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  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 Final Decision, as they were ordered to by the FOS, despite many reminders from the FOS and finally the FOS reporting the business to the Regulator (the Financial Conduct Authority), but all in vain. The FOS has therefore advised, that I can apply the County Court, nearest to the business, in order to enforce the ombudsman decision (see the attached FOS Consumer Factsheet "enforcing an ombudsman decision in court"). I therefore informed the business that I would now proceed to the County Court unless they complied with the FOS Final Decision - and thereby also saving the business the considerable court fee. However, as I did not hear from the business I sent my application by email ([email protected]) to the Central London County Court on 25 Oct. 2018, with all required documents duly completed incl. Form N322A, but less court fee (I requested the Court for information on the court fee amount and how to pay it). I received an automated reply, that I would receive a answer within 10 working days. However, 10 working days have now passed and I have not heard from the County Court, despite sending them a reminder last week. In the meantime Adam Neal, the CEO and Founder of Abshire-Smith Global, has sent me an email informing "Please note we have the option of a judicial review, which is what we are requesting". They have said this before to the FOS shortly after the FOS Final Decision, but apparently it was just a threat and I also believe they should have requested for a Judicial Review within 3-4 months of the date of the Final Decision, so it's properly another delaying tactic? I have, therefore, asked my contact person at the FOS, the Adjudicator,for information on what the Judicial Review means and how I can know if the business has actually applied for this, if the Court accepted the application, the processing time and whether I will be informed of the outcome. Apart from informing me she will inform me "shortly" I have not heard from her again in over 2 weeks, despite my reminder by email. I therefore wish to proceed to enforce my FOS Final Decision at the County Court, but how should I proceed, as they do not respond to my emails? I hope you can help me? enforcing-an-ombudsmans-decision.pdf n322a-eng.pdf
  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 order we now own the vehicle again and wish to take possession. However the claimant will not release the car or tell us its whereabouts until he has received the funds himself. Apparently the bailiff will hold onto his money for 14 days. we wish to collect the car on Wednesday this week. We have complied with the court order and paid a bailiff that he has instructed, the vehicle should now be ours. The vehicle is in the isle of Wight so there is sigificant cost involved in recovering to the mainland ( we are midlands based). I have told him we are sending a recovery truck on wednesday to collect the vehicle , he is refusing to comply. What are our rights? Can i instruct a bailiff to go and recover the car and pursue him for the costs. I have told him we have no wish to take this any further we are busy, lets just put this behind us and move on. Any thoughts/advice would be useful many thanks
  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 the file" as they say they can't do any more. What can I do? can I contact his mortgage company and ask them for payment? Any advice would be most welcome.
  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 and place defaulters in custody. Their work will now be undertaken by the private sector.
  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 was on headed notepaper from DCBL and clearly stated at the top of the letter (beside the word DCBL) the words: Certificated Bailiffs and High Court Enforcement Officers. The letter referred to a 'debt' in excess of £10,000. Interest of 8% (since May 2016) had also been added. The letter stated the following: Unless we receive immediate proposals from you regarding the repayment of this debt, the recovery process will commence 7 days from the date of this letter. We may also make arrangements for a representative to call upon you to open up lines of communication. The person receiving the letter knew about the 'debt' and knew that it was heavily disputed. More importantly, he was adamant that court proceedings had not been undertaken against him and that a judgment had not been obtained. He intended writing to DCBL. Before being able to, he had a visit at his home from a High Court Enforcement Agent from DCBL. It is fair and accurate to state that an argument broke out. The 'debtor' called the police. Astonishingly, the police refused to attend stating that they were satisfied that DCBL had authority to attend his premises to enforce the debt. The High Court Enforcement Agent from DCBL refused to leave the premises unless he received payment. Under duress, the debtor borrowed a sum of £2,000. DCBL yesterday confirmed the following: That the debt had not been subject to court action. That a judgment had not been obtained by the creditor. That they were enforcing a 'pre judgment' debt. That the 'High Court Enforcement Officer' was attending as a 'Debt Collector' Members of the public receiving letters such as these will no doubt be hoodwinked into believing that the debt was legally due and that a court order exists. They would be wrong.
  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 come this Friday to unclamp it. I get the impression that he is trying to use the clamp in a punative capacity. This visit was the first contact I have had with Marstons as I have not received a notice of enforcement. The clamp is currently costing me £120 per day as I have no work transport whilst car is clamped. The bailiff has stated over the phone he intends to return to take control of another more valuable car which is at the same address. This car used to belong to me but I sold it on the 20th May to house mate to clear unpaid rent, so again is not my property. I really don t know how to handle this situation my loss of earnings are more than the agent is demanding and I am now falling behind on other things as I cannot work.
  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 personal promise (on his daughters life believe it or not) to pay us and has also confirmed that statement to 2 directors of the main contractor he was sub-contracting the work from. Can anyone advise how I can best proceed to recover the debt? thanks
  10. Hi everyone, first time poster here. Just a couple if queries that I couldnt see answered on the forum already. I bought a car by private sale recently in England but am resident in Scotland. I did a HPI check via AA and it was clear but a number of things give me the nagging feeling something is up. I just wondered if anyone knows how likely it is that a log book loan would not come up on an HPI check? How easy is it to enforce a repossession given that the vehicle is now registered on Scottish soil and the BOS isn't part of Scottish law? If the HPI check fails to show something does that give me any redress under the code of conduct or is there another data base that the LBL company could have used to get around that?
  11. 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 thread when the new regulations came into effect on 6th April and that was extremely useful and provided a great source of information to frequent posters on the forum. This new thread should be the same.
  12. 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 needs to happen now is that they need to pay up. They wont budge or make any amendments to their paperwork. The financial business have said that as I will not sign the paperwork they have now closed the matter. There were no conditions to the settlement requiring me to sign any further forms in order to receive payment. I have spoken to the adjudicator who handled my case and she says that the case is now closed on her side and there's no further help she can offer. She says that it's a matter for me to sort out with the financial business. So, where do I go from here? If it were a decision by the Ombudsman then I know I can head straight for enforcement but as it's just an adjudicators decision I don't have that option. Would it be appropriate to issue an N1 in the county court and use the FOS settlement letters as evidence to sue for the amount awarded? Many thanks, Limelight.
  13. 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 prove because he is hiding everything (not keeping cash in bank account etc). Is there anyway that I ask court to enforce him make some monthly payment? Debt is well over £6000 and I waited for good 2 years but that conman did not pay a single penny. How can I ask judge to make an order for debtor to pay monthly?
  14. 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 not dispute owing £112 for the parking ticket, however the £340 of charges Andrew James have added by sending letters and bailiffs to addresses where I have not been present seems unfair. I have spoken to Andrew James and was told - Pay up or they will continue to enforce my gf's business.... I spoke to the Director of Transport at the local authority who has said he cannot do anything at all for me and suggested I pay the charges. Could someone please let me know their thoughts regarding this matter? I have tried the citizens advice on numerous occasions but can never seem to get through to them. Thanks
  15. 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 probably minuscule but if I won the repercussions to this company would be enormous, hence being sure they will defend vigourously. There are a number of issues which I also need to clarify before going any further so would really appreciate if someone could answer some questions :- 1. Is it actually established that photographs can be sensitive personal data? The photographs in question could show my approximate age, ethnic origin, and that I am disabled. 2. Does it matter if the data being processed hasn't actually been disclosed to a third party (other than the company's employees, obviously) yet? If it were disclosed to the wrong sort of person, it could do enormous harm. 3. Does it matter if the data is usually processed automatically, i.e. unseen by human eyes? At some point the photographs are printed and so must be able to be disclosed to a third party. I'm sure I'll think of many more questions eventually, but anyone who wants to contribute has my sincere thanks.
  16. 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 not use the school coach service, we took him ourselves and picked him up as he was on study leave and the times he had to be in school were outside the operation hours of the school coach service. Last week I issued an ultimatum to the school via e-mail, I stated that they (the school) had no right to prejudice our son because of their belief we owed the school money from transport costs. I stated either release the certificates within 10 working days or i'll use the court process to get his property back. I would be grateful if someone could advise on the next step as I have a feeling they want court papers to land on the headmasters desk, I feel I have done all I can to get his property back including speaking on the phone to the headmasters secretary right through to writing and e-mailing the school, as so far they are sticking to their promise of not releasing the certificates. I have contacted the local education authority and they won't get involved as the school is an academy and falls outside their ability to get involved in the matter. So it is my belief court is the only available option to me, but I am unsure how to go about it as it is a non money claim and I am not sure which forms I should use or the correct process. Any advice most welcome.
  17. 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 elsewhere. However, the residents have had enough and we are looking at options available to us on preventative measures for non resident parking. The reason for this is that there is no extra room for other cars due to the location - if a space is taken, there is no room for the resident to park; period. The results online so far tend to be in the drivers' favour and how to claim back / fight against a parking ticket whereas this is a bit different. Signs displaying residents only etc are being discussed and I am wondering what we can realistically enforce. Any advice or past experiences please - Cheers!
  18. 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 various bits of advice on the web. As I understand it there are several things at play here: 1. I have settled the debt with the claimant. The Bailiffs have had no involvement, so cannot charge/enforce a fee. If it isn't stated on the original warrant, they cannot claim it. 2. My car is insured for business use, and is used in connection with my employment. The bailiff therefore cannot seize it. 3. The original notice of distress was issued in August 2012. This is only valid for a year, so is invalid. 4. My (live in) landlord can refuse to allow the bailiffs access to his property and grounds, and put up a notice to this effect. Can anybody offer any advice and guidance, including on what I should do next? Can I legally remove their wheel clamp? Cheers, Jim
  19. 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 be grateful for any pointers, advice or opinions prior to contacting the courts. Thank you in advance.
  20. 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 Court. I did not hear anything for 10 years, then had a knock on the door on christmas eve by a court bailiff. He handed me a summons from the courts in France saying My ex was going to sell the house I bought. She had said that When I bought the house in france she put in £5,000 and it was a partnership asset. She said this to the English Courts but now said French law means that she owns half the house, although it was my Mortgage. Anyway it was bought indivise by mistake. To stop the French action I had try and open the 10 year old action she started against me, Luckily the Judge agreed. My ex girlfriend strongly opposed the opening of the case even though she started it. I opened the High court action As andefendant, But it was the only way I could prove that she had stolen the Car And £50.00. My offer part 36 was I would give her £5,000. But she had to stop the French action. Pay all me french Legal costs to date and take her name off the deeds an transfer it to my sole name only. She agreed on this in the end and had to pay most of my costs about £35,000. Anyway she has not taken her name of the deeds despite meeting me in France me telling 3 Notaires and giving them the Offer and court order. She does not sign for leeters and I get the back and emails sent to her on Facebook get ignored. She now lives in France. Can anybody please tell me hoe I can get her to conform with the part 36 offer and court order.
  21. 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 received a letter on Rossendale headed paper. The letter is as follows:- PLEASE DO NOT IGNORE RE: attachment of earnings order Please find enclosed a copy of the Attachment of Earnings Order that we have served on your employer in order to recover an outstanding debt on behalf of Wakefield District council. Please read the enclosed regulations so that you fully understand your role as failure to comply with the requirements may render you liable for a fine. Yours Sincerely, Wakefield District Council I am confused. The letter is from Rossendales yet signed by the council????? It also says on the reverse on the "to your employer" part that payment is to be made to Rossendales. What should I do?
  22. 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.
  23. 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 the small print in the loan agreement so you know what to state when you enquire about it. Also worth noting that if you enforce your right of withdrawal, you also have 30 days to repay in some cases! However, in the following instances I did repay instantly as I wanted to clear loans. This has never affected my accounts with them either and it doesn't appear to be problematical to credit rating either. PDUK - The best of the bunch for this from my experiences, emailed them the request, and they emailed back instantly stating they wouldn't even charge any interest (despite their loan agreement stating interest at about 66p per day). I phoned back to make payment and the assistant was aware of the withdrawal clause, and also was primed to only take payment of the initial loan, with no interest. This was about 7 days after the loan started. Another good thing about PDUK is that when you rollover as I had previously done in the above instance, they send a new loan agreement every month so you effectively have the first 14 days of each new period in which potentially you could repay that particular month interest free! Lending Stream - Also good for this, repaid them early on and they only charged a nominal daily fee of interest which I seem to recall was also no more than a pound a day. Quick Quid - Charged a percentage of the whole interest that would have been paid for the loan term. Basically using early repayment formulae. They are always worth considering if you wish to repay outside the 14day period, as even if you pay back 3 or 4 days earlier than repayment it could save twenty or thirty quid. Every little helps!! Txtloan: If you text them to take their 15 day loan back early, you still get charged full amount including full interest. They seem to operate a rolling credit agreement to prevent this action, so I guess it could be enforced within the first loan with them but I've never tried. Payday Express: Ignored all my requests to take loan early. Have seen other reports around the web suggesting they refuse to take early repayments so they can charge the whole interest. So please feel free anyone to add their own experiences, there are actually savings on interest to be had here that possibly people don't always know about!
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