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    • I think it was from 18months ago.    You’ll probably think I’m fussing again but I’ve got a feeling they’ll take mine further due to the shear amount that is owed, I’ll be astounding if they don’t. 
    • as I said read the date of the thread many moons ago.   its not illegal either, debt is a civil matter not a criminal one.   dx  
    • Hi Andy   Thank you for the link, it was very helpful, appreciate it.    I was actually made to feel quite 'stupid' and felt as if i was wasting the forums time on this thread after DX's comments in post #38.      Please see attached the necessary documents, please do let me know if you require anything else, many thanks.   Files attached:  - Default Notice   - statement of Default Notice  - Reconstituted Agreement & T&Cs - 3 different sets   P.S - sorry about the quality of the T&Cs, the high quality files were too large and had to reduce them.   Thanks, Roland   Exhibit JK1.pdf
    • If it’s so easy to get shut of a PayPal negative balance how come everyone doesn’t do it as such? I guess it’s morally wrong but not illegal!?    I read a thread were a PayPal employee said “paypal WILL take you to court and WONT let it lie, they have a specialist team that chase negative accounts over a ceratain amount which I’ll defo meet that criteria 
    • date of claim 14th November (2019)   What is the claim for – the reason they have issued the claim?  1) The claim comprises the following agreement the defendant entered into: a. JD Williams & Co with reverence 1234567 and current balance of £559.77 The agreement was terminated as payments were not maintained and subsequently assigned to the claimant. And the claimant claims: a) The said sum of £559.77 b) Interest pursuant to # s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, but limited to one year, being £44.ui c) Costs   What is the total value of the claim? £735   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes  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? Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Catalogue   When did you enter into the original agreement before or after April 2007 ? Before   Do you recall how you entered into the agreement...On line /In branch/By post ? I think by post   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? No   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. Debt purchaser - Lowell   Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes   Did you receive a Default Notice from the original creditor? Yes   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Yes   Why did you cease payments? Couldn’t afford the interest    What was the date of your last payment? Over two years ago to the DCA   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
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hi,all

i hope someone can help,my son got 2 fines for travellng on the metro system without a ticket,he got fined £180,for the first one,he paid 2 weeks payments totalling £10,and stopped payment,he is heavily in debt to catalogues etc,he is recieving £48pw jobseekers allowance,he has just received a letter today from philips bailiffs,which is titled "pre-removal notice" with the outstanding ammount of £600! it states it has attended our premises on previous occasions (which it has not),his name on the letter is mispelt (shaun,instead of sean) would this make the letter not valid? and also as its my house in my name,have the baliffs got a right of entry? my partner and myself are sick with worry,and think every car that pulls up is the baliffs,i forgot to add,the original fine was imposed by the magistrates court,as he never paid the original penalty fine,could i just write to the baliffs,telling them noone of this name lives here?

hopefully someone could advise me

best regards

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This thread needs moving to the bailiffs forum I think. You will get more help on there.

I'm not an expert, but I do know that they cant take anything that you can prove does not belong to the debtor.

If its a court bailiff, they have more powers than a private one.

You dont have to give a private bailiff access to your home, but they could try allsorts of tricks to get in. Once they are in they can have legal access to your home while ever the debt exists as far as I know.

I'm not sure about access with court bailiffs.

Sorry its not much help, but I can sympathise with you on this.

jed

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Moved to Bailiffs Forum.


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hi,all

i hope someone can help,my son got 2 fines for travellng on the metro system without a ticket,he got fined £180,for the first one,he paid 2 weeks payments totalling £10,and stopped payment,he is heavily in debt to catalogues etc,he is recieving £48pw jobseekers allowance,he has just received a letter today from philips bailiffs,which is titled "pre-removal notice" with the outstanding ammount of £600! it states it has attended our premises on previous occasions (which it has not),his name on the letter is mispelt (shaun,instead of sean) would this make the letter not valid? and also as its my house in my name,have the baliffs got a right of entry? my partner and myself are sick with worry,and think every car that pulls up is the baliffs,i forgot to add,the original fine was imposed by the magistrates court,as he never paid the original penalty fine,could i just write to the baliffs,telling them noone of this name lives here?

hopefully someone could advise me

best regards

 

Not to good on these but I'll give it a go and hope someone can correct any errors.

 

Obviously there's no doubt of the original offence as a ticket inspector will have issued him a slip for not having a ticket. If it's where I think it is then did he ever have to provide proof of his address. For non-payment of the fixed penalty ticket he has been taken to Court - did he know of this? At the time did he explain he was on Benefits as I believe there is a scheme to deduct money at source? If as you say he has another one of these that he has not paid then they will soon come chasing that one as well doubling the cost of monies owed.

 

It will probably make no difference about the spelling of his christian name as on the basis of probabilities they have the correct person. You can only tell the bailiff he does not live with you if that is a truthful statement otherwise you run the risk of being done yourself. However there is nothing that says you have to say where he is living now.

 

He will be better facing up to his own responsibilities as it will be in his own interests to see this matter settled. Because of his Benefits status it may pay him to enquire at the Court to see if it can be returned so that monies are deducted at source - I believe if this is the case then all Bailiff action may be stopped and he may just have the original fine to pay off.

 

If you PM Tomtubby she can give you lots of advice and further help.

 

PT

 

ps forgot to say it may pay both self and partner to swear a Statutory Declaration about the goods in your own house just in case.

Edited by ploddertom
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Hi sam.

The long and the short of it is, obviously, he needs to be paying off his fine as a priority debt. It is far more important than catalogue debt.

That said, he shouldn't have to deal with the bailiffs and their extra fees either. The unemployed form part of the 'vulnerable category' of debtors:

 

Those who might be considered vulnerable include the following:

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.

 

According to the Ministry of Justice, the correct procedure for a person who believes they fall into the 'vulnerable category' to follow is this: He needs to write to the appropriate magistrates court for a re-hearing. Presented with his evidence that he is vulnerable then the court, presumably, will arrange an affordable payment schedule with him. And without the bailiffs...

Rae

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