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    • I'm still pondering/ trying to find docs re the above issue. Moving on - same saga; different issue I'm trying to understand what I can do: The lender/ mortgagee-in-possession has a claim v me for alleged debt. But the debt has only been incurred due to them failing to sell property in >5y. I'm fighting them on this.   I've been trying to get an order for sale for 2y.  I got it legally added into my counterclaim - but that will only be dealt with at trial.  This is really frustrating. The otherside's lawyers made an application to adjourn trial for a few more months - allegedly wanting to try sort some kind of settlement with me and to use the stay to sell.  At the hearing I asked Judge to expedite the order for sale. I pointed out they need a court-imposed deadline or this adjournment is just another time wasting tactic (with interest still accruing) as they have no buyer.  But the judge said he could legally only deal with the order at trial. The otherside don't want to be forced to sell the property.. Disclosure has presented so many emails which prove they want to keep it. I raised some points with the judge including misconduct of the receiver. The judge suggested I may have a separate claim against the receiver?   On this point - earlier paid-for lawyers said my counterclaim should be directed at the lender for interference with the receiver and the lender should be held responsible for the receiver's actions/ inactions.   I don't clearly understand that, but their legal advice was something to do with the role a receiver has acting as an agent for a borrower which makes it hard for a borrower to make a claim against a receiver ???.  However the judge's comment has got me thinking.  He made it clear the current claim is lender v me - it's not receiver v me.  Yet it is the receiver who is appointed to sell the property. (The receiver is mentioned/ involved in my counterclaim only from the lender collusion/ interference perspective).  So would I be able to make a separate application for an order for sale against the receiver?  Disclosure shows receiver has constantly rejected offers. He gave a contract to one buyer 4y ago. But colluded with the lender's lawyer to withdraw the contract after 2w to instead give it to the ceo of the lender (his own ltd co) (using same lawyer).  Emails show it was their joint strategy for lender/ ceo to keep the property.  The receiver didn't put the ceo under any pressure to exchange quickly.  After 1 month they all colluded again to follow a very destructive path - to gut the property.  My account was apparently switched into a "different fund" to "enable them to do works" (probably something to do with the ceo as he switched his ltd co accountant to in-house).   Interestingly the receiver told lender not to incur significant works costs and to hold interest.  The costs were huge (added to my account) and interest was not held.   The receiver rejected a good offer put forward by me 1.5y ago.  And he rejected a high offer 1y ago - to the dismay of the agent.  Would reasons like this be good enough to make a separate application to the court against the receiver for an order for sale ??  Or due to the main proceedings and/or the weird relationship a borrower has with a receiver I cannot ?
    • so a new powerless B2B debt DCA set up less than a month ago with a 99% success rate... operating on a NWNF basis , but charging £30 to set up your use of them. that's gonna last 5mins.... = SPAMMERS AND SCAMMERS. a DCA is NOT a BAILIFF and have  ZERO legal powers on ANY debt - no matter WHAT its type. dx      
    • Migrants are caught in China's manufacturing battles with the West, as Beijing tries to save its economy.View the full article
    • You could send an SAR to DCbl on the pretext that you are going for a breach of your GDPR . They should then send the purported letter of discontinuance which may show why it ended up in Gloucester and see if you can get your  costs back on the day. It obviously won't be much but  at least perhaps a small recompense for your wasted day. Not exactly wasted since you had a great win  albeit much sweeter if you had beat them in Court. But a win is a win so well done. We will miss you as it has been almost two years since you first started out on this mission. { I would n't be surprised if the wrong Court was down to DCBL}. I see you said "till the next time" but I am guessing you will be avoiding private patrolled car parks for a while.🙂
    • It is extremely disappointing that you haven't told us anything about the result of the hearing. You came here at the very last minute and the regulars - all unpaid volunteers - sweated blood trying to get an acceptable Witness Statement prepared in an extremely short time. The least you could have done is tell us how the hearing went, information invaluable for future users. Evidently not.
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Hi all, not sure where to post this so posting here.

 

I had a council tax debt passes onto Swift credit services back in March time, intotal it was around £1200.

 

I offered to pay £100 p/m which they accepted. However, when I started maternity leave my pay dropped quite alot. I continued to make monthly payments but always less than the £100 (never less than £50) They never mentioned me paying less so I continued to do so.

 

I emailed them this week because my partner lost his wallet which contained the bank card that both our wages go into. I simply asked if there was another way to pay until we got a new bank card. 3 days later they had e-mailed me back saying they "noticed my account was in arrears, therefore my arrangement is null and void" and to "make payment by 30th Nov" and "if i cant afford to repay they sugguest I contant their office to arrange for a baliff to call at my home to discuss my acount in more detail"

 

I am now at a complete loss as to what I do. This information was only emailed to me, I have not recieved a letter stating that my accounts are in arrears and that a baliff will be calling.

Do they have to give me notice of someone coming in form of a letter?

 

Do they have to obtain something from the court before they can send someone?

The council did obtain something though I cant remember what? It went to court and I didn't need to attend. It was then passed onto Swift.

 

Any advice would be appreciated

 

Thanks

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Have the bailiffs been inside your property have they a levy on goods

 

if so can you list the items on it

you do not have to deal with the bailiffs we need to look at the fees bailiffs have charged

 

Bailiff action must now stop you are classed as vulnerable as pregnant

 

the council will have a liability order for this debt

 

Email bailiffs and council explaining you are classes as vulnerable and all bailiff action will now stop

if council don't understand there own rules contact your local MP

 

Payments towards this can be made direct to council

If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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Thanks for your reply. A baliff has not yet visited my property, I think this will be their next step though.

 

I had my son on the 29th of September, so no longer pregnant. I have been diagnosed with post natal depression, I had an horrendous time having him and was left feeling awful low.

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Thread moved to Bailiff Forum.

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you need to contact the council to find out the correct balance

 

I would be paying this back direct to the council

with regard to bailiffs they have NO right of entry can NOT break in do not let them in deny them a levy

keep car away from property to prevent a levy

 

you do not have to deal with bailiffs and there made up fees

 

I had bailiff issues when my son was 8 weeks old in intensive care he a bag of beans now terrible 2`s

It is hard at times but all worth it

If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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I have e-mailed the council asking them to take the account back, although I doubt they will.

 

Ploddertom- I recieved a letter form Swift credit just saying the debt had been passed onto them ect. This is the only letter I have ever had off them. We came to a payment agreement through e-mail. They e-mailed me telling me that my account was in arears ect. Thats why im wondering if they have to send a letter, not an email. Yes im in Wales, as far as im aware no baliff charges have yet been added.

 

Thanks

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Do they have to obtain any documents before they can call at my house? Im trying to figure out how long i have between now, and someone turning up, so I can get an idea of how much I can pay before someone does come.

 

The e-mail they sent said to make the payment by 30th Nov (is this my 7 day notice)?

 

And if I couldnt pay, to contact them to arrange for the baliff to come to talk about my account with me. Its so confusing!

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So far it would appear they have added no charges - they cannot charge for sending a letter. The idea of the Bailiff turning up is for him to do a levy on your goods. Whatever happens do not allow this as it will end up costing you more.

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They do not have to give you any notice of attending but by giving you a time limit - 30 Nov - it gives you time to collate some info to fight back with. As you have recently given birth & now are now suffering from PND should put you into the vulnerable category according to the National Standards for Enforcement Agents. This means your account should be handed back to the Council. To claim this you will need to write to both Bailiffs & Council outlining your case. You will also need to provide proof of same - letter from midwife or medicalprofessional.

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There is also no law that says you have to deal with or speak to a Bailiff and how much you pay is completely up to you, after all it is your money. You can pay the Council direct using online banking, Council website or automated phone and if you do you need to pay regularly - £10 every Thursday for example. You will also need to budget extra for lawful Bailiff fees, providing you deny him access to your home or prevent him gaining a levy on goods outside then the most you can be charged is £38-50 consisting of £22-50 1st Visit & £16-00 2nd Visit - the rates are slightly lower for you than for us.

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I have e-mailed both outling my PND and the horrendous time I had while having my son and after. I just looked up the vulnrable list and I dont think I would be under that. I'll stick it out and see if I get any replies. Should I send an actual letter to both or will the e-mails I have sent be ok?

I probably won't hear anything from the coucil until Tues, the baliff company take forever to answer e-mails, so it wouldnt surprise me if I dont get an e-mail back until Fri the 30TH.

 

I am wondering whether I should just arrange for the baliff to come to my house so we can discuss repayment. I know I will pay it back so im not too worried about the levy charge ect

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I am wondering whether I should just arrange for the baliff to come to my house so we can discuss repayment. I know I will pay it back so im not too worried about the levy charge ect

 

Please don't this will attract fees

bailiff has no right of entry

 

all they will do is make arrangements to pay after a few months will claim you are in arrears when you are not

and add a van fee £180

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If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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The things is I know im am going to be constantly stressed thinking that baliffs could turn up at any minute.

 

And if they do you can ignore the door just like you may do when phone rings with a withheld number

If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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please don't let the bailiff into your home to come a payment agreement you will be even more stressed after he leaves than you are now

 

 

this is how it works

 

Bailiff enters home Levy's all/most goods in your home(levy and walking possession fee added to the debt) AFTER he has done this HE WILL tell you how much you need to pay per week /month this Will be considerably more than you can afford (he knows you defaulted on £100 per month so he will ask for £150/200) he will tell you tough when you tell him you cant afford that

 

He/ swift will make sure you miss your payment date by fair means or foul If your payment is 1 day late or 1p short you will be charged a van fee £150/200 and they will then relentlessly hound you threatening to re-enter your house to remove your goods if you cant pay the full outstanding balance immediately

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So if I don't let them in, where does it go from there? I've read you can be arrested for not paying. Or they can force entry into the house.

Arrest is a last resort for a wilful non payer at the end of a long road, so the bailiff cannot say he will arrest you, kidnap the cat take the baby etc, indeed if he threatened arres/forced entry at this stagehe would be up the creek. Take notice of what ploddertom and hallowitch have advised and do it. Pay the council directly what you can afford, and yes IMHO you ARE vulnerable so get that email and proof in.

 

DO NOT LET THE BAILIFF IN. You will get at least £500 of fees many dodgy added over time whilst you pay them, many more threats and intimidatory calls and letters with a van fee at every visit of £150, for a van.attending to remove, if you do. If you deny them a levy, the most they can have is a total of £42.50 for a First and Second visit fee

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Thanks guys. My partner isn't yet aware of what they are doing, he knows about the debt but I haven't yet told him about the email I had. I will see if I get a reply from the council then tell him. I dint know if I'll be able to get a doctors note. I have a mild form of pnd, I was diagnosed with that and the doctor told me it would probably go as I started to heal from the injuries I in cured while having him, and I do feel much better than I did. The doctor would be able to see the difference in me from then to now so I doubt he dull give me one.

 

The annoying thing is I could afford to pay all the debt outstanding, but not til the 10th of Dec. I nave outlined this to swift, but I highly doubt they will allow me an extension.

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The annoying thing is I could afford to pay all the debt outstanding, but not til the 10th of Dec. I nave outlined this to swift, but I highly doubt they will allow me an extension.

 

If that is the case and you can do it comfortably then if I were you I would keep stalling. Given the time of year do not let yourself go short.

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