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Found 22 results

  1. I am currently in dispute with a builder over a patio - there have been several attempts to remedy the situation over the past 12 months the patio has been re-laid but there are still significant issues. Last time the builder was on site I unfortunately swore about the situation not directed at the builder. The builder became very aggressive and intimidating - shouting and swearing at me. I asked him to leave the house and he continued. Fortunately, at this point my wife came home with my daughters and she could hear the builder shouting from outside the house. I managed to get the builder into the front garden where he continued to shout and swear at me in front of my wife and 5 and 3 year old daughters. My wife asked him to stop multiple times. We got the children in the house and then he eventually left after a final tirade. In the evening the contractor sent a text to my wife rather than me acknowledging his behaviour had been inappropriate. He is offering to carry out further remedial work but we are obviously reluctant to have him back on site after this situation - he is a big guy. Where do we stand legally if we don't feel comfortable having him back on site?
  2. 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.
  3. Hi I have been absent from my property for a while. I normally just pay £50 ad hoc on-line in to Edf account to ensure there is a regular payment and the account is being serviced so no huge debt surprises. Turns out they had sent a larger bill than normal and I owed £250, followed by red letters and then a Warrant of Execution to gain entry, remove the normal meter and fit a key meter. Without knowing this I continued to pay ad hoc £50's so that actually by the time of the allocated court hearing for the Warrant - this week - there was only £50 owing to Edf. Of course - I am today paying this final £50 so there is no outstanding current debt to Edf. Can they still obtain a valid Warrant to gain "legal" entry and change the meter ? There was only £50 outstanding on the court date, money was being paid regularly, and the debt will have been cleared before anyone appears at the front door to change the meter. Where do I stand on this, please ?
  4. Hey guys, I wonder if someone can help. Last time I was here, Ploddertom and wonkydonkey were brilliant when it came to reigning in the HMRC bully boys that attempted to steal £k's from me. I have posted this over at MSE. Although I am receiving helpful responses, there is a lack of definitive answers. I fell into arrears last year with electricity provider - Npower. We came to an agreement on a repayment plan but unfortunately as I am self-employed I defaulted on payments again. Npower then refused to budge. They wanted to fit a pre-payment meter. My son's use of the internet for study (examination period) made me reluctant to agree. Anyway, I was notified of Npower's - thru Utility Management Services - intention to make an application for warrant of execution. This would enable them to fit the meter. The court date was set for 20th May in a location 250 miles from my home. With work at a premium right now, and funds scarce I could not afford a 500 mile round trip on a weekday. The following day three cowboy's arrived, informing me a warrant had been granted and they wanted to execute it. They showed me a piece of paper - supposedly proving said warrant - but could not give me a copy. There was little I could do because although I could deny them access to the house, the acutal meter is on the outside of the premises. So I was forced to relent and let them fit it. Having done some research there are a few anomalies which I would like to address: i) I read on the CAB that you must be given notice that the warrant was issued and then given 7 days to make payment. I was given 1 day and not informed that the warrant was granted. Npower say that it says on their letter - notifying me that they will make an application for warrant - that they will call immediately at my property. This is true, but does it exempt them from the 7 days notice and notification of successful application? ii) The amount outstanding has increased by almost £900 since yesterday. When I phoned Npower, I was told that: £150 court fees £50 engineer fees £600 'other charges'. Is this all legitimate? iii) The debt collector couldn't provide me with a warrant and when I requested the warrant number from Npower they replied, 'You'll have to contact the court'. Is this standard practice?
  5. Hello, I will start by saying that we are a group of three international students who share a property. It turned out our landlord did not pay his mortgage and we received an eviction notice on late April as the property was to be repossessed. The landlord of course "went missing" and did not answer to any phone calls or emails. We (the tenants) applied for a stay of execution and we got one until the end of our tenancy (30th of June 2014). We already paid the 1st month following the court's decision (May) and we are left to pay the final month of our rent (June). The mother of one of my flatmates is a Cypriot lawyer and she told us that given the circumstances we are not obliged to pay June's rent if none of us stays in the property on June, but she might not be very familiar with UK's laws. Under any other circumstances we would pay June as normal. So my questions are: a) Is the contract valid until the end of our tenancy, even though the flat was supposed to be repossessed on May and we delayed the process by getting a stay of execution? b) Do we have to pay June's rent even though no one of us occupied the property on June?
  6. hey guys just received a letter off regal credit stating owe Northumbrian water £774 for an address I have not lived in for 4 years letter states with a CCJ already against you we propose to take legal action without further notice we will apply for a warrant of execution ect ect ends with to prevent legal action it is vital you pay in full immediately . ..I don't aknowledge this bill I don't owe this money and have told the waterboard I have not lived at this address for years when I did live there my bill was paid by deductions from my DSS. .i have a very serious medical condition, (so serious thet even the police cannot speak to me without an appropriate adult present) now if a bailiff turns up at my home it would cause me such stress t hat I would have to be hospitalised any advice on this matter would be very helpful.
  7. I have recieved one from a company i have never heard of "Me Lii Limited" and have had no corrispondance (sic) it just came out of the blue I have a charging order against me taken out by restons this is the same court that the warrant of execution was issued from Can a debt be trannsfered from a charging order to my goods How can i find out the finer details of this debt to see the original owner Thanking you in advance
  8. Warrant of Execution - After Final return of your claim was received I rececied a noice from MCOL - 'A final return for your warrant against Mr XXX was received on 06/11/2013', I am not sure what it means and why I suppose to do next. Few months ago, I started a claim that a guy own me £3000. He was my 'londlord', I paid one years rent but I only live there for 6 months, now he cut himself off from facebook, phone, email, ect. From my other resourse he might move out the house cause he was not a 'landlord', he rent it from someone else. I fear that court can not trace him and help me get the money back. What happen if court could not find this person from the address I provided? Feeling helpless in this case. Many thanks for anyone who answer my question.
  9. I received a letter in the post today from a Bailiff stating that a 'warrant of execution' has been issued for NON payment of a traffic debt. The contravention dates back to 21/12/2010. (camera enforcement) I remember paying this , but its so long ago i can't remember exactly how and no longer have any of the paperwork. Can i defend this in anyway
  10. Hi all, We are being chased for a debt of around £6k, originally from a Virgin Money/MBNA credit card. Last payments/acknowledgement of debt were around July 2011. Aplins successfully put a charge on our property for the amount owing earlier this year, and they then sent a nice (for them) letter saying they wouldn't be enforcing a sale, and things went quiet for a while. However they've now sent a letter saying: " We are about to issue a Warrant of Execution against you. This will incur additional fees and costs which will be added to the amount you already owe. Unless you pay the amount of the Warrant the Court Bailiff will call at your address with a view to taking an inventory and levying on goods belonging to you." They then tell me to contact dlc to make payment or come to an arrangement. As they're pretty much guaranteed the money on sale of the house, I think this a strong course of action, and I am tempted to believe this is an idle threat, unless anyone tells me otherwise. Surely I could just point to the charging order and say I can't afford to make a payment? When the court documents came through re: the charging order I didn't contest or respond to them as I'd assumed (perhaps wrongly, it appears from reading these forums) that Aplins etc would have all their paperwork, CCA's etc in order before they took it to court. Also, I have not CCAd DLC as yet - is it too late to do this now the charging order is already in place? Any advice gratefully received as to the next course of action, we were going to write to them and offer to start making token payments, but a good afternoon on these forums has given me more stomach for a fight, and I'm now tempted to wait and see what they do next. Thanks in advance
  11. Hi, new here but wish Id found this goldmine of knowledge before! I have received this in the post today, I have to pay 197.66 by tomorrow or they will remove goods. The debt is from capital one to cut a long story short I lost my job, made the mistake of getting a debt company to start helping me sent letters and said that the debt would be reduced as it was not properly executed then they disappeared and I didnt follow it up. Stupid I know. I have been reading forums and it seems that I should have received some sort of court order previously but looking at my post all I have received is a few threats but nothing else. I think that I can apply for a set aside but dont really know how. The debt was about £800 but has now doubled and I wont have the 200 before the end of the year. Im working shifts so wil probably we woken up in the day but is there anything I can do?
  12. Hi everyone i had a parking fine from manchester city council(my car was a touch over the white line when i parked). I am a blue badge holder in recepit of dla and esa which totals £120 pw. I contacted manchester city council who were unhelpful from the start and told me it was not there problem and to contact northampton cc. Northampton cc told me the same and passed me back to Manchester cc. Now i have 5 days left to find £93...marstons told me in no uncertain terms they will take my car,i live with my mother and have no valuable goods of my own(all have been long sold since my illness). I asked could any amount be taken out of my benefit weekly and i was told "yes,the full amount of £93 and given to our balliff). Is there any other alternative to the one solution i have left which is to borrow off a door step lender which obviously i do not want to do as we all know how that could end up. Thank you for taking the time to read my message.
  13. The history Four years ago I received a pcn for a bus lane and when moving through the PATAS procedure, the local authority - Richmond - confirmed a 'discretionary' penalty distance of 10m existed at the end of the lane(s), which I had apparently violated by almost 4metres - which turned out to be untrue after revisiting and measurements/photos. On the day of the hearing Richmond failed to offer evidence to the contrary, actually not bothering to turn up at all. So, case dismissed and a lost day of work, plus another day in travel and compiling . The adjudicator said at the time that if I had put in an application for costs before the hearing I would have got them. Lesson duly learned. I do not travel much into Richmond anyway but on the odd occasion I will be at the same junction where there is no bus on the horizon, no cars are ahead in the lane, up to the lights, and everybody else is turning right, leaving a completely clear lane ahead of where I require to be to go straight ahead. The lights are phased in a way that at the point of the bus lane finishing, anyone starting from there as they go green will be caught by the amber/red for another three minutes, so in all the whole junction sucks, but hey-ho. Last year I did much the same thing as the first, ensuring I was well within the 10m zone, Once again, no bus/taxi/cyclis anywhere to be seen, no cars right up to the lights and no possible chance of obstructing anybody. I received a pcn a week later, which I duly replied to, citing the earlier instance and advising that if it was to progress further I would be applying costs. The response a few weeks later that there was no discretionary zone and no costs I could recover against the council for my time or stationery. I sent back a reponse, including a copy of Richmond's own confirmation of the 'discretionary' zone, plus a final warning that I would charge for time if this was persued based on the adjudicators comments after the hearing. Fast forward six months to this week, and no response from Richmond at any time in between, I have a letter from Phoenix of Bolton suggesting a warrant of execution was granted in November and they are now obliged to collect. The address on the envelope/letter is not mine, however as it has my name on the neighbour has dropped it off, and so I am assuming any earlier letters might have gone astray, or returned to sender. Odd, as Richmond orignally replied using the correct address, but that is not the point of my first post, neither is the discretionary zone as such. If Richmond confirms in writing that a zone existed, then later they state that it has never existed, should I be able to collate something via a solicitor that I can pass back to the bailiffs and local authority ? I appreciate the Bailiffs may have not been given any information prior to the warrant or instruction from Richmond, but since they are part of the jigsaw, are they obliged to adhere to the content of such a letter to stop them turning up on the doorstep with a further bill for their time ? Thank you for taking time to read this
  14. hi, could anybody tell me if this is a warrant issued by the court ive had 1 letter from bailiff asking for £385 i asked for a copy of the warrant also a breakdown of the charges this is all they sent its not a good copy ive done it as a photo as printer scanner isnt working, id be glad of any comments as i think the charges are exsesive, the bailiff only dropped the letter off saying they would enforce the warrent, hand deliverd, works out about £250 i dont think its a reasonable charge i also thought the warrant would have had a stamp or at least been signed, appreciate any help many thanx
  15. Hi Guys, I hope someone can help. I will be as clear as I can - the long and short of it is that I appealed a parking ticket as I was unaware that I had one until the baliffs came calling. All paperwork was sent to my old address so I did not get the opportunity to sort it out. The council dont want to know and I had a hearing at my local court to which they threw my appeal out. The baliffs are demanding £497 (for a £25 ticket) - I have written a letter to the baliff company as advised on one of the forums and stated that guidelines state that where the baliffs are dealing with a vunerable household (ie me) - they should refer it back to the council. I am currently not working as I have been made redundant (and having worked the last 20 years of my life solidly) - and am claiming income support for the first time in my life. I have now received a letter back from the baliff company stating that 'simply benig unemployed and in receipt of income support does not necessarily mean that you are a vunerable person in respect of enforcement action.' The letter goes on that the NSEA is not a legal binding instrument but guidance only. They are therefore going to continue enforcement action. I honestly cannot afford to pay them - the only real asset I have is my car and since we live 11 miles from school and essentially in the middle of nowhere I need trasnsport. there are no buses or trains here and I have three children. I am really worried now and would appreciate anyones help. Thanks so much.
  16. Several weeks ago I received a visit from a man form Rossendales explaining that we had an oustanding Council Tax bill that had been passed on to them and they had a Magistrates Order to recoup the money. I agreed to send an income and expenditure breakdown and come to an agreement over paying it in installments. I filled this in and sent it back. Today a man appeared on my doorstep with a piece of paper explaining that I hadnt kept to the deal, and he was here with the van. He told me I have to pay over 1200 pounds or he will be back with the van and the police. I explained that its not possible, and said that I could get 300 tomorrow, and he said, that he'll take that and give me to the end of the month to come up with the rest or it will be van/boys in blue/bye bye furniture/car. The piece of paper is form Rossendales and not the court. I explained that I'd sent the paperwork back, and phoned the office and was told its not their fault, and that i should have either sent it recorded delivery, or phoned to make sure it got there. I asked if I have any recourse to appeal, and was told that the only thing I can do to avoid them coming back and forcing entry is to pay the full amount by the end of this month. He said he was "being nice" by doing this for me. I was quite stressed out at the time, and didnt want to get into a confrontation that might make him change his mind and take the stuff there and then, so I kind of capitulated and said I'd have the 300 tomorrow and see what I could do about the rest. Is there ANYTHING I can do to get them to take the installment plan? Their paperwork says: "No further arrangements are acceptable and payment is now required in full by CLEAR FUNDS ONLY." I was helped out over a mortgage issue by some of the guys here a few years ago, and hope someone can point me the right way...
  17. I had a parking ticket from the London Borough of Kingston unfairly. I now have a company called Collect Services sending Bailiffs to my house. I asked for an execution warrant. The copy they sent me does not have a stamp from the courts. Can anyone advise me if this warrant is valid since I have never been in this position ? May also add that I did not receive a CCJ from the courts since the case was thrown out because the Council did not have a statement from me.
  18. Hello there,please can anyone help me with the following.... I have a debt that iv been ignoring now for a year....silly i know.... Iv had the court letters issud from Nottingham but didnt fill them in,then had the "Judgment For Claimant" letter from the court stating how much i owe and how much to pay each month.... I suppose iv been nieve thinking that there just fake court letters from Bryan Carter to frighten me.... I then got a letter this morning from Bryan Carter saying "WARRANTY OF EXECUTION"....there a warraant number after this.... This is when i googled for some explanation and came acrcos this site where iv read simmilar storys to mine....EG.the letter states YOUR ACCOUNT HAS NOW BEEN REFEERED FOR ISSUE OF A WARRANT OF EXECUTION....then it states the same warrant number at the top of the letter....and....THE BAILIF WILL NOW ATTEND AT YOUR PROPPERTY.... Reading some of the other posts it says that there cant be a warrant number as the account has been been refeered for one,and this is a trick to get you to call BRYAN CARTER which the replys say not to.... So upon reading some more replys,i called NORTHAMPTON County Court,i gave them the Claim No and they comfirmed the CCJ was issued against me and the dates/ammounts matched so the CCJ is legit.... I then told the clark about the letter from BRYAN CARTER and he said that there was no warrant issued.... At the bottom of the BRYAN CARTER letter it says that,If you are unable to pay in full then we may be able to aggree an instalment plan....then....You must contact us immediatly if you wish to avoid the Baliff calling at your house.... So my question is,even tho the CCJ is legit has BRYAN CARTER sent me this letter just to scare me into calling them to set up a payment plan in a similar way as in the past with other letters of a discount or setlment offer....? Ive read not to deal with BRYAN CARTER but only deal with the court but the court clark says there has been no warrant issued....So what next?.... Iv also read that if the warrant is issued by the court then i can susspend it for free as im on benefits?.... Id just like to be back at the stage where i have to subnit the court forms with my ins and out goings for the judge to decide how much i can afford.... Thankyou for taking the time to read my post....
  19. My friend started a business at the start of the year which I was helping him set up. He took out a 3 month license on an industrial unit which ended at the end of February and wasnt renewed as the business never really got off of the ground. I was acting as his advisor at the time due to having a bit of business knowledge and helped him through the process of finding a unit and also dealing with attaining the license for it. Fast forward to last week and I receive 2 Bailiff Removal / Magistrates Liability Order / Warrant Of Execution orders for Non Domestic Rates addressed to both myself and my friend T/A (his company name) totalling around £1700 and informing me that a bailiff had attended to remove goods from my property, the letters both referencing the local council authority which the unit was licensed. Being bemused but with an incling to it being something to do with the business I ring the council to ask what was going on and it turns out they had contacted the estate agent who was in charge of the license and had been (falsely) informed by them that myself and my friend had taken out a 6 month lease on the property dated from December 2011 to May 2012 and we were being chased for fees for this period. I quickly informed then that 1. It wasnt my company so why was my name even on the account in the first place? and 2. That the unit had only been taken for 3 months so why was the account being billed for 6 months? Being rather snotty she said that they'd been sending correspondance to the unit and other contact addresses and had no reply from us (obviously due to the unit having to be vacated) so proceeded with court action for the 2 outstanding bills but may be able to wipe them if we could provide them with a form which would entitle us to small business rate relief. She then emailed this through which I got my friend to fill out and took this to the council along with the license agreement which clearly states the agreement was with him and not me and only for a period of 3 months. The woman in the council office took all of this into the back office and then came back and said the original debt could be wiped but we would still have to pay around £120 in court fees and £283 to their bailiff. and that because they weren't informed in the first place that the business was my friend's and not mine also (this information they were falsely given by The Estate Agent) and that it had already been through court and that they wouldn't be able to take my name from the bill. I have 2 issues here: 1. That i've somenow become become liable for £400 for a business that wasn't mine due to the estate agent giving false information. 2. That both of these liablity orders were issued for periods the unit wasn't even occupied, one from the period 1 Dec 2011 - 1 Apr 2012 (the license was only up until the end of February) and another one from 1 - 14 Apr. Meaning the second one wasnt even valid in the first place but still has racked up fees of £60 court + half of the £283.50 for the baliff. I've spoken to my friend who's agreed to write a letter to the council and the baliff expressing that the business was his and not mine. Also stating that this been proven by them being provided a copy of the license agreement which was in his name and for them to stop contacting me and to take my name off of the bill. Will they accept this or ignore it and keep harassing me? From my estimations, the second bill was never valid in the first place and ontop of this, the bailiff has overcharged on everything so the charges should only be £50 tops for the baliff's lawful fees and £60 for the court fees for the first bill? Does anyone know how I should proceed from here?
  20. Hi all PLEASE could you give me a bit of help? I have had a Notice of Issue of Warrant of Execution, however it has been sent and addressed to the wrong flat. It has my name but is is addressed to Flat 2, I live in Flat 1. My friend who lives in flat 2 gave it me as it had my name on it. The question I am asking is it valid as it has the wrong address on, or can I just send it back saying "NOT AT THIS ADDRESS"? Thanks for any help,,
  21. First time poster so please be gentle! I've received a warrant of execution from the bailiffs for a debt I have no knowledge of. It's been sent to an address I've never lived at but is in my name-it's only by chance that I've received it. It appears a claim has gone through the county court without my knowledge, instigated by a chap I've had dealings with in the past. This chap harassed me by phone because I wouldn't evict one of my tenants quickly enough for him (he wanted to speed up an eviction making it illegal) and I refused. He threatened to visit me and have it out, even though I informed him I was 9 months pregnant. In the end, I had to call the police to warn him off. It seems he's got the address of the lady I used to do the eviction paperwork for me and made a claim against me for goodness knows what. By default he seems to have won. How on earth do I get this reversed? I've got until Monday when the baliffs act to repossess goods (albeit from an address I've never lived at). I've downloaded an N244 form and applied for the paperwork associated with this claim to be sent to me but any idea what to say on the form? I definitely don't want this guy getting my actual address-he's a lunatic, even the lady at the courts service when reading the paperwork commented that this sounded a bizarre claim. Any kindly folk with experience of filling in an N244 form that could advise? Thanks very much in advance.
  22. Hey guys, I've been a reader for a while taking in the advice on your forums - it's proved invaluable so far, many thanks to all and keep up the good work However, I'm truly stumped and was wondering if anyone would be kind enough to shed some light on the following.... I've just checked my MCOL site today I noticed that under my claim history it states that a final return for your warrant against Person X has been received on 01/11/10. This is after the warrant of execution was obtained on 13/07/10, following the defendant's refusal to respond to any court correspondence and subsequently entered judgement by default. The sum owed currently stands at 601 pounds. Firstly, I have no idea what 'a final return for your warrant was received on 01/11/10' means?? I've looked on hmcs and google, and cant see a thing about it?? Secondly, as the incident of pretty much fraud took place last november, is there any way i can speed things up at all? Thanks for any help you can provide. G
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