utility company) has been successful in their claim. All correspondence from the Utility companies are not official court documentation and thus are fraudulent when impersonating the courts. When a warrant is issued the courts, again, have to notify you of the warrant, and this could only ever be issued following a court appearance at a hearing which we potentially were unsuccessful at. I have never been invited, by a court, to any such hearing and thus any warrant of entry made against me by a court is in dereliction of duty, i.e. the court / judge has not followed the correct, legal court process in which it is legal to issue such warrants. Furthermore, if we leave the Magistrates act aside and concentrate on the Rights of Entry act, in combination with the Electricity act 1989, 'if there is ever any genuine dispute between the consumer and the utility company, a warrant of entry CANNOT be issued. I wrote to the court regardless of their lack of protocol stating clearly that a warrant cant be issued for my property as there is an ongoing genuine dispute. At the supposed hearing that Eon (not the court) invited me to, the judge has an obligation, by law, to scrutinise and consider all evidence set before them in order to be completely clear that there decision on issuing any judgement (or in this case, warrant)(Magistrates act again). In these 'rubber stamping' situations it is almost guaranteed that the judge seeing the applications can never be beyond any doubt that they have considered all aspects of the case in order to issue their verdict. Especially when the courts haven't even summoned the defendant to the supposed hearing to put over their case. In short, all Warrants issued under this old Right of Entry Act are issued illegally, as the Magistrates Courts Act, which protects us to a more fair trial, takes precedence over the 1954 act and has been disregarded. Now I conducted all correct enquiries to the courts to make certain that there was no hearing, and they agreed there was no hearing. Yet still Eon turned up one day and broke in claiming they had a warrant of entry?!?!?! I threw them out and now face conviction through two counts of battery that the Eon staff alleged I inflicted upon them. I was defending my home from the elitist Big Six companies, by following the letter of the law, and still face conviction. These warrants are all illegal and it is about time these courts/judges are convicted themselves of fraudulent activity and of dereliction of duty, as well as the perjury crimes of the utility companies by providing misleading information to the magistrates.
  3. Will not name the company (for now) it's the procedure I am trying to understand. No outstanding amount on account (may be a variation on the amount used due to estimated readings but it wouldn't be a lot but essentially all bills have been paid, nothing was outstanding until now. Utility company write stating that they need to check the meter for safety reasons and quote 'Must Inspect' G4S are those wanting to read the meter, however some years before a member of g4s threatened the householder at the time that if they didn't let them in they'd get a warrant and break in....this from a meter reader and before any ''must inspect' notices had been issued, meter reader dispensed, complaint made with the householder stating any further visits for meter read would need to be anyone other than G4S... Fast Forward a couple of years to end of 2016, Must Inspect letters sent, but these were from G4S and were ignored (see above) Utility company write stating they must be contacted within 7 days to make an appt to check the meter or action will be taken, they were contacted about 14 days later and put on notice that both the utility company and the service distribution company had been in the property just 2 months earlier due to a power outage and where the meter had been checked/ main fuse taken out, tested, put back in, sealed and the road dug up for a week (generators etc) both the distribution company and the utility company had been in and checked the meter safety etc.... At around the same time a letter from G4S arrives stating the householder needs to get in touch as they needed to visually check the meter, the utility company were called again (not G4S) and the same conversation again (paragraph above) and they said not to worry, they'd get it dropped etc. Fast forward to this year, utility company process a bill, usual bill, standing charge and usage..10 days later the householder goes to pay the bill, but when going to notices a further charge of in excess of £50 ....there is nothing on the bill or the account to show as to why the additional price so a call was placed to the Utility company and where they stated 'oh, thats for the warrant application fee' Discussion ensues, they stated they could see contact had been made (as per their and G4's requests) but that the meter still needed to be checked???? The time difference between the letter requesting contact to the time the warrant application fee was applied to the account was 75 days ... G4S requested to remove the application, they state it can only come from the utility company and that as they had heard nothing the warrant application was still to go ahead. Utility company contacted again, complaint raised to a different department and where they appeared to be less than helpful, householder felt somewhat threatened/intimidated (they're registered disabled both physically and mental health) utility company are aware of the status re disabled (householder is registered for priority assistance should there be a outage) They refused to remove the fee, said it still applied, they could see that contact had been made when requested but that G4S needed to check the meter, they acknowledged that the property had been visited by them and the distribution company but still the meter needed to be checked as they'd tried for some time now (yes but it had been checked) Utility company seemed altogether oblivious to any of the points raised re: 1:/Why the fee had been added when no notification as to a court date for the application had been made and that had not the householder queried the additional fee on their newest bill they would have been oblivious to the date at court to see a warrant (only 3 weeks from the time of the fee being added (so not long to go now for the householder) 2:/ Why the utility company acknowledged that when requested they be contacted that they were contacted which in essence nullifies their 'if you dont contact us we'll do......) and where situation explained and they appeared to have accepted it that they then reverse that acceptance. 3:/ Why the extra fee levied does not correspond to their online 'charges' for the same 'application' 4:/ Why they or agents acting on their behalf (G4S) took (a) 75 days to apply the fee and presumably make an application to the court and why they did not inform the householder when the court date was or indeed what court it was to be at? 5:/ Why when they can see both themselves and the distribution company have been in the property and at the meter (checked/resaled/) previous to their warrant threats that this appears not to register with them --- The final contact from the elongated and somewhat intimidating/threatening Utility company wasa followed up by an email to the householder stating 'thanks but we're not withdrawing the warrant and that g4s would still need to attend. ... Further to that, there are a couple of other points to ponder and as yet the householder has not put this to the utility company and any advice confirmation (if applicable) be given. 1:/ G4S as a meter reading company no longer exist, they were sold with the sale complete in January 17, so any court application and when G4S were called a few days ago and where they answered the call as G4S and spoke regarding a reference number on their letter from last year? would need to be from the American company that purchased G4S? 2:/ The legal requirement to inspect a meter was repealed in 2016, becoming defunct from April 1st 2016 , yet 9 months later the Utility company in their letters stated they are 'required by law to check 'your' meter every two years and where you are required to allow them access. I have read the repeal on Ofgem's site, it's quite clear. (they also state somewhere that any utility company using the 2year argument post April 2016 would be pursued Calls to the Utility Company were recorded and they were informed as much, I've listened to some of them, they're dreadful listening and I as an individual could clearly hear the distress in the householders voice and also detect the undeniable intimidatory tone from the Utility company employees The Householder going to court would be detrimental to their health, physically difficult, mentally pretty much impossible but court they will go, better to be avoided but when the above is the situation any homeonwer/tenant would want to protect their home from what is pretty much unlawful entry. Deb Any thoughts ? views? re the Must Inspect repeal?
  4. Hi all, Hoping someone could give me some advice. I'm with OVO Energy, have been since August 2016. My tariff was £45 a month dual fuel, 2 bed semi detached house. I live with 1 other person. I cancelled my direct debit in October and made a manual payment. I couldn't set my direct debit back up on the website so I left it and made a couple of small payments here and there, intending to set it back up again. I had two statements from them, one in Nov for £32.24 and one in Dec for £31.43. A man came to read the meters a week or so ago. On my online account it says that I gave them a reading on the 9th Jan and then they estimated a reading on the 14th?? It also says that my gas usage is up over 2000% (how??). I got home yesterday to a threatening letter threatening a warrant of entry and saying I owe them £296.25!!! I rang them this morning and they told me that they didn't use the meter reading that was taken on the 9th Jan because it was 'too different', and made me read the meters over the phone, which I did. She put me on hold and came back saying that I owe over £400! Apparently they have emailed and written to me, which they have, but the last two statements were for the reasonable amounts above, no requests to contact them - this is totally out of the blue and I'm pretty sure they have just pulled that figure out of thin air. How should I handle this? They've also told me that they have to take half of the amount at once before setting up a payment plan (seems to be a standard tactic they use). I'm pretty clued up with debt collectors and their ways and I'm not threatened by their letter - however I want to keep this from escalating as I don't want another default. I'd like to stop them in their tracks if poss. Thanks in advance!
  5. Today I have received a Issue of warrant of control for debt to lowell from the courts ,it states a baliff will to remove goods call unless full payment is made by 22nd jan . I admit I have left this spiral out of control , but need advise please . I am a full time carer for my wife who has severe mental health problems/suicidal thoughts and multiple physical disabilities . Also my son who has severe autism has been having fits and I have been so worried about both my wife and my son and also suffering dizziness and anxiety myself have left this go , I did receive a claim form back in april , then in july was ordered to pay instalments of £50 a month , however my financial situation is that my wife claims employment support Allowance and is in the support group , she claims Personal Independence payment , the mobility payment being paid for her motability car ) the only income in my own name is £62 a week carers allowance, also back in January last year a budget sheet was compiled when contacting the national debt helpline of our finaces and we had more outgoings than income . The £50 a week set by the court has not been paid and I have buried my head in the sand so to speak due to all going on with my wife's mental health , and my sons fits ,now Ive made matters worse receiving the Warrant of Control . I havnt got the money to pay , and I cant allow balliffs in and this would cause my wife distress , and as she is prone to suicide attempts . Also severe anxiety disorder .ongoing depression and is on a lot of medication. , constant tremors Any advise please , I have alot of documented evidence of my wifes mental health from health care professionals . kind regards
  6. Hello All I made this SAR request to the Energy Ombudsman (E-O) as I wanted to see what Npower submitted to them as evidence to back up their response to my complaint with them. Npower are reknowned for saying they have done everything correctly but not substantiating anything with hard evidence. My questions are: 1) There are some emails between Npower and the E-O where the NPower's persons details (name number email etc) have been redacted. Is this permitted? Why? 2) The E-O hasn't sent me any evidence from Npower to substantiate their response to my complaint (but they did include the emails I sent them as evidence) . Should they withhold this from me in SAR request? As this was the purpose of me making the request in the first place. 3) Can I do anything about the above to get the info I was after in the first place? Many thanks in advance Jimbo
  7. Hi everyone. Earlier today I received a Notice of Issue of Warrant of Control from the County Court Business Centre, it reads; Urgent To the Debtor You have not made payment under the judgement as you were ordered. The creditor has therefore asked for a warrant to be issued to the bailiff to seize and sell your goods. Unless you pay the amount due to the court before 02 December 2016 the bailiff will call and may remove your goods for sale at public auction. This may mean that you will have to pay further costs. Total to Pay £179.25 Balance Outstanding £1,392.38 Dated 25th November 2016. ==== I have registered at MCOL and have my MCOL account details and Password but am unsure how to go ahead as I seem to be missing some information, MCOL asks for Claim Number and Defence Pack Passwords but these are not on the Warrant, just Case Number, Warrant Number, Local Number & Creditor's Ref. === At no point have I ever acknowledged the debt with Lowell Portfolio either by phone / letter or email. The name on the warrant is also slightly incorrect, it has my title as Miss whereas I am a man in my late 40's. I don't know if this is relevant or not but thought best to mention it. === I am in no way capable of paying any of the outstanding amount. Following a serious illness I am now long term disabled, my only income is ESA ( support group ) and High Rate DLA. A little other information that may or may not be relevant, my home belongs to my Mother but I live here alone, I have no proof of ownership of any of the goods in the house and so understand that these can be / may be taken by the bailiffs. I hope you can help me with this matter, if you need any further information i'll do my level best to post it here. Thanks AlanGBS
  8. Hi all, I have a letter direct from the local council's own court baliff demanding I pay my council tax bill with 14 days or he will ask the courts to commit me to prison. If I ignore this, would my entry in to the Royal Navy in January next year be effected? Would I have a police warrant for my arrest, or not?
  9. Hi all, I'm hoping someone with knowledge can help. UH are applying for a warrant to enter and fit a prepayment meter. The amount I owe is 349.65. This includes £200 security deposit. Ive got a bit behind but will be able to pay the actual 149.65 I owe next week. They are saying they wont accept that and will pursue the applucation on the basis that I still owe them 200.00. Can they do this? They were the supplier when i moved in and i told them I'd be happy to pay by dd but they wouldn't accept. Legally, is this 200 even a debt?? Thank you!
  10. Do all warrants of execution or warrants of distress need to be signed by a Judge? If they are not signed, are they lawful for an Enforcement company to execute.
  11. So I was nightshift last night and woke up this afternoon to a letter from scott and co telling me that a summary warrant has been granted against me for unpaid council tax, thing is I don't have any unpaid council tax. I did have a small amount last year but that was paid off months ago. I called the council in a rage who told me there was no one available to speak to me but that my account was showing as up to date and they couldn't understand how this had happened, i could wait 45 mins (!) on hold or call back later. So I called back later and they have recalled it from the sheriff officers but are refusing to take the 10% court fee off it. The council are claiming there have been two late payments on the account and this is why this has happened, the first in April which I accept as I went on holiday and forgot to pay it before i left (i pay with a swipe card) so the payment was a week late, they claim a second late payment in june which i dispute but cannot prove, they say it was paid on the 4th rather than the 1st, surely even if that is true it falls within the seven days they give you to catch up with a late payment? I dont understand why if this allegedly happened in june am I just hearing about it now? Why didn't I get my second reminder letter from the council? How can a summary warrant be granted against someone whose account is up to date? and is there anything I can do about it? I am not happy about paying the extra 10% at all but at least they have recalled it from Scott and Co so I wont need to deal with them. Is it even worth fighting them on it or should I just pay the 10% extra and forget about it. Also they assure me this will not affect the mortgage I am hoping to get in the next few months, the bank have already told me I can have the mortgage I am just saving the deposit, please tell me they are right?
  12. I just received this letter today stating: Marston High court enforcement officer & Certified bailiff CLient : HMCTS Cheshire Div 1 Amount Due : £706.67 we are in possession of a Magistrates court order as a consequences of non payment of this above fine. Your residence at the above address has been confirmed. As you have failed to deal with this outstanding fine or respond to letters delivered to this and previous address, we must inform you that unless the TOTAL sum due above is paid with in 7 days of this letter, our bailiffs will attend to levy distress and remove good for sale by PUBLIC AUCTION. I want to pay them but they want full amount, I had been ringing them since last 6 months n told them I will pay you a set amount via direct debit or standing order, but everytime they say we want full amount, now I got this final letter, Im really worried I dont know what to do now. please help me I only earn £100/ Week, so dont know what to do Regards
  13. About 18 months ago I took an ex-partner to court to recover money that I had lent him during our relationship. He admitted the debt, made an offer of payment and judgement was entered. He kept up the agreed payments (with one "blip") until he had paid just over half of the order, then decided he couldn't afford it any more. He hasn't made a payment since January. I applied for a Warrant of Control which was issued but I have now had a letter from the Court stating that the Warrant has been returned as the bailiff has been unable to meet with the debtor. I know he still lives at the address given but just does not answer the door to unexpected callers. What is my next course of action? It seems that he is laughing at me and the Court and I just don't know what to do next. The original claim was for approximately £1100 and the outstanding balance is £470. Thanks
  14. In a few threads it has been stated that the EA does not have to show a warrant or copy of It would save a lot of problems if they presented either of the above why do they not need this?
  15. Hi, It's been a long time since I needed to come onto this site but it looks like I'm back again. I need help but really don't know if helps going to be possible now. Ok here is what's going on so far. background info For the last five weeks I have been at my mums house, I'm diagnosed with bipolar and things have been pretty bad. I've been back and forwards to the doctor to get help, their mental health clinic and 9 days ago things hit critical mass and the doctor called in the mental health crisis team who have been visiting me daily and will be for the foreseeable future. I live alone and after a massive problem with new meds given to me by the doctor I moved back to mums for my safety. I'm on yet another set of meds that at least has started to let me focus on things hence being back on here for help. My problem Arriving home I have found two letters, the first a notice of issue of warrant of control. Dated 15th March 2016. It states that I owe Marlin Europe I £804. To be paid by the 29th March 2016. Posted on the 18th March. The second letter was hand delivered I have no idea when and this is a notice of first visit, talking to neighbours there was somebody at my door earlier today but the date on the letter is the 1/4/2016. My daughter went to check the house on Saturday and said she didn't see any mail so I don't think it was delivered on Friday of Saturday. The letter also stated I have until 10am on the 6th of April to pay the amount owed. Now the bit I need help with I haven't to my knowledge had anything to do with Marlin Europe, I have no idea who they are, I also have no idea when all of this was started and have had no paperwork from the courts. I have been through everything I've received since Christmas to check to make sure I haven't missed anything. I really don't know if I have any options or do I just roll over accept it and try to come to some agreement with them, but since my income is esa at the moment they can't have a lot. I would be very grateful for any help, this has come out of the blue
  16. Is it possible to issue a Warrant of Control against an individual at their business address? And by business address, they are the director of a company and i have found the registered business address on the Companies House website. I'm sorry if this is the wrong forum subject.
  17. Hello, Just joined this wonderful place hope I can be of some assistance to others too, here is a problem I am facing. I recently moved into a properly just before Christmas I've been sent a bill from Haven power for £4000+ the bill is not in my name, obviously a previous tenant has ran up a bill and left.. . I tried speaking to them on the phone but they are telling me they will access my apartment THIS WEEK (well their agents face2face) to collect the debt and put a smart meter in... . I have no account with Haven Power and also, just renting the space from the lease holder. ..I have a young baby and I'm rather worried about what my rights are here.. I sent a letter to tell them this, via recorded delivery, they have responded with some legal documents saying it doesnt matter if I'm not the person who owes them money, they will still access the property... Any ideas? Thanks Alan
  18. Hello everybody I recently got into debt bother with EON . I spoke to them about my options with regards to my debt (installments, pre-payment etc). I indicated that I would prefer prepayment to manage my debts but then took my time getting back to them . Next I received a letter telling me that they were applying to the courts and had added £60.00. The court date was supposed to be 12th of November and I awaited this date so I could contest the fee (I had already told them that I wanted prepayment), they wrote to me shortly before telling me that the court hearing had been cancelled and they would write to me at a later date. Yesterday (12th) I got home to find some documents and a electricity key INSIDE MY HOUSE !!. The accompanying paperwork said that they had acted on a warrant (no issue date, number etc) and had changed my electricity meter. In my actual mail on that day I got a letter from them telling me that they had reapplied for a court date - which was supposed to be the 16th November !!!. So clearly they illegally entered my house without a warrant and changed the meter. Luckily, nothing valuable was stolen from me by these rapscallions . I have not yet contacted them, instead I would prefer the advice of somebody who has experience in these matters to see exactly where I stand before I act. What are my options, so to speak ?
  19. 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
  20. 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
  21. 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
  22. 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
  23. this just happened to a friend. .. warrant was issued 12 months ago to old address AFTER the new rules came into force. the 12 month period has just elapsed, my friend expecting that "it's safe to come out now" contacted the bailiffs by phone. Note, my friend was found and contacted about a month ago only by email and no evidence has been provided so far to confirm the debt was valid, they sent each other a couple of emails mainly disagreeing with each other. It turns out that one of the emails sent by the bailiff (2 days before 12 months passed) was their idea of a "payment agreement".. . of course this was never acknowledged of agreed to by my friend and the exact wording I am waiting to find out, can the bailiff simply create this payment agreement without agreement from the alleged debtor? The result is that the bailiff has reset the 12 month clock with a simple email. Please someone tell me this isn't right. Thanks
  24. A marston agent attended my property and wrongly executed a warrant that had been dealt with by the issuing court. The court in question had not relinquished the warrant but I had all the relevant paperwork to prove it had been dealt with but the bailiff refused to take that s proof or let me call the court for them to clarify. I was not at home at the time but my heavily pregnant partner was, by the time she called me she was hysterical and in floods of tears. The agent had terrorised her with threats saying that he was going to remove goods unless payment was made in full and that he was not going to accept the paperwork that proved the warrant should not have been executed. I spoke to him and explained that it had been dealt with in court and a call to the court would get it rectified but he point blank refused and said that if I didn’t make payment now he would get the removals van. I felt that I had no choice as I was extrememely concerned about my partner’s condition being so heavily pregnant. I paid over £1000 over the phone and when I got home a quick call to the court proved I was right. It has now taken since January 12th 2015 to this day, still with no proper investigation or response from Marstons directly answering my complaints that I find myself at my wits end with them. I have 2 active complaints which are currently being ignored by their ‘customer care’ team, I have written and emailed their board and I am still to get any kind of response. I have notified CIVEA and they are fully aware but won’t act until Marstons have exhausted their 3 stage complaints procedure. I really do not know what to do now. All I want is my money and compensation for what I have reasonably incurred due to them not refunding my money and the financial distress it has caused me and my family. Can anybody help?
  25. Hi Guys, wondering if anyone can help me/provide some advice. A couple of years ago my landlord (Housing association) applied for a possession order. At the time my rent arrears were around 2k. I agreed with the judge to pay back the arrears at the rate of around £15 per week. I have recently had a period of unemployment and as such fell behind with my agreement, and for the last 6 months or so have only worked sporadically, usually not applying for HB when I havent been working. As the arrears have risen to about 2300 I recently called my landlord to let them know I had secured an 18 month contract at a new employer - and was able to start making weekly payments of £30 per week on top of my rent to start clearing the arrears. I have stuck to this since the agreement though unfortunately one of the payments went missing (since turned up) & they have now sent me letters and are saying they are applying for an eviction warrant. Is there anything I can do, In an ideal world I would like to continue paying the £30 per week on top of my rent to reduce arrears - my current arrears are just under 2k and at a push I could probably get my hands on anything up to a grand to get them halved. Any advice would be much appreciated
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