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Today we have recieved through the door a "notice of seizure " for my daughter for college fees. Debt £1015 - their charges £960 from Andrew wilson and co.

 

She finished school with a levels - went on to university and did an HND in fashion buying, the recession then hit -no jobs in fashion so she got a job with a full time media company, one year later was made redundant so she decided to go to college to do an access course for teaching and as she was claimimg jobseekers she would get the course paid for ( or so she thought) . During all this time and still now to pay her car insurance she worked at a pub but was still able to claim jobseekers which was 40p most weeks as she only worked a few hours),this was 2 years ago. she is now at university doing primary teaching aged 25, he has 2 jobs to pay her rent, etc (obviously not claiming jobseekers now)

 

My point is during all this time she has worked to try and better herself and make a career , and this is what happens for trying to educate yourself for a better life. As far as she was concerned these fees were covered by the jobseekers ( i helped her fill out the forms) . She or I at my address have never had a ccj for this or any communication in fact. Most certainly should this have been the case she would have contacted the college to argue the case.

 

what can we do - she doesnt live here anymore but I feel so strongly about this I am happy to do whatever to defend her - she is an honest hard working girl and this is wrong.Please help

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Check Trustonline to see if there is a CCJ awarded (there is a fee to pay).

Your daughter should also checkn her credit reference files.


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They can be told that your daughter is not resident and there are no goods of hers within the property that belong to her.


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There are 2 issues here. the first is that a CCJ has been awarded against her and as the Brigadier says you need to track this down. The second and in my view more important is the involvement of Andrew Wilson as High Court Enforcement Officers as regardless of the rights or wrongs of the CCJ they will press ahead with enforcement. Have they left you with a Form 55?


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f your daughter was not aware of this ccj then she can apply to set it aside.....in the interim period she needs to apply for a stay of execution Form N244 with urgency...her given grounds for the application are, no knowledge of the debt and pending application to set aside...that puts the dogs back in the kennel for now and allows her time to gather all the facts to why the fees have been charged when her circumstances at the time dictated she was exempt.

 

WD

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perhaps a Statutory Declaration to the effect that all goods and chattels in the residence are yours and she is non resident, with a notarised copy to Andrew Wilson, and creditor, is an option whilst your daughter applies for a stay on the enforcement, is that a valid option ploddertom?


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the fact the daughter does not reside at the address, then yes a stat dec should stop them pestering the parents. That stay is crucial to get them right out of the picture..and I would suggest they get that downloaded from HMCT website, filled in and submitted to the Court asap.

 

WD

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the fact the daughter does not reside at the address, then yes a stat dec should stop them pestering the parents. That stay is crucial to get them right out of the picture..and I would suggest they get that downloaded from HMCT website, filled in and submitted to the Court asap.

 

WD

 

I thought that would be so, but I'm sure Andrew Wilson will cross the line and continue to pester OP, so whilst daughter is applying for stay etc, with stat dec perhaps an implication that an injunction against Andrew Wilson may be sought if they do not cease and desist in harassing a third party.


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so how can they press ahead with enorcement when there is just a few of her clothes here - nothing else.

 

Obviously a ccj has been issued it says this on the form - she is unaware of ever having been issued a CCJ. yes they have left a form 55. we have 2 other daughters here who are now frightened to death !!!!

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so how can they press ahead with enorcement when there is just a few of her clothes here - nothing else.

 

Obviously a ccj has been issued it says this on the form - she is unaware of ever having been issued a CCJ. yes they have left a form 55. we have 2 other daughters here who are now frightened to death !!!!

 

The HCEO may consider that mummy and daddy will pay up, or are too bone headed to refer the matter to the original creditor, as continued enforcement against a third party will end up woeful for them, as once Stat Dec in they can be under no illusion that they can continue and seize your goods, to do so would be theft, among other things.


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so how can they press ahead with enorcement when there is just a few of her clothes here - nothing else.

 

Obviously a ccj has been issued it says this on the form - she is unaware of ever having been issued a CCJ. yes they have left a form 55. we have 2 other daughters here who are now frightened to death !!!!

 

The Form 55 should have on it somewhere the CCJ number and will also say words similar to "Sent by certificate from XXYYZZ County Court" - I would hazard a guess it may be Northampton. At some stage when she has fileed the forms in she has given your address possibly but you will need to check with the Court as to which address all the documentation has been sent to - it may also be the case that it is your daughter that may have to do this due to data protection issues.

 

If it comes to it filling the appropriate forms in is quite simple and there is a fee to pay to submit them to the Court, however if she is on Benefits or a low wage then she may be able to apply for fee remission.


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so how can they press ahead with enorcement when there is just a few of her clothes here - nothing else. They will press to enforce in the hope you will settle the Writ of Fi Fa ...first rule of dealing with bailiffs and HCEO's is to remember THEY DO NOT PLAY BY THE RULES

 

Obviously a ccj has been issued it says this on the form - she is unaware of ever having been issued a CCJ. yes they have left a form 55. we have 2 other daughters here who are now frightened to death !!!!

 

Return the form 55 with a letter saying the named person does not live at the given addres and enclose a copy of the Stat Dec, get it signed at any high street solicitors (costs £5-£10) make it quite clear you will not tolerate further harassment and get that stay in place asap.

You will find templates you can adapt for the Stat Dec in the cag library.

 

WD

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unfortunately much as we would like we cant afford to. Its a matter of priciple - Everything in the UK is wrong - she works pays tax on 2 jobs.

 

It just seems the law is an ass, we will fight this tooth and nail . It seems the workers of this country are easy targets , I despair . I will be contacting chesterfield college tomorrow (who are the claimants).

 

If this was a huge credit card debt then I would appreciate this action - she has worked in one job or another since she was 13 !!!!!! it seems work doesnt pay !

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thank you . will do this tomorrow.

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Return the form 55 with a letter saying the named person does not live at the given addres and enclose a copy of the Stat Dec, get it signed at any high street solicitors (costs £5-£10) make it quite clear you will not tolerate further harassment and get that stay in place asap.

You will find templates you can adapt for the Stat Dec in the cag library.

 

WD

 

thank you . will do this tomorrow.

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Wherever she is living, your Daughter would do well to get a stat dec done with a friend or family member too, so if they trace her, they wont be able to levy anything there either ;)

 

It's a wonderful tool that basically emasculates the Bailiff, making his few powers pointless and toothless.


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Return the form 55 with a letter saying the named person does not live at the given addres and enclose a copy of the Stat Dec, get it signed at any high street solicitors (costs £5-£10) make it quite clear you will not tolerate further harassment and get that stay in place asap.

You will find templates you can adapt for the Stat Dec in the cag library.

 

WD

Sorry to be completely thick but could you send me a link for the stat dec template - cant seem to find it - thankyou

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Wherever she is living, your Daughter would do well to get a stat dec done with a friend or family member too, so if they trace her, they wont be able to levy anything there either ;)

 

It's a wonderful tool that basically emasculates the Bailiff, making his few powers pointless and toothless.

 

Does this seem ok -

 

DECLARATION OF OWNERSHIP

We xxxxxxxxxx make this statement knowing that it may be presented to a Court and believing the contents to be true.

 

1. We are the lawful tenants of the aforementioned address and own all its contents and we declare there is no entitlement enabling anyone to change ownership, possession, location, use and enjoyment of our goods or deprive us of them for the purposes of using it as leverage for obtaining a money transfer from somebody else.

2. We further declare that any bailiff or person seeking a money transfer from somebody else including members of our household may not consider our goods property and chattels to be prima facie to be the property of, or belonging to somebody else.

3. This statement will be served on a firm of bailiffs known as Andrew Wilson and co of The Sherriffs office, 26 Missouri Avenue,Salford,Manchester

M50 2NP by ordinary course of post and will be considered good service under Section 7 of the Interpretation Act 1978 as they have made a threat to convert our goods to somebody else's use.

4. I believe that the facts given in this statement are true.

 

Date_10th September 2012

Sworn before me:

______________________________

An officer of the Court.

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Or a simple one

 

 

STATUTORY DECLARATION

 

I,____________________________ ______________

 

address_________________________________________________

 

_______________________________________________________

 

make the following declaration under the Statutory Declarations Act 1835:

 

All items contained within the property at the above address and within it's boundaries, are owned by Mr XXX XXXX & Mrs XXX XXXX . There are no items within the property or it's boundaries belonging to any other person.

 

I understand that a person who intentionally makes a false statement in a statutory declaration is guilty of an offence under section 11 of the Statutory Declarations Act 1835, and I believe that the statements in this declaration are true in every particular.

 

Signed:

 

 

Declared at___________________on__________________of 20___

Before me,

 

 

Full Name___________________________Qualification____________

 

 

Address__________________________________________________

of person before whom the declaration is made (in printed letters)


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