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    • I wonder if anyone can help me. I had a loan with a high street bank from about 10 years ago and I had to stop paying because I lost my job. I reduced my payment to a token payment for a few years but I then ceased this some years ago because I took some advice from an online forum which said that I should ask a ‘Subject Access Report’. I did this and I also asked for a copy of the contract with both signatures which highlighted that myself and the bank had a contract and what its terms were. As the loan was made up of an overdraft and a formal loan I thought they would have paperwork. However, eventually the bank responded by saying that they had no contract and they admitted that as such it was not enforceable in court. Over the last year, the bank have again appointed Moorcroft Debt Recovery Limited to use their strongarm tactics. I have not been responding to the last couple of letters asking me to contact them to arrange a payment plan and now their letters are becoming more threatening. Here is the text of their latest letter……. Quote   We are aware that you have failed to agree an affordable repayment plan with us concerning the above account.   As no agreement has been reached we are now in the process of reviewing your account to consider the steps which may be taken in relation to further debt recovery action. The options include recommending one of the following:   ·         1. Continue in our attempts to contact you by letter and phone. ·         2. Instruct a local representative to arrange to call at your home address to try to re-establish contact with you.   To prevent possible further action you must contact us. Failure to contact us by the 22/10/19 will result in one of the aforementioned debt recovery actions being undertaken without further notice.  Unquote As you can see, they are now getting more threatening. I really do not want people knocking at my door – does anyone have any ideas as to what I can do to sort this situation? I do not want to pay for something that seems unenforceable but I do not want knocks at my door either. Any help would be appreciated.   Kind regards    
    • Yes it was a tomlin/consent order I have a recent statement its not showing any additional charges on it. The statement does not show the balance to pay each month, as the contract was terminated in March 17 and the termination bill was added to the account so my payments reduce the account balance £14262.38  Capital £6995.00 Interest £7213.38 Plus 3 x £18 charges  I presume if it went to court again I would be notified?    I thought court costs and charges could increase a balance owing but not be included in arrears or court proceedings when listing the amount owing, or am I wrong?    
    • Check to see if they are adding monthly charges inflating arrears as per DX.
    • .So I’ve been at the flat for a number of years , you had to be a certain age back then, now all ages and couples with young babies get put here , first floor , no garden not a good area not so bad either .   ive just had a letter to say I’ve been taken off the list to transfer to a more appropriate home ,  no notice just taken off, council are saying my age group no longer qualify.. I spoke to equality and human rights council they suggested I complain siting The Public Sector Equality Act 2010. ( The General Duty and Specific Duty)  relating to age discrimination.      But I’ve also come across this in LAW Quarterly online Mag.    LHA’s allocation scheme suspending applicant’s ability to bid (R (Alemi) v Westminster City Council) The High Court has held that Westminster City Council’s allocation scheme suspending certain applicants from bidding for social housing for 12 months breached section 166A(3) of the HA 1996 (setting out which groups of people should be given reasonable preference when allocating housing).   Interesting i thought?               
    • so you've had a notice of assignment then?   if so that's rare for nasty west to sell it on they typically litigate themselves so I bet the debt is vastly inflated with penalty charges and the interest they attract.   i'd be sending NW an sar get all the statements. then go thru them with a fine toothed comb.   could be £1000's to reclaim....   pers i'd stop paying   what was the original debt amount and what is outstanding now a bit more info on the history please   dx    
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To be very quick.

 

I had 2 court fines.

 

I came home from work one day and found a letter for both, one £330 the other £530.

 

I rang the bailiff and paid the £330 and told him I can pay the £530 on the 16th.

 

Last week my car broke down and I had to buy a new one. This obviously ate up my money.

 

Today I received a text from the bailiff confirming that the payment is due today.

 

I said that I don’t have the money to pay it, can you email me the court letter and I have spoken to citizens advice and shall pay it online

 

His reply

 

“Not a problem, I’ll let the removal team know they need to attend to remove goods from the house. Broken payment arrangement. This warrant has a power of entry from the court and I will be enforcing it”

 

Seriously what can I do?

 

Any help greatly appreciated

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Magistrates Court fines do indeed carry a forced power of entry. However it is for the more persistent offenders who treat the process as a joke. It is used very infrequently. Before you got the letters from Marstons did you receive a Further Steps Notice from the Court - a legal requirement? I ssume you also knew about the original fines?


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The fines, as ridiculous as this sounds is for not buying the full fare for a train ticket.

 

We are talking pounds.

 

I don't recall any further steps or payment letters from the court.

 

I thought that they cannot take goods unless they have a levy?

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sorry but if its just a few pounds

why have you let it go this far?

 

were you aware of the prosecution

 

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We moved house shortly after this happened.

 

It is around 8 months old.

 

I understand that in all reality the fine if for a criminal offence, regardless how small the crime is.

 

But would the magistrates really allow forced entry on such an amount?

 

I keep on reading different variations on the law and personally, I think his threat to bring a removal team after never being in my house is a bluff.

 

I would like a professional opinion.

 

Thanks

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UPDATE

 

I rang him but got his voicemail - I left a message saying that I am happy to pay £200 and that I will not be threatened.

 

His reply.

 

"It is not a threat it is the LEGAL and LAWFUL procedure for a distress warrant to be executed at your home address. It is a court warrant for criminal offence fines. I will execute the warrant and REMOVE goods from your home address. I will only accept payment in full. I am not a baliff and i DO have the power to come into your home address. If you do not believe me by all means ring the magistrates court"

 

Panicking now guys.

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Don't ring him unless you can record the call. If you have moved house since all this happened it would be more worthwhile contacting the Court and see if they will let you swear a Statutory Declaration. If so it will rewind the fines and the Bailiff disappears.


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Don't ring him unless you can record the call. If you have moved house since all this happened it would be more worthwhile contacting the Court and see if they will let you swear a Statutory Declaration. If so it will rewind the fines and the Bailiff disappears.

 

That would actually be true, because we moved house in July and didn't receive anything from the council at our current house.

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A quick call to the Bailiff may be in order - to ask what address is on the Warrant or if he doesn't have it where you can see it.


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I am not a baliff and i DO have the power to come into your home address. If you do not believe me by all means ring the magistrates court"

 

Slightly confused at that statement, Would this be correct Plodders? Im of the opinion that only certificated bailiffs have the powers of removal!

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A quick call to the Bailiff may be in order - to ask what address is on the Warrant or if he doesn't have it where you can see it.

 

The actual event happened whilst at my old address - I've just spoken with the court and all of the letters have gone to that house.

 

The only correspondence I have received at my new address is the hand delivered "In for the kill" letter I.E Warrant. The court are now trying to find out if i can do a stat dec.

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The actual event happened whilst at my old address - I've just spoken with the court and all of the letters have gone to that house.

 

The only correspondence I have received at my new address is the hand delivered "In for the kill" letter I.E Warrant. The court are now trying to find out if i can do a stat dec.

 

I cannot see a problem why they cannot go ahead with a state dec, Its pretty straight forward.

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I presume with a Stat Dec I just go into the court, tell them my story with proof, then I can arrange a Standing Order?

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Slightly confused at that statement, Would this be correct Plodders? Im of the opinion that only certificated bailiffs have the powers of removal!

 

 

More likely a typo.


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Would the one you have paid be the same? If so do one for that as well but unsure who repays the fees they charged.


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Should I tell the bailiff I intend to get a Stat Dec?

 

Wait until it is done.


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UPDATE

 

I rang him but got his voicemail - I left a message saying that I am happy to pay £200 and that I will not be threatened.

 

His reply.

 

"It is not a threat it is the LEGAL and LAWFUL procedure for a distress warrant to be executed at your home address. It is a court warrant for criminal offence fines. I will execute the warrant and REMOVE goods from your home address. I will only accept payment in full. I am not a baliff and i DO have the power to come into your home address. If you do not believe me by all means ring the magistrates court"

 

Panicking now guys.

 

If he's admitting to not being a bailiff, he cannot attend your home address or execute the warrant. It would be illegal for him to do so. This is beginning to become a common thing with Marstons, using uncertificated employees to execute magistrates' Distress Warrants. He cannot remove goods from your home without first gaining entry and obtaining a valid levy.

 

Also, why are you being charged £330 and £530? Could you tell us how much the individual fines are, please?

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Slightly confused at that statement, Would this be correct Plodders? Im of the opinion that only certificated bailiffs have the powers of removal!

 

As far as I am aware, the HMCTS contract requires certificated bailiffs to execute warrants. If HMCTS were to find out that persons who were not authorised to levy distress were executing warrants on behalf of HMCTS, I think the unmentionable would make contact with air conditioning equipment.

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