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    • firstly , they are not a Debt collector [never confuse the two - a DCA chasing consumer credit debt is totally powerless and have ZERO legal powers to do or take anything - they have no more legal powers than you or I do ] these will be bailiffs and do they have legal powers.   However, the good bit is that unlike what you might have seen on TV, for a council CTAX liability order [please confirm there is or NOT a CCJ registered check your creit file] there is NO right of forced entry. The bottom line is, bar all the arm waving, is, that if you simply totally ignore them, they will eventually go away.   Now what they can do is two fold on CTAX. basically add fees to a set limit.   the first is a notice of enforcement letter. this comes with a fee of £75 and gives you 7 days to set up some sort of payment plan.   the second is an actual visit, where by a further fee of £235, whereby the fees are now £310 , the maximum they can ever add to the CTAX bill. this is typically accompanied by a threat to removed goods, it's cleverly worded or 'explained' to make you 'think' they can waltz in any take anything they like. THEY CANNOT unless YOU let them in. which you don't, nor leave doors unlocked as they can then enter through what is called 'peaceful entry'.   in real term, the seizure of goods is limited to stuff outside like cars YOU might own that are not behind locked gates.   so i'm not too sure what stage you are at  so please clarify. the name of the bailiff company. how much you now owe the county council the CTAX is owed too.   if you have any/all paperwork please scan it to PDF  after redaction - read our upload guide]   one last point. they don't keep coming around they don't keep ringing. neither of those gander them anymore money so they don't bother.   dx      
    • Hi Everybody I moved into my parents house quite recently. My mam is aged and extremely ill (it's just me and her living in the house) and I moved from the North to the South of England to take care of her.   Now I've got a CCJ against me for unpaid Council tax from when I was living in the North and a debt collector has just showed up at the door. Now I don't have the money to pay the entire amount straight away. But I'm willing to try and enter in some kind of payment plan and gradually pay down the debt. However my main concern is that they don't keep coming around and phoning the house threatening and harassing my mam over her sons debt.   However the guy at the door was threatening to seize goods and have them sold at public auction. Getting bailiffs to break in etc.   When I told him that I've nothing of any real value he said he could just take whatever was in the house. Something about if she couldn't prove whatever was hers then they could just take whatever (I'm not 100% this but I think something to this affect).   He left me a "Notification of Enforcement agent visit" sheet of paper.   From the first paragraph it says:   "As an enforcement agent I've attended your premises today with the intention of taking control of your goods in accordance with the taking control of goods (fees) regulations 2014. At this time your goods are bound. You cannot remove, sell or otherwise dispose of them"   Thus I'd appreciate any advice that readers my be able to offer. Does anyone know the law regarding "seizing assets" when the debtor is not the homeowner/tenant?   tia Bear
    • I should add I only got the CCA response last week after waiting nearly a month over the prescribed time limits to respond. PM
    • Thanks, I thought that might be the case.  J
    • claimform issuance stops the SB clock    dx  
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sharkfin

Filing a claim: Need Scottish address for Capital One Bank please

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Hi everyone,

 

I'm at the point of filing a claim against Capital One Bank for credit card charges, but I can't find a Glasgow address or even a Scottish one for them... Do they have any branches up here? If not, does that mean I won't be able to file a claim locally and I'll have to go through the English courts instead?

 

If anyone can help please let me know.

 

Cheers folks... :-)

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I don't think you need a Scottish address.

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The templates given on this site for filling in the court forms say something like "...the defendant has a branch at [fill in branch's local address] and therefore the claim falls under the jurisdiction of this court..."

 

Which surely implies that I DO need a local branch address...

 

Does anyone know for sure?

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If you live in Scotland you would lodge to your nearest Sheriff Court. The fact that the company is English base is irrelevant.

 

Technically, you could challenge in either jurisdiction, but I would stick to the rules relating to domicile.

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Okay. So what should I write at the bit on the form where you're supposed to fill in a local address for the bank you're claiming against? I don't want to alter the wording of the templates given here in case I get it wrong and mess the claim up!

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don't think cap one has a scottish address.

 

you do not need a scottish address for them:

 

 

Unfair UK Bank Charges | legal help from Govan Law Centre, Glasgow, UK

 

The Defender has a branch in [PLACE].This pursuer is a consumer within the meaning of paragraph 3 to schedule 8 of the Civil Jurisdiction and Judgments Act 1982 as amended. The pursuer is domiciled within the Sheriffdom. This court accordingly has jurisdiction. The Pursuer claims £XXX.XX as the sum unlawfully debited.

 

 

Ida x


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Ah, thanks a million Ida, that was exactly what I was looking for. :)

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