Next Directory and bailiffs help please.

[sarnie2109]

I have already posted this in legal issues as I was not sure where best to post.

 

Hi

I am hoping that someone can help me please.

I bought items from next directory in the year of 2005/6, and i struggled to pay for them

It was passed to Howard Cohen and co, and ended up with a ccj and me agreeing £5 a month.

I continued to pay this until july of this year, when i could not manage the £5, and me asking if this could be reduced.

the first I have heard is a letter from the court this morning 19th december telling me that I have to pay in full before the 22nd december £197.25 (debt) plus court costs now totalling £245.00. or the bailiff will call and may remove your goods for sale at public auction. the notice of warrant of execution was dated the 15th dec09 but i recieved it on the 19th09(friday) giving me till the 22nd09(tuesday)

 

I really do not know what to do, tried calling howard cohen this morning and told them that the debt was not inforceable, she replied by saying it doesn't come under the CCA it comes under the sale of goods act. you have asked for goods and recieved/used them.

 

Is this true how do i now proceed, many thans in advance.

Edited February 1, 2010 by sarnie2109

[kiptower]

I have asked tomtubby the balliff expert to have a look

 

and as for the SOGA comment its total rubbish

 

you will need to get the judgement set aside some one will be along soon to help you

[sarnie2109]

Bless you Kiptower thank you.

[MARTIN3030]

It can stay for now,since it does no harm.

How long ago was the CCJ registered ?

Did you challenge the account at that time ?

Was your purchases from the next directory done on credit ?

So at this point you are unlikely to know who the bailiffs are.

I agree that you are going to have to apply to have the warrant set aside,which needs to be very quickly.

The basis on the arguements to do this will depend on establishing a couple of things.

Please be patient as others will be here to give you some pointers.

[sarnie2109]

How long ago was the CCJ registered ? This was october 2006

Did you challenge the account at that time ? No i didn't.

Was your purchases from the next directory done on credit? Yes it was.

 

many thanks

[MARTIN3030]

I think its unlikely that the Court will allow arguements to be entertained on the actual validity of the CCJ.

They will also point out that in making payments you have admitted liability to the debt.

So the focus here should be on getting the warrant set aside.

So have you got copies of communications that you have made with Cohens to try to agree repayments of arrears ?

What about your financial status-has there been any changes recently which would give you some defence ?

Are you on any benefits ?

[MARTIN3030]

Ok I will just explain the process in simple terms.

 

You will need to fill out a form N245.

On this you can make an offer of payment or else ask the Court to vary the original amount ordered.

Give a statement of means in support including an income and exp sheet.

It needs to be handed into your local County Court ASAP with the fee £35

You may qualify for fee remission if you are in receipt of certain benefits.

Leaflet EX160 gives details.

Once this has been done,the creditor can either agree to the offer you have made,or else there is a short hearing listed to decide.

In the meantime bailiffs cannot take any goods.

It is important to act quickly given especially the Christmas holidays.

If you are unclear on anything feel free to ask further.

The forms are available online Welcome to hmcs.co.uk

[sarnie2109]

So have you got copies of communications that you have made with Cohens to try to agree repayments of arrears ? I have a copy of the letter i sent, but I never received a reply.

What about your financial status-has there been any changes recently which would give you some defence ? Yes i am now £315 a month down.

Are you on any benefits ? Yes I am on incapacity benefit, long term.

 

Do you think it would be acceptable to make a payment of £5 on the 21st then pay the £30 arrears, in january to get me update?

As I do not have £35 to go to court with an N245.

Again many thanks for your help.

[MARTIN3030]

Cohens obv did not regard your financial difficulties as good reason.They are unlikely to listen now-since they have obtained a WOE.

Your only course should be an application to the Court which suspends the warrant-otherwise it will be passed on to the bailiffs.I would not trust Cohens to verbally accept your offer as long as the warrant remains in force.

Check out your entitlement to fee remission-I understand £35 appears to be a lot for you to find right now-but you dont have a lot of alternatives.

[MARTIN3030]

Hallowich-I see you are around-any other thoughts here ?

[hallowitch]

Yes I am on incapacity benefit, long term

 

If it doesn't get set aside and the bailiff do come you may be classed as vulnerable depending on your circumstances

 

Department for Constitutional Affairs - Enforcement - National Standards for Enforcement Agents

[MARTIN3030]

Ah some food for thought there then.

[hallowitch]

DEALING WITH BAILIFFS ON YOUR DOORSTEP

1. ALWAYS! Keep your door LOCKED SHUT at all times. NEVER open the door to a bailiff - speak to him through a window or the letterbox

2. ALWAYS! Hide your car - in the garage or park it well away

3. ALWAYS! Take photographs of the bailiff and his vehicle, even better use a camcorder and video-record EVERYTHING

4. ALWAYS! Speak as LITTLE AS POSSIBLE and let the bailiff do the talking

5. ALWAYS! Ask for his bailiff's certificate number

6. ALWAYS! Ask which court issued his certificate

7. ALWAYS! Ask for a full breakdown of his fees IN WRITING

8. ALWAYS! Ask who the creditor is (if you don't know)

9. ALWAYS! Pay using a credit card, avoid cash and debit cards if possible

10. ALWAYS! If you have grounds, get an appeal lodged immediately (parking tickets) - it stops enforcement

 

1. NEVER! Sign any documents handed to you by a bailiff

2. NEVER! Phone a bailiff (unless asking him which Court issued his certificate)

3. NEVER! Admit any debt

4. NEVER! Say or "confirm" your name address or date of birth

 

this is very good advice originally posted by Happy Contrails

[Guest Happy Contrails]

wow! my stuff still lingers

[hallowitch]

wow! my stuff still lingers

 

 

And so it should be good advice is always worth hanging on to and should always be posted

 

Welcome back even if its just a flying visit

[Guest Happy Contrails]

I really do not know what to do, tried calling howard cohen this morning and told them that the debt was not inforceable, she replied by saying it doesn't come under the CCA it comes under the sale of goods act. you have asked for goods and recieved/used them.

 

 

howard cohen's website says they are solicitors, and are giving factually inaccurate information to obtain a money transfer. You should consider reporting them to the Law Society. Section 75 of the Consumer Credit Act 1974 makes the lender and merchant jointly liable for breach of contract if the goods purchased under the credit agreement fail to perform as described.

 

The statutory fee for enforcing a CCJ is £45. The law doesnt provide for this £245 they want from you. Ask for a copy of the court order awarding costs, civil procedure does not provide for claimants to claim costs other than the prescribed amounts - nothing close to £245 and solicitors fees cannot be claimed at all.

 

This could be a debt collectors [problem].

[sarnie2109]

Yes I am on incapacity benefit, long term

 

If it doesn't get set aside and the bailiff do come you may be classed as vulnerable depending on your circumstances

 

Thank you for your replies, I am very grateful.

In what way may i be classed as vulnerable??

I am a single mum, with a 7 year old daughter.

I lost my mum 5 years ago and ended up having a break down because of this, and now suffer severe depression, several years ago i had an accident and fractured my neck, I am now mobile but this was one of the reasons for being awarded incapacity benefit, I have stage IV arthritis in my right knee and am currently awaiting a knee replacement.

I have ended up with a mortgage because of my mums death which i really struggle to pay but I do pay it.

 

A friend has helped me with other debts i have, he has done Notice of conditional agreement and request for clarification letters, of which he has had success, but this one was before I knew we could dispute them.

So I agreed the ccj route being somewhat stupid!

 

thank you again.

[hallowitch]

In what way may i be classed as vulnerable??

 

 

 

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.
  

[sarnie2109]

I have just filled out the court form and I am -£188 a month, what on earth do i put in the offer to pay box?

[MARTIN3030]

Put what you can reasonably afford...nothing more-nothing less.If you are -£188 a month then something needs checking.

[ploddertom]

My Interpretation of what Cohens do is that mostly they are full of hot and gas and use a lot of mights and maybes. I understand from other postings they are less than economical with the truth and have been reported on various occasions for their misleading information. It follows therefore that those who complain are either not making enough noise to the right departments or what is more likely is that those departments are ineffectual.

 

PT

[sarnie2109]

I have been to court this morning and have put in application to stop the bailiffs. Which they have told me will stop the bailiffs.

Also I have applied for a hearing, as i have been told without a CCA the debt is not inforceable.

They are saying that a Sale of goods act covers them.

Any advice on this would be very much appreciated.

 

Thank you everyone for your help.

[kiptower]

the SOGA , DOES NOT COVER them , regardless of what they say, it was credit so they must have a CCA, ignore the rubbish that the COWARDS staff are telling you

[RaeUK]

Hi sarnie, glad you've started the court thingy. I trust that, being on IB, you were excused the fee.

Important point, have you also notified the court that you are on IB, for what reason, and that you are a single parent family? These are points they should take into consideration and will help them determine your status as vulnerable. This in turn will mean no bailiffs in the future and an agreement to pay that is affordable and sustainable.

Rae.

[sarnie2109]

i agree with you on that kiptower! thanks.

Kelcou..... yes i didnt have to pay, didnt really make a thing about my IB etc was going to bring that up on the day.

 

 

 

Can you give me some pointers on how to fight this now please guys n gals

 

.... wait for the hearing and then say, i have asked COWARDS for a copy of the CCA and it aint here. and surely even if i have had a ccj set against me and i have paid it..............how can it be upheld if no proof to the validity of the debt can be proved???.

 

would they listen to this argument on the day ?

 

my friend phoned them today (recorded) and asked them for a copy of the CCA and to let them know to bring it as we have applied for the warrantOE to be set aside..... they, in there fumbling manner said yes if we need to provide it we will. but i will be sending a notice off to COWARDS tomorrow am asking for the CCA etc to just make sure.

 

COWARDS said because i had agreed to pay the ccj then i have agreed to the debt so basically there is nothing to argue...... am i right in thinking that how can i agree to honour a debt and have a ccj against me if the debt/CCA cannot be proved/enforced ?????.

 

i want to ask was the CCA ever shown in COWARDS case/paperwork to gain the ccj..... if not then this should all be reversed until they can prove it ???

 

 

not totally up to speed with the court system so not sure what to expect to be able to say etc and what i will be able to ask for, CCA etc.

 

im struggling to find any use full info on this COWARDS comments regarding me having the CCJ and having paid it after, so the CCA isnt important anymore ???

 

comments pointers of plan of attack

Edited December 23, 2009 by sarnie2109
edit