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Found 23 results

  1. Hi In short:- CCJ Granted. No contact for 9 years then I get a letter asking me to kindly call them to discuss payment. Does section 24 of the Limitations Act cover this? Does the creditior need Court permission to enforce? Would a Court be inclined to grant such an order? Thoughts much appreciated.
  2. I hope for your help on how I should apply the Central London County Court to Enforce an Financial Ombudsman Final Decision using form N322A? I am a Danish pensioner, living in Denmark, on 28 March 2018 the Financial Ombudsman Service (FOS) made a Final Decision in my favor regarding my complaint against Abshire-Smith Global Ltd., 26 York Street, London W1Y 6PZ, which I accepted. However, the business has unfortunately not complied, i.e. paid me the required amount (GBP 84.833, incl. 8% interest and a GBP 750 compensation awarded by the FOS) within 28 days of me accepting the FOS Fi
  3. Received a visit from a bailiff last week over a case we were appealing, the only reason we lost the case was down to a minor paperwork issue, we have very good grounds for appeal. However the court had not processed the appeal before the bailiff turned up at our business. We lost a case involving a car, and to be honest now just want to move on, we are not worried about the appeal. We have a few issues the bailiff would not leave our premises without receiving cleared funds, they accepted a debit card and we cleared the amount in full. According to the court
  4. I am a freeholder of a flat where the leaseholder owes me approx £1200 in insurance, court fee's and interest and I have a CCJ for this amount. I have pursued this leaseholder through the County Court, First Tier Court, and back to the County Court and won every time. Recently I have employed the Sheriff's office to collect the money but they encounter the same problem as me - he won't answer the door or acknowledge any callers. When the Sheriff calls they can hear activity inside but get no reply. The debtor doesn't have a car to clamp so the Sheriff is "closing
  5. The Ministry of Justice has announced today that it will be outsourcing the collection of Magistrate courts fines currently done by almost 150 civil servants to the private sector. I have written on this forum since 2013 of the proposed plans which were abandoned approx 2 years ago. The vast majority of Magistrate Court fines are already enforced by the private sector (by Marston Holdings, Collectica Ltd, Swift and Excel Enforcement Ltd). A small proportion are also enforced by HM Courts & Tribunal Service Civilian Enforcement Agents. CEA's have the authority to search premises
  6. Given the seriousness of this thread, it really does need to get wide coverage. Accordingly, I would hope that the moderators allow it to remain on this section of the forum. Sadly, this is not the first time that I have taken issue with documentation from DCBL. There is a long thread on here regarding this firm and their letters regarding private parking debts (more later). This firm are also behind the TV series....Can't Pay...We Will Take it Away. Yesterday, I was contacted by a gentleman who had received a letter from DCBL the previous day. The letter was received by post and w
  7. Hi there, I have a business banking issue with HBOS. I understand that this is a consumer forum, and therefore does not advise on business banking issues. However, does anyone know of a similar forum in the business arena - or are there any legal eagles out there that might like to take on a juicy case against HBOS? Many thanks, SD
  8. Hi all any advice gratefully received. I have an unpaid pcn being enforced by Marstons, one of their agents came to my home on Thursday 26th May. He is demanding £475 which I cannot pay, he clamped a car which he saw me driving, that belongs to my house mate. The car has been very informally lent to me because I am self employed and my van has broken down. I need this car for my work so it should be exempt from control. I phoned the bailiff on Friday morning to inform him of this, it is still clamped today, the bailiff said he might be able to
  9. Hi I am looking for some help/advice regarding how to proceed with a CCJ I have obtained against a Limited Company I undertook some work for and have not been paid. The background is that a workmate and I are owed £2915 (total) from a one man band building company whose company address is registered at his Accountants. The CCJ is against the company at the Accountants address which obviously will not have any assets there belonging to the building company so there seems no point in sending bailiffs/sheriffs to that address to enforce the judgement. The owner of the building company made a
  10. A number of frequent posters on the forum have said that they would like to have a thread so that we can discuss the procedures available for debtors if they consider that a bailiff has done something wrong. The thread can be used to discuss a variety of scenarios such as: What is the correct procedure for debtors to take if a bailiff clamps their car which is on finance? What should a debtor do if the bailiff has clamped or removed their car and it is needed for their employment. Can a bailiff charge a fee if the address on the warrant is wrong. PS: We had a similar
  11. Hi, My complaint to the FOS has been upheld by an adjudicator and I have been awarded £500 compensation. I have signed the FOS form accepting the settlement. Please note that I settled at adjudicator stage - it was not necessary for the matter to go to the final stage and be reviewed by the actual Ombudsman as all parties agreed to settle. However, the financial business is now refusing to pay the £500 until I sign paperwork drafted by their solicitors. I am not happy with the wording in the paperwork and feel that as I have already signed a settlement form then all that need
  12. I provided some services to somebody a few years back for which he did not pay. I took him to court and got judgment against him. He just stopped trading and went on benefits / job seekers allowance etc. I did not take any action and waited for him to start trade / work again. A few months ago noticed that he is now a director of limited company. So I sent him letter demanding the money reminding him the judgement. He suddenly resigned from directorship and put his brother's name as director of the company. Now I know he is working and earning good money. But it is difficult to
  13. Hi there, Andrew James are enforcing for a parking ticket which was from March 2013. The car was sold not long after, and I also moved address. Andrew James state they have sent letters and made visits to the former address to get the ticket paid for. For some reason they have now identified one of my gf's work premises as my home and are enforcing the debt there threatening to remove goods for auction... I have nothing to do with either her business, nor the address in question. Also the car was never registered to the business or the address they are enforcing. I do
  14. For obvious reasons I don't want to name the company involved but I am probably going to have to force them to comply with a S10 notice (stop processing my data) I issued. They've come up with a number of reasons why they don't have to stop, none of which are actually applicable as they are probably processing sensitive personal data, a fact which they have so far conveniently ignored. What is the best way to enforce - court or ICO? If it's court, I'm absolutely certain they'll instruct counsel, which I'm perfectly happy to admit scares me to death. The value of my claim at the moment is
  15. Hi I'm hoping someone can advise on how best to proceed on the following matter. My youngest son left school last year, and is currently in his first year of college. However he is still yet to receive his examination certificates. We contacted the school just before christmas as to why his certificates had not arrived and we were told, his certificates had not been release because I allegedly owe £50.00 in transport fees from his time at the school. This is totally wrong, the coach fees which they refer to are paid per term. In the last term of his study at the school, he did n
  16. Hi Guys, New reader, new poster! I live next to a canal in Staffordshire in a row of about 10 houses, on an unadopted road. The houses are at the end of this road, with a parking plot containing spaces for 2 cars each per house, just before you get to the houses. Now, the whole area is quite hidden away and the only traffic we get are the home owners themselves or visitors. However, as we are hidden away and off the main road, we have had in the past had cars abandoned to get round SORN, and we have one now. This is a separate issue to what I am posting and is being addressed e
  17. In 2012 I foolishly buried my head in the sand, and failed to pay a Magistrates court fine. Eventually, in 2013, Marstons caught up with me (several change of addresses) to enforce the fine. I immediately telephoned the court, obtained the amount owed, and paid the amount in full, via debit card. The Marston bailiff telephoned me a day later, and advised that their fees were still outstanding. This morning, the bailiff 'seized' my car, by affixing a wheel clamp to it, and a notice on the window. A 'notice of distress' was pushed through my door, claiming £300. I've read variou
  18. A claim form was issued against a tenant who defaulted on their rent on 21 March 2013, judgement was issued 11 April. The address used was the tenant's parents' address as this is where the tenant claimed to be living. A warrant was issued 30 April. All of a sudden, after no communication to the courts, the paperwork has been returned as 'not known at address'. This address is definitely the address of the parents, verified by Facebook links and peoplefinder, also the fact that the surname is not too common, nor the spelling of the mother's first name. I should
  19. Hello everyone. I am new to this forum, but do need some urgent advice. To cut a story. I won a high court partnership case against my ex girlfriend. I had made an early offer part 36. In which I offered her the amount she originally put into the partnership. Our partnership ended and our relationship, when I found out that she had taken £59,000 out of our account. She also kept the partnership car that was worth £11,000. For some reason she took me to court to end the partnership. On our first visit I explained to the judge the circumstances and it was transfered to the high
  20. Hi all I posted a thread recently regarding a bailiffs visit for three council tax liability orders (original thread Since then I have made a payment to the council as agreed and have ignored the bailiffs letters etc. The council have agreed to take the payment on the accounts they currently hold but are still insisting that I negotiate with Rossendales for the 3 liability orders that they hold. My plan was simply to ignore Rossendales and just continue to make my payments to the council and just wait for the accounts to be returned. All going great until on Saturday I receiv
  21. Hi, I have a CCJ against my previous landlord, but she has not paid any money back yet. My question is therefore: can a Third Party Debt Order be made against current tenants of a landlord? So instead of them paying the rent to the landlord, the rent is paid to the me on an intermittent basis until the debt is settled. Can it be done using Form N349 (Third Party Debt Order)? Any special considerations? Thank you for any replies.
  22. Hi all, Just thought I'd post this in case this was a help to anyone. I've used a few PDLs over the past couple of years and sometimes there comes that magical time when its possible to pay them off early, or you realise that you don't need the loan at all. This is based purely on my own experience, but I thought I'd let you know the experiences I've had when contacting them to enforce the '14 day right of withdrawal'. In some cases this has saved me hundreds of pounds, so its always worth thinking about if you are quite early on in the loan. In all cases, its worth reading up on th
  23. As of 1st October it will be possible for a Charging Order to be granted, even if the judgment debtor is not in default of the instalment order. However, an application for an order for sale will not happen so long as the instalment order on the actual charging order has not been breached. http://www.legislation.gov.uk/ukpga/2007/15/part/4/crossheading/charging-orders
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