Help!!!

[Confused_Uk]

Please help me, just had HCEO at the door, about an unpaid debt.

 

He gave me some paperwork to say he's going to seize two cars on the driveway, but the cars don't belong to me, they belong to my sister, have done since September last year.

 

Told him this, all he said was 'She'll have to go to court to get them back'

 

Can he do this, she's going to kill me

 

I have no way of paying the debt off in full and he wouldn't accept installments, what can I do?

 

Please, please help me

[hallowitch]

you are going to have give more info to get help

is it for council tax, parking tickets E.C.T.the more info the better people can help

[Confused_Uk]

Sorry, didn't know what to put, just panicked

 

Debt is from a self build account from a Builders merchant, CCJ I think was obtained April 2008 and was transferred up in August last year

 

First had Balliffs turn up last year, but panicked and said didn't live here

 

He went away, and I thought it was over, stupid I know

 

Debt is now for £1900 which I don't have, original credit limit was £750 so lots of charges but own fault I guess, just want to know what I need to do, have no way of raising that sort of money. Balliff said they have a charging order against my house, and will force sale and make me bankrupt, as well as take both cars. Offered installments, but was refused was told to pay by tomorrow or that's it

 

Was also told Balliff came to my house in March, early in the morning, but no one, and no cars were here, but that's nonsense I was here, no paperwork was left then either

 

Now have paperwork saying cars seized, but haven't signed anything

 

Have had head buried in sand, and have ignored all post, now it's just bit me somewhere rather painful

[hallowitch]

i personally cant help you but hang in there and stop panicking (not easy i know)

i just wanted you to put more info on to give them a better idea of what they are dealing with and let you know you will get help

[felicity2009]

If he wants to 'seize' someone else's cars let him. However 'seizing' them and 'nabbing' them are two different things. Move the cars a few streets away or some place he can't see them. If he finds them nevertheless, your sister can apply to the court and get them back.

 

Was your initial credit secured on your house, and did you consent to having the matter bumped up to the High Court?

 

Just a stab in the dark here, but are the bailiffs Sherforce?

Edited April 22, 2009 by felicity2009

[Confused_Uk]

Thank you

[Confused_Uk]

Hi Felicity,

 

Even though there on his form I can still do that?

 

Dont want to cause anymore trouble, but if he takes the cars, can't get to work, nearest public transport is 5 miles away, so no way of getting to work, so really can't afford to lose them

 

Initial credit not secured on house, didn't know about it going to high court as had head firmly embedded in sand, and no it's not Sherforce, Lol

Edited April 22, 2009 by Confused_Uk
Typo

[hallowitch]

photo copy the v5 that proves they are your sisters cars

like felicty 209 said move the cars and if he comes tomorrow give him the v5 copy's and tell him like i said they are not my cars

[felicity2009]

Hi Felicity,

 

Even though there on his form I can still do that?

 

 

 

His forms are his own affair. He can write what he likes on his forms. He can write he saw Elvis riding Shergar in your driveway and 'seized' the pair of them. What his forms say are his problem, not yours. Unless you sign them.

 

Have you any idea on what legal basis he thinks he can get your house? Because I'm mystified. Did you see any charging order?

 

Here is what I would do. In this order..

 

 

1) Move any cars.

 

2) Pay the builders merchants if you can. Just the original amount. This must go direct to the builder. Do you have a way of paying them that they cannot refuse? Such as an account number you can pay into or online payment facilities. Perhaps they would take a credit card payment over the phone? (Might be best to not go into too much detail about what you are paying till after they've accepted it).

 

Whatever you do, you must not deal with the bailiff or his company directly unless someone with more experienced than me round here tells you you must. If you want to prove they are not your cars, the advice above is good, but I'd hand photocopies of the document through the letterbox without comment.

 

3) After the original debt is sorted out, you deal with the bailiff. His fees and charges are very likely illegal as this started out in the County Court. You did not consent to it being bumped upwards.

 

All communication must be in writing - recorded delivery letter or email.

 

Also the Data Protection Act is your Friend and you can get them to disclose all the information they have on you. You might wish to wait on that until they have well and truly incriminated themselves then see about getting some licenses revoked.

 

Once you have your hands on the info, it will be easier to see where to go from there.

 

There are people here better than me at remembering what specific fees for CCJ collection and things are. I know they are laid down in law, and a lot less that what you seem to be being charged. Which would make your bailiff a fraudster.

 

Think of it like this..

 

Its Open Season on someone shortly, but possibly not the person you suppose.

Edited April 22, 2009 by felicity2009
style

[Trader Jim]

From my own experience that was "Sherfarce", it seems that they can only collect the original debt and those charges made by the court plus a £45 fee.

If they are claiming charges for walking possession, valuations etc that have never happened and that you never signed for, they are acting fraudulently.

[felicity2009]

I propose we call them 'Sheerfarce' from now on

[Confused_Uk]

Hi Everyone,

 

Sorry not been back for a while but internet went down

 

Ok, so update is, I panicked, phoned bailiff and offered to pay £200 per month, am now waiting to find out if it's going to be accepted. I had nowhere to move the cars to, and my sister is definately NOT impressed, so they got me

 

Read something on here about stay of execution, is that something I need to do, also how do I find out if the amount is correct, have been phoning creditor constantly but can't get through, all I can remember is that credit limit was £750, know I owe it, but don't want to pay more than I have to

 

Many Thanks

[felicity2009]

Then send your creditor a cheque for £750 or anything really, and don't tell them what its for till after they cash it.

 

Could you explain more about the panic, I don't really get it. Like what exactly had you panicking and how ringing the bailiffs will help.

 

Sorry if that seems like a rude question, but I've seen people panic a bit over the years but I'm never quite sure what is going on. Most people on here are quite desperate when they arrive, but after a bit of research and counselling they sort of know the process for getting bailliffs off their back and they stick to it because thats what they want and the process works. Once in a while it doesn't happen but its usually because they weren't in and someone else answered the door or a similar cockup.

 

Is there anything we could have said that would have stopped you picking up the phone and offering your money to the bailiffs?

 

Feel free to ignore this question.

Edited April 25, 2009 by felicity2009

[Confused_Uk]

If I pay the creditor direct, then won't the bailiff come straight back?

 

Already made first payment to bailiff, next one due in about 3wks. Bailiffs have already written to me, saying that if they don't receive payments when due, they will start enforcement action

 

Panicking was because they had levied on sisters cars, and I have nowhere else to put them, live in a very small village, so no side roads to put them down, and on the letter it said they could return anytime

 

There probably was a lot you could of said, but I couldn't get online, so that's where it all went wrong

[hallowitch]

if you are paying the bailiff direct they take there fees first before they pay the debt

in your position i would write to sheerfarce and ask them for a screen shot of your account if you do that you will see exactly how £750 ended up £1900

[felicity2009]

If I pay the creditor direct, then won't the bailiff come straight back?

 

The bailiff will be coming back no matter who you pay. Sort of like a playground bully. But this way you pay less.

 

Already made first payment to bailiff, next one due in about 3wks. Bailiffs have already written to me, saying that if they don't receive payments when due, they will start enforcement action

First thing to remember is bailiffs lie. All the time. They are after the most fees possible. A nice shiny car wouldn't go amiss either. Even if you pay them for the next ten years, they'll stuff up their proceedures then claim you defaulted, stick on bogus fees etc. They are not interested in you paying off the debt, they are interested in you stuffing up. And they take their fees first. They do all this because you have a debt. They are on far more shaky ground if you do not. So clear it direct with the company.

 

Panicking was because they had levied on sisters cars, and I have nowhere else to put them, live in a very small village, so no side roads to put them down, and on the letter it said they could return anytime

Photocopy the log books or whatever else you have that proves your sister owns the cars. Hand this through your letterbox next time they call. Personally, I'd also stick photocopies of these next to the tax disc.

 

This will make the bailiff very sad. He will probably have a tantrum. Do have a video camera ready as many people will find this entertaining.

 

If fact, I think we ought to run a competition for the best tantrum by a bailiff caught on camera.

 

Don't open your door though, film through a closed window.

[Confused_Uk]

Ok, will try phoning creditor and/or bailiff again on Monday, they are shut for the weekend, to see how much original debt was before fees added.

 

Would this be the amount the CCJ was for, because I haven't seen that either. What about N244, I spoke to NDL because I couldn't get on here, is that still worth doing even if I approach creditor direct?

 

Do I need to get my sister to do a sworn statement over her cars, or will bailiff accept the photocopies? Even if he does lie first. Will try to get a video of this

 

Ps It's not SheerFarce it's Andrew Wilson

[felicity2009]

Unless you are able to record your calls, don't phone. Email.

[hallowitch]

don't phone the bailiff send an e-mail asking for a screen shot of your account and then put it in writing send by recorded post

if it was me i would wait till i got the screen shot from them before i sent anything

as for the rest sorry i haven't got clue tomtubby always recommends a screen shot if you got bailiffs fees

[Confused_Uk]

Sorry to sound dumb, but what's a screenshot?

 

I am able to record calls, if I needed to

[hallowitch]

it tells you how much the bailiffs has been asked to collect what the charges are for that have been added how much each charge is and when they were added

if i was you and i could record the call i would phone them:D

[Confused_Uk]

Ahh, simple really, Lol

 

Will phone them on Monday then, and see what they say

[Confused_Uk]

Ok, Latest update,

 

Phoned Creditor amount owing to them is £777, phoned Creditors Solicitors CCJ was obtained in April 2008 for £1049.10.

 

When CCJ was passed to Bailiffs it had increased to £1150.08, this was Sept 08.

 

Have phoned Bailiff company to be told file is with the bailiff, I have to call him, they have no information there at all

 

Don't really want to talk to him again, so I am going to email them asking for details of all fees and charges, is this the best way to do things?

 

Total amount outstanding at the mo is £1813.74, have also been told by solicitors bailiff is allowed to add interest at 27p per day, and that they have accepted my payment proposal of £200pm but they will not take payment direct

 

Hope you can help

[Confused_Uk]

Ps Forgot to add, all calls were recorded

[Confused_Uk]

Ok, have emailed Bailiffs, asking for details of costs, don't expect to hear back from them, Lol

 

Getting technical now, I've been reading on this site that fees for bailiffs for enforcing a CCJ is £45 to cover all visits, is this correct, I know he was an HCEO, and CCJ has been transferred up, but is it still a CCJ, or does it have a new name, and therefore new fees.

 

If this is correct, allowing for interest, they've added fee's of around £600 Nice work if you can get it, Lol

 

Tempted to phone Solicitors back up, and tell them I will pay them direct, but not Bailiffs, what would the bailiff do then, apart from get very cross?