Debt Enforcement Officer Seizing Goods

[TonyElyod]

Letter thru door from DEO stating £10,600 debt from previous company I worked for AXA SUN LIFE.(Debt was originally £6000...signing On Fee/Carrot to Work for them)

CCJ issued in March 2008.

No correspondances from anyone, since became a debt in Aug 2000.

Im Renting & in receipt of Benefits.

No Income..No Assets....Just Scared to Death of Visit.

Wife is disabled(Have kept it from her)

 

What can I do??

Thanx in Advance

[Helford]

Bump!

 

 

Someone will be along to help shortly!

 

 

P.S. I worked for the same Group for 24 years plus and left them a good while back. They still owe me £2K in wages, I'm just about to sue them!

 

H

[robin9342]

I'm not 100% certain on this, but I think this may be statute barred after 6 years. Anyone?

[tomtubby]

Letter thru door from DEO stating £10,600 debt from previous company I worked for AXA SUN LIFE.(Debt was originally £6000...signing On Fee/Carrot to Work for them)

CCJ issued in March 2008.

 

Was CCJ issued by default (ie: you did not respond) or did a hearing take place?

 

No correspondances from anyone, since became a debt in Aug 2000.

 

If summons issued in 2008...you should have responded to say that the debt was statute barred (ie: the 6 year limitations rule)

 

Im Renting & in receipt of Benefits.

If so, you need to complete an N244 Application Notice to set-aside this CCJ. Due to your benefits, you should be exempt from court fees. You will need to complete an EX 160 Form.

 

 

No Income..No Assets....Just Scared to Death of Visit.

Wife is disabled(Have kept it from her)

 

The only person who should be contacting you is a County Court Bailiff regarding the CCJ. This will CEASE once you complete the N244 to set aside.

 

If you need help in completing this please do let me know.

[TonyElyod]

I found out about CCJ only after contacting County Court Bailiff on receipt of Seizure notice thro door 2 days ago.

Several people seem to think it is Stature Barred,

I am to complete N244 but am concerned about time scales & house visits.The only really asset I have is my car (£1800),I need this for my work and am worried it will be taken.

Im expecting a visit on Monday.

I havent slept for the last 3 days, & Im at breaking point.

[TonyElyod]

Just a thought Can I offer somekind of payment to keep Bailiff away for a few weeks, in order for me to complete and send N244 form to court, or will that void the "Statute Barred" case???

Also as these Bailiffs are acting for court & not independant, can anyone tell me are they "Human" & can be approached or do they get commission on assets they confiscate etc...

[sillygirl1]

Once you have submitted your N244 all contact from bailiffs should cease, the court will inform the relevant parties of your submission.

 

As you are on benefits and your wife is disabled you should be classed as vulnerable and there should be no visits regarding this. Try and get to see your Citizens Advice who should be able to help a lot.

[Rooster-UK]

Do not offer any payment. By doing so you will be acknowledging the debt, which could prevent you from claiming statute-barred status.

 

You will be wasting your time trying to appeal to a bailiff's better nature.... they don't have one. Their only interest is in seperating you from as much cash as they possibly can.

 

Get the N244 in asap. Meanwhile, do a disappearing act with your car. Then, do not open the door to any bailiff. They cannot force entry without a warrant. By the time that they have that, your N244 form should be doing its magic.

 

Regards, Rooster.

[TonyElyod]

Thanx peeps for on going advice.

CCJ issued in Liverpool & then tfr to High Court In London re Bailiffs.

 

Do I have to complete N244 form for Liverpool to have CCJ "Set Aside", and ALSO complete N244CC for "Stay Of Execution" to stop bailiffs..

or will N244 to Lpool Suffice.???

 

Also what time scales for Bailiffs to be called off are we looking at?

 

Thanx Guyz

[TonyElyod]

Ps.I have other debts from 2000, (Totalling £15k).

All creditors are being paid token ammounts due to me not being able to afford anymore.

I have been advised it may be beneficial for me to delclare bankruptcy,

Any suggestions would be helpful

Thanx

[kermit2482]

Ps.I have other debts from 2000, (Totalling £15k).

All creditors are being paid token ammounts due to me not being able to afford anymore.

I have been advised it may be beneficial for me to delclare bankruptcy,

Any suggestions would be helpful

Thanx

 

 

If you dont own your own house and dont have any assets then i would say personally that bankruptcy sounds like an ideal solution, however dont take this decision lightly and if you do decide this route is best then seek advice from your local CAB

[tomtubby]

As Kermit has confirmed bankruptcy could well be the best option, but I would always advise that bankruptcy SHOULD BE PLANNED. Do not rush into it.

 

This debt has been transferred to High Court Enforcement Officer and the fees will be very large indeed.

 

Personally I would say that this debt is statute barred. You need to file an N244 in the County Court where the CCJ was issued.

 

Do NOT agree payments .

[TonyElyod]

The only asset I have is my Car £1500-£1800..Im self emp and work part time due to caring for my wife etc.

Im TERRIFIED they will take my car.

I havent slept for 3 nights and have been physically sick several times as I cant seem to keep my food down.

I know I can speak to CAB om Monday, but its the time scale of things.

I dont want to leave the house & leave my Family vunerable.

I have no Garage & am concerned that they will look in neighbouring streets to find it.

My earnings are less than £5000 pa & I have No capital.

I receive Housing Benefit & FULL Council Tax Benefit & Child Tax Allowance.

Shall I put this in writing to them or "WONT THEY CARE"?

[sillygirl1]

You need to contact the court and let them know your income is made up of benefits - they should care but unfortunately the dodgy bailiffs seem to think that everyone has '42inch plasma screen tvs in each room and holidays abroad four times a year'.

 

I think you will also find that once the court knows the nature of the debt it may be thrown out - that the debt is also statute barred should be brought to their attention.

[TonyElyod]

I have been sent a letter re

You have contacted me regarding the account with the above reference number, which you claim is owed by me.

I do not acknowledge any debt to you or any other company or organisation that you claim to be representing

 

I would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

 

The debt was made over six years ago and no further written acknowledgement or payment has been made since that time.

Unless you can provide evidence of payment by myself or written acknowledgement of the debt from me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any court action against me to recover the alleged amount claimed, and should you try to proceed with court action I must inform you that I shall vigorously defend this action in court citing Section 5 as part of my defence.

 

The OFT Debt Collection Guidance states that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statue barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”, which again should you try and proceed to court I will also use this as a defence.

 

I await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

SHALL I SEND THIS TO THE dca OR IS IT TO LATE

 

 

[sillygirl1]

Its probably too late but its worth a try. DCAs don't 'go by the book' either (allegedly).

 

Try contacting your local MP about this they might be able to stop the bailiffs in their tracks. At least by complaining loudly and longly at the authorities they might be aware that this debt shouldn't even have gone to court.

[tomtubby]

As I have said earlier, these are NOT DCA's they are High Court Enforcement Officers. There is a huge difference.

[TonyElyod]

Thanx people for help over the past couple of days.

N244 handed into court.

Kept wolf away from door.

Awaiting Court Date Now....

I will keep u all posted:)

[letsmakeamark]

Everybody has to remember this. As soon as a n244 application is made any enforcement action is automatically suspended pending a hearing. Although you could be waiting for upto 6 months for a hearing date.

[TonyElyod]

enuff time to move again..lol

[TonyElyod]

New Line Of Enquiry....

Debtors solicitors inform me I have been paying £5.00 per month since 2001.(Have over 8 debtors also at this time, ALL accepting token payments since this time)..

I cannot find any correspondances to this payment.

 

If they cancel our agreement of payment (in the last couple of years ).where do I stand on this?

 

Thanx