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    • If anybody has any advice here, it would be greatly appreciated, I already suffer with pre-existing disabilities & have struggled with this so far. 
    • so return of goods order etc etc read upload  scan pages to jpg, redact in mspaint. the convert to and merge to one mass PDF  read upload and use the online listed sites for all 3 stages. do you want to keep the car? i will guess this was a manual paper claimform direct from the co.court or was it org sent from salford bulk processing and has just got reaq ssigned?      
    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue –  29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM 1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached  2.  The price of the goods was £15,995.00. The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month. 3.  The following were expressed conditions of the set agreement, Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us. Clause 9.  Effect of Us Terminating Agreement 9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate 4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:- a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement  number xxxxxx. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     The total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by First class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges 5.  At the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage. Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024  What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg  
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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Hi

i am also being harrassed by phillips

constant voice texts to my landline

threatening to bring a locksmiths to change the locks so they can gain entry to my home

they have told me that they are court bailiffs and have more rights than i can imagine

i have tried to talk to them on several occasions to make an arrangement plan to clear the debt with an amount that i can afford to keep to my debt is £440 court fine

i am on benefits and just can not physically pay what they are demanding of me

when the bailiff came to my home in march

he was shouting at me and calling me names from the bottom of my drive so all my neighbours could hear what was going on

 

i am desperate for some help on this matter and all advice is greatfully received

thank you x

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Hello and Welcome, catalice.

 

I'll move your post and mine to start a new thread for you.

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Hi

i am also being harrassed by phillips

constant voice texts to my landline

threatening to bring a locksmiths to change the locks so they can gain entry to my home

they have told me that they are court bailiffs and have more rights than i can imagine

i have tried to talk to them on several occasions to make an arrangement plan to clear the debt with an amount that i can afford to keep to my debt is £440 court fine

i am on benefits and just can not physically pay what they are demanding of me

when the bailiff came to my home in march

he was shouting at me and calling me names from the bottom of my drive so all my neighbours could hear what was going on

 

i am desperate for some help on this matter and all advice is greatfully received

thank you x

 

OMG, Not another Philips Complanit ! Sorry to hear about your problems, ive experinced simialr problems with this company, i would recomend you keep all communication into this matter to assist you in exausting every complaint avenue.

 

For starters, keep everyone informed on this Website of your problems, inform the Cheif Executive of Philips directly and also the OFT, here are the details to assist you:

 

Philips Collection Services Ltd

 

PO Box 152

Darlington

DL3 9WT

 

Contact: Mr N Bradley

 

Phone: 01325 387 400

Fax: 01325 383 887

 

Email: [email protected]

 

Link: www.philips.org.uk

 

 

Office of Fair Trading contact details:

 

Philips Collection Services Limited - Licence Number 0491286

 

[email protected]

 

Hope this helps and you manage to get your matter sorted.

The retailers worst nightmare !

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Thank you so much

But what do i say to them?

I know i owe this money even if i did not receive the court summons and then did not receive the fine from the courts

 

my situation at the time was i was living with an alcoholic violent boyfriend who spent nearly all our money of cider he had beaten me twice resulting in my having to have hospital treatment blacked my eyes broke my thump and other cuts and bruises the second time the police came and took him away and ordered an ambulance for me

i have tried talking to phillips on the phone on several occassions (premium rate phone number) but no one will help me they just keep demanding the account be paid in full

i offered to pay them £5 a week even though this is more than i can currently afford but they insisted on £40

they have visited my home twice

once when i was out once when i was home

the bailiff that came when i was home was a very big guy and not very nice shouting at me on my doorstep so my neighbours could hear and calling me names

im a single parent im not trying to get off paying the fine for non tv licence but i want the chance to pay it off at an amount that i can afford without having to go without food for myself and my son

 

i have no idea how to write a letter to phillips or to OFT

i do not know where to turn any more

my family cant help me as my mother is disabled my dad looks after her so they too are on benefits

please if someone can help me to draft the letters i would be very greatful

 

Cat x

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Thank you so much

But what do i say to them?

I know i owe this money even if i did not receive the court summons and then did not receive the fine from the courts

 

my situation at the time was i was living with an alcoholic violent boyfriend who spent nearly all our money of cider he had beaten me twice resulting in my having to have hospital treatment blacked my eyes broke my thump and other cuts and bruises the second time the police came and took him away and ordered an ambulance for me

i have tried talking to phillips on the phone on several occassions (premium rate phone number) but no one will help me they just keep demanding the account be paid in full

i offered to pay them £5 a week even though this is more than i can currently afford but they insisted on £40

they have visited my home twice

once when i was out once when i was home

the bailiff that came when i was home was a very big guy and not very nice shouting at me on my doorstep so my neighbours could hear and calling me names

im a single parent im not trying to get off paying the fine for non tv licence but i want the chance to pay it off at an amount that i can afford without having to go without food for myself and my son

 

i have no idea how to write a letter to phillips or to OFT

i do not know where to turn any more

my family cant help me as my mother is disabled my dad looks after her so they too are on benefits

please if someone can help me to draft the letters i would be very greatful

 

Cat x

 

Sorry to hear about your problems, basically and in simple terms Philips are harasing you, this is against a number of practices, whilst i am not upto speed on the specific practices im sure someone will explain these.

 

You have mentioned that the debt is regarding Tv licencing, even though it is from a long time ago, give the Tv Licencing a ring explain the probs your having with the DCA and your personal circumstancies.

 

With regard to the letter, just write down what youve put above including dates etc, ask them to stop harasing you etc, investigate your complaint etc and tell them you will wait for there reply.

 

Philips, do beleive it or not have a complaint procedure, they are very reluctant in mentioning this and sending out a complaint form, ask for a form, but the email above is direct to the Cheif Executive so i am sure he will respond, a lot of communciation sent to Philips i belive are not seen by the higher management untill the complaint has been escalated with the company they are acting for, example - i sent Philips approx 4 letters complaining, received just one reply, a computer genarated one ! i then complained to the company who they was acting for, in my case it was my local authority, they invetigated the matter thoroughly and responded to me with an apology from them and from Philips, the council refused to withdraw the use of Philips, after i exausted the councils complaint procedure i contacted my local MP with my story, this is currently progressing, i have also now received a further indepth written apology from Philips for the inconvenience etc they caused my family and i, they also enclosed a cheque as a further sorry ! think it was to keep me quiet but it has only made me more determined for my voice to be heard.

 

I know its difficult and extremely stresfull, your in good hands on here, ive only been a member for a few weeks, but it has boosted my confidence lots, the only way the DCAs will keep me quiet is if they kill me ! dont like saying that but thats how strong i feel, give as good as you get !

 

Hope the info helps, shout out if you need anything.

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The retailers worst nightmare !

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Big Boss Man is right, take a look here

 

http://www.oft.gov.uk/shared_oft/bus...dit/oft664.pdf

 

I would complain to the OFT about Phillips bad debt collection practices. Tell them you are complaining about their aggressive collecting methods, refusal to discuss a realistic payment plan (that you are on benefits)and that the bailliff shouted at you in public, calling you names- tell them what names he called you.Tell them you are afraid of the bailliff - do you have his name?

 

Write to the bailliffs and tell them that as you are on benefits you can only pay £xx a week(make sure it is a figure you can afford even if it is only £1) - tell them you have made a complaint to the OFT

 

cas

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Big Boss Man is right, take a look here

 

http://www.oft.gov.uk/shared_oft/bus...dit/oft664.pdf

 

I would complain to the OFT about Phillips bad debt collection practices. Tell them you are complaining about their aggressive collecting methods, refusal to discuss a realistic payment plan (that you are on benefits)and that the bailliff shouted at you in public, calling you names- tell them what names he called you.Tell them you are afraid of the bailliff - do you have his name?

 

Write to the bailliffs and tell them that as you are on benefits you can only pay £xx a week(make sure it is a figure you can afford even if it is only £1) - tell them you have made a complaint to the OFT

 

cas

 

ere ere ! well said and great link !

 

Just wish i had found this site earlier !

The retailers worst nightmare !

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here is the letter that i have sent to phillips i have also sent a copy to OFT and a copy to myself i just hope there wasnt too many spelling mistakes and that i worded it correctly :(

 

 

Dear Mr N Bradley

 

 

I am Writing this email to you in the hope that you can help me please

I have been fined by magistrates court for not having a TV licence in december 2007

phillips has been passed the debt for collection of said fine phillips reference number 1526977

I have been bombarded with constant telephone voice texts asking me to call phillips urgently on 0844 800 4588 when i have done this as requested to try and come to some arrangement to pay the debt that i can afford i have been told that they will not accept less than £40 a week

i am a single parent on benefits and the only way that i can afford to pay this amount is if my son and I go without food, gas, electric or a roof over our heads.

I am not willing to put my son through this again as we have been homeless and had nothing except the clothes we had on due to escaping domestic violence in january 2008

On 18th February 2009 i got home after collecting my son from college to find a letter put through my letterbox this letter was not put in an envolope and my son read it so i have had to explain to him what has been happening

I called phillips immediatly on this date and tried once again to set up a payment plan and i paid them £10 off the debt (which i could not afford) i did this to show them that i am willing to pay but that i need some leeway they accepted the £10 and then told me that i have to pay them £40 a week and that they can not accept any lower than this.

i repeatedly told them that i am on benefits and that i had recently lost my job through illness all to no avail.

On 11th March i received another visit (again this visit was not prearranged with a time and date) the man that came to my house saw that he was distressing me and indeed told me that he had made a note of my distress when i told him i had no money and that i am happy to make an installment plan with him for the debt he told me that wasnt good enough and that he can have the locks changed on my home he asked me if the car on my drive was mine i told him no it isnt it belongs to my father who has lent it to me as i can not afford one of my own.

we got into a heated arguement in which he became abusive and started to shout at me in the street so all my neighbours could hear what was going on i found this even more distressing and very embarressing

I tried to tell him that i had rang CAB for advice and he told me he doesnt give a f**k what CAB told me he has more rights than i could imagine as he is a court bailiff he said that he will be back with a locksmith to change the locks on my home and seize goods from the property.

As he was walking down my drive he shouted=2 0names at me calling me a big mouthed little tart and to go and get some clothes on (i was dressed as i am not in the habit of answering my door naked)

As he was getting into his car he told me he was having that car even after i told him that i can prove the car is not mine and he took down the registration number of the car.

I have received more telephone calls since this day and more letters telling me that

 

"Unless the full amount including costs (as shown above) is paid IMMEDIATELY we may make attendances to your premises on any day at any time without further notification

we may attend your premises with a locksmith to remove any siezed goods (as in accordance with the law), even in your absence.

 

If you continue to ignore you responsibility to pay this fine we may recommend to the court that they issue a warrent for your arrest due to your wilful refusal to pay."

 

Now I have not refused to pay the debt I just have not got the means to pay it in full I am seeking advice from CAB next week if they can fit me in and i am asking that you please hold off until i can get legal advice and a representative to help me get this sorted.

 

I hope that you will deal with my complaint about the phillips representatives that have been to my home and phoned me.

I had a telephone call today (05/06/09)again from phillips asking me if i was going to pay the debt i told him that i am on benefits and that i do no t have £440 and could we not reach some agreement for me to pay it in installments

he said no and informed me that i was getting another visit i asked him not to send the last person that came as he was abusive and he hung up

 

I am more than happy to make reasonable installments to pay my fine at an arrangement that i can afford i am happy to fill in a means test form with incomings and outgoings to show what i have left over and then i will be offering half of what is over to pay the fine.

 

I am also sending a copy of this email to OFT

And i further request that in future all correspondence from phillips be done in writing please i will no longer be accepting phone calls or visits from phillips

I hope that we can sort this out without further distress as this is making me ill

 

Edited by catalice
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Hi catalice

 

Phillips are an independant baillif company. I think you can make a complaint at the court about this baillifs behaviour. I think it is called a form 4. I have read this on the forum but I will have to try and find it again. Apparently a form 4 complaint will show up when they renew their licence with the court. I will check this out.

 

I have never dealt with phillips- i dealt with another company for my son-seems to me they dont like it when you learn your rights and stand up ot them

 

But you are in safe hands with Tomtubby helping you!

 

cas

 

www.consumeractiongroup.co.uk/forum/bailiffs-sheriff-officers/115030-how-complain-court-about.html

 

courtesy of Tomtubby

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thank you Cas

 

i rang the court that issued the fine yesterday to see if they would take it back to court and i could stand before the judge

to be informed that this was impossible as a distress warrent had been issued

what is a distress warrent?

what is the legal rights of the bailiff with the distress warrent?

can they break into my home?

even if they have never been inside before?

i darent leave my house incase i come back and they have taken everything

 

Cat x

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Cat

 

what is the fine for?

 

cas

 

http://www.dca.gov.uk/enforcement/agents02.htm#part10

 

They can break if there is a distress warrant(it is an order from the court to collect payment) - because you are on benefits you are classed as a vulnerable person have a look at the site in the link above

Edited by cas93
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not having a TV licence

 

my situation at the time was alcoholic violent boyfriend who had put me in hospital twice

he used to spend all our money on cider so we didnt even have food in the flat

I didnt even know that it had been taken to court as i didnt receive any mail due to the boyfriends actions

apparently it went to court december 07 i ran away jan 08

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well i read it 4 times and still dont understand it :(

i am classed as a vulnerable person

can they still break in?

 

how do i find out when a distress warrent was issued?

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Cat

 

you are classed as a vulnerable person if you are:

 

unemployed

a single parent

 

I would definitely put a complaint in about the bailiff to the court. Also complain using Phillips own complaints procedure

 

Write (or e-mail) Phillips with your offer of payment, making it clear you are vulnerable due to your circumstances listed above. You dont need to include the personal info abour your problems, I dont think they will take any of that into account. Stick to the facts:

 

 

offer of weekly payment

vulnerable due to unemployed and single parent (I am presuming here!)

 

I am not sure what else you can do - hopefull someone with more knowledge will eb along soon to offer help

 

cas

 

when you rang the court and they told you there was a dw didnt they tell you when it was issued? If not ring them again to find out when.

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thank you Cas

I will ring the courts monday morning to find out when it was issued and why wasnt i informed of it at the time

i have read that the enforcement officers (bailiffs) have to keep the debter informed of every single action or did i read that wrong?

 

also i have all the letters that they have sent to me via post (all being exactly the same)

and i noticed there is no dates on the letters

not only that but also the 2 letters that i have NOTICE OF ATTENDANCE

do not have the bailiffs names on them

i am assuming that since the first NOTICE OF ATTENDANCE is dated 18th feb 09 that the distress warrent will have been issued before this date?

 

yes i am a single parent on benefits

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Cat

 

http://www.pilesadvice.co.uk/magistrates_icant.htm

 

 

 

itsays here that if you have been ordered to pay an amount by the court and then your circumstances change you should notify the court immediately. I know your shavent changed but it does mention having small payments deducted from your benefits I think you need to read up on here. Did you receive any notification of court action?

 

cas

Edited by cas93
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No not a thing

the first i knew of the debt was receiving a letter from phillips

but as i can not prove this i will not be listened to :(

 

if phillips could find out where i lived why couldnt the courts?

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lol

 

it should be bailliffadviceonline but when i copy and paste the link it comes up with teletubbies!!

 

I think you should ring the court and explain your problems about not having notification etc.

 

I tried to sort out same situation with my son, but they were not helpful, he was on a very low income and they wanted unrealistic payments. Maybe it will be different as you are on benefits

 

cas

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