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    • thread title updated. so a sold debt. who are the solicitors? TM legal? why didn't ovo do this themselves as they do but chose to sell the debt on for 10p=£1? funny debt you state you reived a letter of claim, why did you not reply too it.? also is there is no indication of the date this bill comes from on the claimform? how do you know its from 2022? what other previous paperwork have you received? please scan page 1 of the claimform and bothsides of ALL previous letters upto one mass pdf read upload carefully. .................. pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’. Choose ‘Create sign in details’ to register for the first time. You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID. You should make a note of your memorable word, or password as these are not included in the email.  then log in to the bulk court Website https://www.consumeractiongroup.co.uk/topic/466952-lowelloverdales-claimform-old-cap1-debt/?do=findComment&comment=5260464 .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant] ... https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ type your name ONLY Do Not sign anything .do not ever use or give an email . you DO NOT await the return of ANY paperwork  you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] ..............  
    • Thank you again. I'm hoping it will come out in the wash and will endeavour to check my online account. I'm a bit unsettled by not hearing from Booking.com but the host is sounding helpful at the moment. HB
    • I've just remembered that a friend of mine had bookings cancelled on Booking.com about a month ago - and the good news is that all worked out in the wash. I'm at work now but will scribble properly in a couple of hours with the full tale.
    • Thank you Dave. I've had nothing from Booking.com, just a message via the site from the host. I know I need to check my bank account, just trying to resolve some technical issues. HB  
    • Which Court have you received the claim from ? Civil National Business Centre Name of the Claimant ? JC INTERNATIONAL AQUISITION How many defendant's  joint or self ? Self Date of issue – 22 May 2024  Particulars of Claim What is the claim for – 1. The def owes the claimant £300 in respect of gas and electricity charges supplied by OVO. 2. Debt was assigned to the claimant with notice given to the def. 3. Despite formal demand the def has failed to pay the debt and the claimant claims £300 and further claims interest pursuant to s69 of the CCA 1984. What is the total value of the claim? £385 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   Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Energy debt When did you enter into the original agreement before or after April 2007 ? After Do you recall how you entered into the agreement...On line /In branch/By post ? Moved home and they were the current energy supplier  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 assigned to JC International Were you aware the account had been assigned – did you receive a Notice of Assignment? Not sure probably  Did you receive a Default Notice from the original creditor? Again can't remember but probably  Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No Why did you cease payments? Changed supplier What was the date of your last payment? Never  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? No
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can a HCEO seize my wifes car for my debt


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Hi all,

 

just a quick question I have a payment plan with a hceo for a ccj, i have missed 4 months payments and have recieved a letter asking them to contact them to recommence payment plan if i dont contact them then they will send baliffs round etc .

I own a van (used solely for work and is parked away from my home address at the moment just in case :wink:,) however we do have a family car, the log book is in my wifes name and has always been in her name but there is a finance agreement on it in my name.

i just want to know if things go bad and the baliffs visit can they seize her car as i dont have a garage in which to hide it !

 

p

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is it on HP? or bank loan??

if on HP then no, if a bank loan then yes

 

if your married then yes as the courts rule it as joint property, you have a financhal interest in it, just if you were getting divorced, if you couldnt agree who got the car, the car would be sold and the proceeds split

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yes it is hp ,yes we are married incidently the oustanding balance of ccj is £600 car is valued at about 6K there are only about 3 payments left to make on the car so am i right that whilst the hp is still going it is safe from thier clutches ?

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yes it is hp ,yes we are married incidently the oustanding balance of ccj is £600 car is valued at about 6K there are only about 3 payments left to make on the car so am i right that whilst the hp is still going it is safe from thier clutches ?

 

The could levy against the car and worry about any HP afterwards. I am guessing that the HP company would consent to the car being sold, as long as they received the last 3 payments.

 

Is there any reason why you are not recommencing payments towards the CCJ ? I think you would be wise to try to negotiate affordable payments, as otherwise you may get stung for further enforcement costs.

We could do with some help from you.

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Would you care to say how this came about as there may be something you can do to:

i - possibly have the CCJ Set |Aside

ii - possibly have the level of payments reduced

iii - possibly have the actions of the HCEO put on hold

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The could levy against the car and worry about any HP afterwards. I am guessing that the HP company would consent to the car being sold, as long as they received the last 3 payments.

 

 

If this happens then they could be in serious trouble.

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Unless the bailiffs get written authority from the HP company, it would be theft of a motor vehicle at least, and as the car would go for peanuts at auction as a distress seizure without keys and V5, notwithstanding the fact that the bailiff would snatch their fees first, there would be nothing left to cover the last 3 payments, so it is very doubtful indeed the HP company would consent to this imho.

We could do with some help from you.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Can they seize her car

 

If the car is on HP, your wife was not a director/registered owner of the company and not connected to the business they should not be able to do this.

 

What type of company ? Sole trader, limited company ?

We could do with some help from you.

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limited company she is not a director car is in her name not on hp

 

Your liability as a director was restricted anyway and normally they could only go after assets of the business. For the HCEO to go after personal assets, I believe that you would have had to sign a personal guarantee of the companies debts or have been found to have been running an insolvent business. If there was a guarantee or involvency problems, then I suppose they could look at any personal assets. This could include the car, being that you are married and therefore the car may not be seen as just your wifes.

We could do with some help from you.

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