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    • Yes, my initial view is that @unclebulgaria67 is probably right and that because it was a magistrate's warrant, it would be the energy company that would have been in control of the situation directly. Unfortunately this will be much more difficult to deal with then dealing directly with Marston but anyway if you give us your details as requested, we can at least get Outlook from that direction as well. I'm also wondering about the position of your landlord in this. As you have taken up a tenancy in a particular property then I would have thought that one of the terms of the tenancy would be that you should be entitled to quiet enjoyment. Although the landlord may say that it is not their fault and it is down to the previous tenant, at the end of the day you have a contract with the landlord who has certain responsibilities. I think we may consider involving the landlord in this as well. You say that there have been letters addressed to the previous tenant. What have you done with those?
    • Yes please. We have certain direct access to Marston and we may be able to get someone to look at this at a senior level. Please email us as requested with your own contact details and name of previous tenant.   We can't guarantee any particular result but we can promise you that it will be looked at.
    • they say in letter dated 20/01/20 that the agreement was terminated on 30 July 2017 and cannot be terminated twice, so your VT request is invalid. startline issued termination or Default notices on the following dates: letter: 30/03/2017 termination notice  liable for payment: arreaers to date : £365.38 the balance of: £10,586.50 total: £10,951.88 7 days notice else ROG+sums outstanding. ....................... Letter: 11/12/2017 Default Notice nature of breach: instalments of £211.73 due 30th each month. action to remedy: payment of arrears £449.23 by 30-12-17 other info: payments to date: £5226.91 outstanding: £9351.89 less rebate: £2251.41 Amount Due: £7100.48 if you act before 30-12-17 and have paid £7056.90 you can VT. ............ Letter: 27-07-2018 Default Notice refs a dn dated:31/05/2016 - there is no such DN in an SAR return. nature of breach: instalments of £211.73 on 30th each month. action to remedy: payment of arrears £226.73 by 15-08-2018 other info: on or after date 27-07-2018 we shall terminate,withdraw possesion and recoversums due upon termination. total paid: £6250.91 outstanding: £7647.28 less rebate: £1590.47 Amount Due: £6065.81 if you act before 15-08-18 and have paid £7056.90 you can VT. ........................  letter: 01-10-2018 termination notice  liable for payment: arreaers to date : £325.06 the balance of: £6079.75 total: £6404.81 7 days notice else ROG+sums outstanding. ……………………...     NEW ORDER STATEMENTS.pdf Doc1.pdf
    • thank you.   have you had issues paying credit before you took any of these out?   i'e were you keeping a good handle upon your credit file and it wasn't shot with any defaults or payment markers during the period when you applied and were successful in getting any of this additional credit?   my thoughts are ...should the above not be the case and your credit worthiness was good... so couldn't p'haps introduce some irresponsible lending complaints in association to them … it might be an idea to give all your creditors the heads up that times are hard and you wish them to help you, as they are duty bound to do, by freezing interest and any penalty fees to allow you to ride out this present financial hardship till things improve ...   how does that sound...   dx  
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Purchased a £4K car, drove it about 5 miles and it broke - the engine seized, got it towed back.

 

Had the car looked at, it is a mess, sump has been welded on....

 

Purchased from an unlimited car trader.

 

Trader has the car keys and said would collect it, but has not, still at my house.

 

I have written rejecting the vehicle.

 

Needless to say no refund.

 

Commenced legal proceedings using MCOL against the owner of the firm and the trading as firm to cover both bases.

 

Got default judgement, although I would have rather he engaged.

 

Now need to enforce.

 

If I send in bailiffslink3.gif will they be able to seizelink3.gif cars on his forecourt? I realise ordinarily seizing cars creates a difficulty due to HP, but I would have thought those on the forecourt would be free of HP, depending on how he operates.

 

I know I can get him into court for questioning, but that will take months and then I will probably need to enforce.

 

I think I would like to see the impact a bailiff may have, but should I use the MCOL bailiff option or an alternative?

Edited by GuidoT

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Is this a follow up to your thread of 27th August ? Do you want both threads merged ?


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I thought I would get a better answer if I posted my bailiff specific question here with all the background rather than a link to the other thread.

 

No to merge thanks.


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How about transferring it up to High Court & involve HCEO, if there is stock on the forecourt they will lift them if no payment forthcoming. The HCEO gives no prior warning of his visit, he just turns up. Takes approx 3 weeks from instruction to visit. If going down this route please bear in mind biggest isn't always best as some are better than others.

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Thank you PT, I will look into that.

 

I am just not sure what my bailiff options are and which ones are the most effective.

 

I have read that the MCOL bailiffs are low paid civil servants and are not very effective. I do not want to waste £100.00 on this.


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Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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How much does it cost to verify if a car is on HP?

 

Because the OP could visit the forecourt, or get a friend to do so and quietly note down the car registrations then check them - if all clear, then bingo, send the HCEO's in.


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As you have been awarded judgment you can pay instead a "transfer up" fee of £60 to have the judgment enforced by way of a High Court enforcement officer. This is actaully cheaper that using the County Court bailiff.

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Thanks TT.

 

I have got the forms to transfer up and I am going to send to a High Court bailiff in.

 

County Court bailiffs seem a bit pony compared with a High Court enforcement officer, in terms of powers, the bailiffs incentive to collect. notice beforehand....

 

Let us see what happens.

 

I do not like using these bailiff characters, but the **** that sold this car are to my mind worse and they need to get some comeuppance.

 

They conned a elderly couple out of £4K, I am not doing this for myself I just always write in the first person here for ease.


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Form N293A completed and sent off with fee.

 

I expect a wait for the form to be returned sealed so that it can be transferred to the high court.


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Make sure that you obtain confirmation from the High Court Enforcement company about the fees that they will charge and details of when they will pay you and whether they take their fees from any money received etc.

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Have done so TT thanks. Save for £60.00 they do not charge anything, they add their fees to the total sum and recover from the debtor, therefore they have a good incentive to collect otherwise they only obtain a paltry £60.00.


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Writ of Fi Fa just returned by the court, HCEO going to visit next week.

 

The HCEO is going to be accompanied by the BBC. I accepted on the basis that it might apply a bit more pressure.


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Fingers, toes and other things crossed.


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Which company did you choose to enforce the debt?

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The Sheriffs Office, but you probably worked that out given the TV programme is based on them.


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The HCEO visited, but the occupant gave a different name and provided ID to support that. The bailiff was suspicious and I was too. I did a London Gazette search and found a connection between the name I have judgement for and the name given to the HCEO.

 

As the BBC attended the visit they are going to send me the footage so that we can verify his ID.

 

I did a search and found out that last Monday he gave an undertaking to the OFT as below, clearly we are not the only ones he has sold lemons too.

 

http://www.oft.gov.uk/OFTwork/consumer-enforcement/traders/4985/1/

 

I have put in a Freedom of Information request to the OFT for details on the investigation and anything to assist with the enforcement.

 

Clearly he needs another visit.


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VERY VERY interesting indeed. Please keep us all updated !!!

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So the Bailiff has visited his car lot that was unattended, he was advised when he phoned the advertised number that the defendant moved out a month ago, but clearly the firm was still trading under the same name.

 

The Bailiff's wrote to me saying they have seized all the stock (cars) and he has 5 days in which to make a third party claim and the paperwork was left in a sealed envelope on site.

 

I phoned the Bailiff to find out exactly what this means, I presume they have not physically taken the cars and they said they would phone me back tomorrow.

 

Seems to be heading in the right direction again.


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Have you heard anything yet Guido T :)

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No, the bailiff's are a bit rubbish at communicating with me.


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They usually are unless they want money out of you, then you cant get rid of them ;)

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Got the BBC photo and it is definitely our man, so a different Bailiff is going back to home address.

 

They advised me by phone today that the cars are now the property of HCEO and cannot be sold on. I think if they do not recover when they visit his home then they will check who the cars are registered with and if they have any outstanding HPI before they take them.

 

I suspect though they will find out the cars are registered to others.


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I have been wondering how it is legal for camera teams to follow Bailiffs - since the film crew are effectively tresspassing, following them into gardens and filming people without their permission - it does not matter they can blank out after, filming without permission is a no no.

 

Same as if in public, you can film generally, but you cant focus on someone without permission afaik, yet this happens all the time.


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You are right with regards to them trespassing, however they can film from the street. Im sure I am correct in stating this, they have also have to get a disclaimer signed of the person being filmed to show their faces.

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