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    • 12+2 working days.   a dca can't hurt you credit file any more anyway.   only the original creditor can issue and register a default, on or before the sale of the debt.   what the dca put in the calendar section is immaterial as only you and them can see it it does not extend the 6yrs period whereby the debt shows on your file and after which the 6th defaulted date's birthday causes the whole file to removed regardless to paid or not, paying or not......makes no odds. it still goes, but might still be owed mind, depending upon the contents of the CCA return.   dx  
    • Hello   I agree with dx100uk.   Send them a CCA request which is a request for them to produce the original agreement that gives rise to the debt.  They have a limited amount of time (I think around fifteen days) to send you the document.   Here are the possible follow-ons from that:   1. They don't respond within 15 days and so you are legally entitled to stop paying until they do send a response. 2. They send a letter saying they have gone back to the original creditor to ask for the document and they need more time.  You (legally) stop paying after fifteen days and don't pay them again until they send proof. (This is the most likely first response as they wont have any of your documentation as they bought your debt as part of 1000 others on a spreadsheet on a CD ROM or USB stick). 3. They send you something that looks like a contract or which might be something else that they want you to think is the contract within the time frame.   After either of the above  whatever they send you should be referred back here for an assessment as they will often send you unsigned documents or made up bits of nonsense.  Even if the contract turns out to be the genuine one it still might not be enforceable due to errors made by the creditor at the time of signing.   The only potential downside to the above is that they could try to damage your credit record but probably it is as much damaged as it can be by this debt already so nothing else they can do will make it worse.   Following on from the above you can continue to not pay them.  I would setup an on-line savings account and pay yourself the money instead which has the advantage of creating a resource in case you need to resume payments in the future.   They may send you further letters either inducing you to resume payments by threat or by offering you a deal.  If the document is not valid then the only deal you need to take is the one you unilaterally entered into at T plus 15 days when you agreed with yourself not to pay them another penny.   It is not impossible that they will send you a letter saying the debt is unenforceable (miraculously I have actually seen one!) and asking you to pay anyway which you will of course ignore as you should not be giving any member of this low life industry any encouragement.  
    • I agree and I've no doubt that will happen in the future, but if a court claim is issued and a ccj successfully registered against the debtor then it will never be sb anyway, so are we more likely to see more court claims in the future ?      Can it not work both way though, if the sb date is ultimately aligned to the date of the default notice, essentially giving the creditor 6 years to collect or issue a court claim then regardless of when the debt was last acknowledged / payment made, a debtor could just tell the creditor to eff off after the 6 years is up, figuratively speaking     
    • Received acknowledgement of defence submission from court. VCS now have the option of continuing their claim or not. Watch this space !!!!
    • Yes it doesn't work HB  In Wales someone needed a test on a Sunday, the testing station at Llandudno Hospital was closed, so they could either go to Manchester, 75 miles, or Cardiff 200 miles and a 10 hour round trip.   But as Manchester is England no guarantee on getting test results.
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My local council insist I have to deal directly with the bailiffs. The bailiffs , Ross & Roberts of Somerton , Somerset, insist I pay at least £50 per month despite the fact my wife is only working about 25 hours a week , and that we are awaiting a decision on what tax credits we will be getting.

Also , I heard somewhere that anyone on certain medications are exempt from getting a visit by the bailiffs. Is this true ? I currently have a heart condition that is controlled by regular taking of beta blockers.

Any info would be greatly appreciated.

Incidently , my local authority is the South Hams District Council , based in South Devon.


Light travels faster than sound.............that's why some people appear bright until you hear them speak

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hi santa maria is always a good idea to start your own thread

because of you are ill you may come under

national Standards for Enforcement agents

May 2002

 

 

Those who might be potentially vulnerable include:

  • the elderly;
  • people with a disability;
  • the seriously ill;
  • the recently bereaved;
  • single parent families;
  • pregnant women;
  • unemployed people; and,
  • those who have obvious difficulty in understanding, speaking or reading English

write to the council and ask them to take the debt back because of this (send proof doctor or hospital )

there is no law saying you have to deal with the bailiffs the council are responsible for all bailiffs actions because the work for the council as there agents for the collection of council tax

explain to the council that the amount the bailiff is asking for is unrealistic in you present financial circumstances and you will not enter into an agreement that that you know you will default on and any default will result in more charges being added to the debt by the bailiff

 

and keep a very close eye on any bailiffs charges

I'm sure you will have read a few threads and know to keep door locked car away from house E C T it is also always a good idea to your M P involved

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My local council insist I have to deal directly with the bailiffs. The bailiffs , Ross & Roberts of Somerton , Somerset, insist I pay at least £50 per month despite the fact my wife is only working about 25 hours a week , and that we are awaiting a decision on what tax credits we will be getting.

Also , I heard somewhere that anyone on certain medications are exempt from getting a visit by the bailiffs. Is this true ? I currently have a heart condition that is controlled by regular taking of beta blockers.

Any info would be greatly appreciated.

Incidently , my local authority is the South Hams District Council , based in South Devon.

 

Pretty much what Hallowitch has already said. Although to add a bit extra, you can make an offer of payment directly to your Council and they are required by law to accept it. If they say you have to talk to the Bailiff's then they are talking utter rubbish. Another example of ill informed individuals thinking they know what they are talking about and trying to scare the little guy. (Amusingly I've had Virgin and Welcome Finance try that with me today lol)

 

Stick to your guns and tell the Council that you know that they are required to accept any offer you make to them and they can not refuse it. If they still get belligerent then demand to speak to a Superior. The points you have raised with Hallowitch has mentioned are extra ammunition you can use.


__________________

Capital One - Took them to court and they settled for the full £998

Aqua - Threatened legal action, they refunded the whole £424

Barclaycard - Threatened legal action, they refunded the whole £636

RBS/Universa - 1st letter sent, settled for £132

Virgin Media - 1st Judge great....second Judge couldn't even be bothered to read the case details

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Have started a thread for you here.


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Hallowitch and Echowitch , thank you both very much indeed. It's through people like you that make forums such as this vital for people like me !!

I realy didn't have a clue as to how to handle this , but now I have a plan of action that Iam going to follow. I will let you know how I get on , and once again , thank you.

S.M.


Light travels faster than sound.............that's why some people appear bright until you hear them speak

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Guest Happy Contrails

Santa Maria, you might find this interesting: http://www.dca.gov.uk/enforcement/agents02.htm#part10

 

If you want to make some noise, here's something to get you started.

 

The Omnipotent Bailiff Co, Plc

Their Address 1

Their Address 2

Their Address 3

Postcode

 

DATE

 

Dear Sir/Madam

 

Re: Your visit to [1st LINE OF ADDRESS]

 

I write further to your visit by your bailiff and confirm I have been medically declared by a doctor to be a vulnerable person for the purposes of civil enforcement in the meaning of the National Standards for Enforcement Agents directives.

 

Where a debtor falling into a vulnerable persons category is discovered by an enforcement agent, the matter shall be referred back to the court and no seizure of goods may proceed.

 

This document is delivered by Royal Mail and I deem it good service upon you by the ordinary course of post under Section 7 of the Interpretation Act 1978. It is your responsibility and in your best interests this letter is handed to the relevant person within your organisation.

 

Yours Faithfully

 

 

YOUR NAME

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Santa Maria, you might find this interesting: http://www.dca.gov.uk/enforcement/agents02.htm#part10

 

If you want to make some noise, here's something to get you started.

 

Thank you Happy Contrails ! I have done as you suggested , and copied the letter. My big mistake was letting the bailiff into my home , but I did not know the score. On the papers the bailiff gave me , one section said NOT to make any payment directly to the council as they would deem it a failure to pay and take the appropiate action. Yet some members have suggested that I can do this..............my head is in a twirl !!. Can I do this , and does the council have to accept.

ANY advice would be most gratefull.


Light travels faster than sound.............that's why some people appear bright until you hear them speak

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Guest Happy Contrails

Yes and yes & send this to the council.

 

Council Tax (Enforcements) Department

Invincible Borough Council

Address 1

Address 2

Address 3

Postcode

 

[DATE]

 

Dear Sir/Madam

 

Re: [YOUR NAME & ANY REF]: Visit by your bailiff on [DATE]

 

I have had an opportunity to seek advice and I write on the understanding that case law has ruled an authority is liable for its bailiffs.

 

I write to confirm I am classed a vulnerable persons for the purposes of civil enforcement by the National Standards for Enforcement Agents issued by the Department of Constitutional Affairs. I am heavily pregnant and I understand that enforcement action must cease.

 

Enforcement agents/agencies and creditors must recognise that they each have a role in ensuring that the vulnerable and socially excluded are protected and that the recovery process includes procedures agreed between the agent/agency and creditor about how such situations should be dealt with. The appropriate use of discretion is essential in every case and no amount of guidance could cover every situation, therefore the agent has a duty to contact the creditor and report the circumstances in situations where there is potential cause for concern. If necessary, the enforcement agent will advise the creditor iffurther action is appropriate. The exercise of appropriate discretion is needed, not only to protect the debtor, but also the enforcement agent who should avoid taking action which could lead to accusations of inappropriate behaviour. Enforcement agents must withdraw from domestic premises if the only person present is, or appears to be a vulnerable person.

 

I now ask the Council to:

 

a) Take the case back from the bailiff.

b) Accept my original offer to pay £[AMOUNT] a week to clear the arrears

c) Pay me a reasonable compensation for my inconvenience and for my efforts in seeking discovery of information and

d) Receiving an over-zealous bailiff acting for you making unrealistic demands of money and defrauding me with his fees.

 

If you fail to satisfactorily complete the above I will automatically escalate the complaint to the local government ombudsman in fourteen days from the date of this letter. Please treat this letter as Stage 1.

 

This letter is delivered by Royal Mail and deem properly served on you by the ordinary course of post under Section 7 of the Interpretation Act 1978. It is now your responsibility and in your own interests this letter is handed to the relevant person within your organisation.

 

Yours Sincerely

 

[NAME]

Enc 1st payment.

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Good news for me , and a massive thank you to those who gave me advice. After following advice given by fellow caggers , I have now got the council to take back the debt , not only that , but at a considerable reduced rate !!!! I went with a cap in hand attitude feeling very sorry for myself for getting in this situation. I mentioned that I knew they could take the debt back despite having previously said they couldn't once it was with the bailiffs. I then mentioned some of the points given by caggers regarding law etc, and they agreed !!!!

A huge weight has been lifted , and all thanks to the usefull advice given on this forum !

SM


Light travels faster than sound.............that's why some people appear bright until you hear them speak

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If you advised the Bailiff of your'e Vulnerable status, he should have made notes on the account and ran a mile to get it back to the council as soon as is humanly possible. That is the correct thing to do based on client guidelines.

 

Still, its sorted so well done.

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