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    • I'm aware there are some grammatical and reference errors but the post expired before I could fix. I'd really like to know if I've made valid points or not. Thanks.
    • Another thing, they say they have photographic evidence of the entry and exit times, but have not included it in the SAR. If they have photos shouldn't they provide them in the SAR? And if they don't have them now, how can they prove anything?    Should I ask OBS to produce the photos?
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[EXHIBIT x, x & x].   5) On 30/07/19, I received a claims form from the County Court Business Centre, Northampton, for the amount of £369.84. The claimant contends that the claim is for the sum of £369.84 in respect of monies owing under an alleged agreement with the account no xxxx  pursuant to The Consumer Credit Act 1974 (CCA).   6) Contained within the claimants particulars the claimant states that the account was subject to assignment from Provident to Vanquis. The claimant states a further assignment to them occurred on 12/06/2017 with notice given.    7) It is denied notice of assignment from Provident to Vanquis and subsequently Vanquis to Lowell were ever received.    😎 The claimant states documents were received at both addresses. The claimant doesn’t appear able to confirm my address and therefore cannot say with certainty said documents were received. Furthermore, the client did not issue said documents and therefore cannot prove delivery.     9) It is denied any communication took place with myself and Vanquis Bank Limited. Any alleged legal assignment to part of the “Fresh Start” initiative had not been informed. I have no previous knowledge.   10) Under the consumer credit act 2006, until debts have been repaid, there is an obligation to send statements and notices to the debtor at prescribed intervals at no more than 12 months. The statement should explain the money borrowed, money paid, interest in all cases and the outstanding amount. Consequences of failing to make repayments and the opportunity of making minimum payments should be informed. The Claimant has submitted a statement of accounts dated March 2019. This having followed my request for a credit consumer agreement. It is denied this document and any such required statement of accounts required under section 77A during the alleged agreement were ever received.   11) The claimant states that a default notice was issued on 18thJanuary 2017. The payment date requested by Vanquis Bank Limited on said document is  28thFebruary 2017. The formal Notice of Default that was accompanying this letter displays a requested payment date, 28thFebruary 2019. (Exhibit x, x)   12) I argue that this is not in fact a COPY of an original default notice, that they state was issued during February 2017, but that this is a fabricated version of a default notice created by Lowell. Either way the default notice was not issued by the assigned creditor (Vanquis).   13) It is therefore contended that the original creditor failed to serve a valid Default Notice pursuant to section 87(1) Service of a notice on the debtor or in accordance with section 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor of a regulated agreement.   14) The Claimant states a default notice was not required. If there is a default in payments during the fixed term a default notice must be issued. The Claimant states they were informed a default notice was sent on 18thJanuary. The Claimants case relies upon being informed and does not constitute fact.   15) It is denied a default notice was ever received.    16) It is admitted I responded to the Claimant’s pre-action protocol letter addressed in my name. I indicated I did not know if I owed the debt. I indicated as such having no recollection of affiliation with Vanquis nor Lowell. A default for the allege debt appearing on my credit file only November 2019.    17) I understand that the claimant is an Assignee, a buyer of defunct or bad debts which are bought on mass portfolios at a much reduced cost to the amount claimed and which the original creditors have already written off as a capital loss and claimed against taxable income.   As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.   18) Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.
    • I’m still thinking about this PayPal but only because ive been reading other forums and them saying that PayPal sells the debt to other companies and then they chase you for it .   Here are the other debts I have below and I’m still paying them all but now really struggling with it as I’m now full carer and no tidy income. None of these have I failed to pay yet to date and ive never been to court or anything and no criminal record ive always been clean & tidy and always paid things without fail but due to circumstances already said about ive now got deeper in owing more and just really struggling now and cant afford all the payments I’m paying plus then all the interest that keeps going back on them.   Nationwide building society credit card  £4,400 Nationwide building society overdraft £345 Capital 1  £2,594 Argos credit/store card £1,904   the wife also has   Nationwide credit card £1,600 Argos credit/store card  £1,875 Capital 1  £1,280   Its the Nationwide bank I’m really wanting to keep sweet as ive been with them since I was like 17 and I’m 50 now plus I use it for all direct debits and car insurance / life insurance etc etc plus I rely on the overdraft from month to month.   
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Whilst away i received a county court claim dated 05/06 from derby county court for £863.68 for gas supplies (incidentally it did not arrive before 12/06 when i went away), in my absence i also received judgement for claimant dated 01/07 from Derby County Court stating i owed a total of £1025.36 being £868.36 for debt and £157.00 for costs.

 

Today a suspicious guy turned up, knocked at my front door (i did not answer door to him), he sat in his van completeing papers and left them addressed to me, he was from an Enforcement company, and left 2 papers; first a letter dated today stating that he attended with intention of removing goods, it stated

 

"my warrent gives me the power as a high court enforcement officer to seize your goods up to the value of judgement, together with all additional costs and interest, i will again attend between 0600-2000 hrs and may remove goods even in your absence. The total amount outstanding as of todays date, including all costs and interest is £1553.55"

 

It then goes on to say that payment in full must be made by 15 July 2009 and if i fail to make payment and there are insufficient goods to cover debt, a return will be made to this warrent which will enable the claimant to take insolveny proceedings against me.

 

the second paper was a Notice of Seizure and Inventory with all the relevnt details re the judgement order and stating

 

"This notice is left by or on behalf of a high court enforcement officer authorised to enforce writs of execution from the high court"

 

This also stated the amounts made up as follows:-

 

The judgement debt £1025.36

Judgement costs incl statutory fees £526.58

Additional interest @ 0.22 per day for 6 days £1.32

Walking possession accrues @ 0.29 per day £0.29

Total due as of todays date £1553.55

 

And listed in a box under this was our car and registration number and also a friends car (parked up on my driveway whist they are away i live near the airport).

 

I was actually going to call the courts today regarding the claim and explain that i have been away etc and had no time to respond etc to try and get some time to deal with this.

 

We are family with 2 children and like a lot of people are struggling financially, i work self employed and my wife helps me when she can around looking fatre the children etc. I need the car for my work as well as the fact that we live very rural.

 

I would be very grateful for any advise as to what i should do next etc.

Edited by antrox
advised

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first thing you need to do is sell your car to a friend back dated as to when they bought it ie six months if it was and park the car away from the house but whatever you do don't let them in your home at all not even if he is nice and says he just wants to talk how small are your children and do you receive any help ie tax credits?

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thanks for your reply, Our youngest child is 5 and we do receive child tax credits and working tax credits!

I did not speak to him at all, he knocked on my door, got no response then went back into his vehilde on my driveway, where i could see him writing out forms etc and making calls on his mobile, then 15 mins later he left an envelope in my porch addressed to me.

Our dog which is a German Shephered was in her kennel and run outside the house claraly visable to him and was going mad at him, and i think he was a bit wary of walking about our home.

Edited by antrox
advised

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HI

 

You need to contact the court office and fill in an N245 form to stop the warrant and vary the order do this asap.

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Thanks for help so far, can any one advise re following:-

 

Is there anything i can do about putting summons and subsequent judgement on hold as they arrived at my home in my absence?

 

The original claim form and judgement for claimant was issued from Derby County Court, is it legally correct that it can now be subject to "High Court Enforcement" this is what the letter states that was delivered today

"In the High Court of Justice Queens Bench Division Central Office", i have received no notification about High Court involvement?

 

Are the costs of £526.58 for a HCEO attending my house today for 15 mins max legally permittable, these costs are in addition to the original claim costs?

 

Is the HCEO legally permitted to return to my house and remove my vehicle, which is essential because i am self employed as well as the fact that we live completely rural and need to take our kids 5-10 miles to school etc?

 

Can the HCEO legally return between the hours of 0600-2000 as stated to remove goods, and in our absence what can he legally remove?

 

We are financially struggling due to recession and receive, child tax credits, working tax credits as well as some hoursing benefit (as we rent), do we have any protection on our side?

 

I am new to all this, and never thought we would end up in this sort of situ so really do appreciate any assistance what so ever, many thanks

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see paulclarkson1985's post.

You need to get the judgement stayed/reversed

Say you were away and unless you can offer any defence to the claim, admit it and offer to pay the original debt in instalments, setting out your financial circumstances

At the moment the HCEO can seize the cars he has listed - your friend should contact the HCEO with proof of ownership of his car and tell them it must not be seized

The HCEO cannot force his way into your house (but can enter through an open door or window or if invited) so don't sign anything or let him in. He can still seize the car(s) though

You must contact the original court and say you want to respond to the original claim. Do this as soon as you can - like tomorrow when the court opens!

Don't leave your car anywhere the HCEO can see it because he can take it!

Sorry to be so alarmist but get back to court and respond to the original claim.

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CORRECT me if I am wrong here BUT I think you will find the only people who CAN force entry is a HCEO officer from the court...as they have a warrant to do so

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No, an HCEO can force entry to business premises but not residential property.

He has an instruction from the court to seize goods but that does not give him right of entry to non-business premises. IF he gains entry then he can come back in any time he likes and even force re-entry but he can't force entry to start with.

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you also need to tell the court in the morning that you are recieving housing benifit because if you are working and getting this it means you have gone through a council means tested and in there opinion you are in hardship

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