Jump to content


  • Tweets

  • Posts

    • I subscribe to a company called Audible - they are owned by Amazon and they provide audio books. I work as an HGV driver and so I find listening to a book is great for swallowing up the long distances being travelled on the road.   Quite recently, I bought a book and it is proving to be an eye opener in relation to the subject of weight loss. One of its main topics is to discover why so many of us are 'obese'. In the book the author (who seems to be a respected Doctor and researcher) goes on to say that the human body itself is responsible for gaining weight and it is not because of people with low willpower. It also shines a light on what food companies have been doing over the last 40 or so years which has contributed to the existing obsity problem.   I put it out here because I think it would be a great read or listen for those, who like me want to lose weight and keep it off.   It may be better to obtain the printed copy of the book because there seems to be graphs and pictures which I am not able to view because its an audio book.   The book is called: The Obesity Code Unlocking the Secrets of Weightloss by Dr Jason Fung.   I have not finished the book yet so I have not got to the conclusions bit but I notice by doing an Amazon search that there is also an Obsity Code Cookbook so that will be my next purchase.   I will say that what I have heard from the book so far, it seems very balanced and it looks like common sense mixed in with practical advice which will undoubtedly help a lot of people.   I will let you all make up your own minds about it though.   Regards   Alan
    • 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.
  • Our picks

style="text-align:center;"> Please note that this topic has not had any new posts for the last 2470 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi need some advice, my partner opened our door to a ballif last year she unwittingly let him in he proceeded to make a list of items to take .the debt was water rates £1030 she agreed to pay £100 per month .. we paid all intallments .we got to £900 i rang marstons asking how much we owed .i was astonished when told we still owed £800 when i questioned why i had the phone put down on me .i rang water company they said that out of the £100 payment marstons was only giving water company £22 how much can they charge for their part .if i carry on paying this it will be over£4000 i have .i have paid £1300 as it stands can any one help thanks

Edited by davidozzman

Share this post


Link to post
Share on other sites

Thread moved to the Bailiff forum where the guys will be happy to help as soon as they are available.


If I have helped you please leave me a message by clicking my star

 

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

Read Here

3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

Read Here

5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

How To Upload Documents To Cag

Instructions

 

I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

If you receive a private message which you consider abusive, derogatory or otherwise inappropriate, whether it be about yourself or other members, please report it using the "report" icon

 

If you are approached (or have been approached) by private message with an offer of help "Off Forum" or with a view to asking you to visit another website, please inform the site team via the report icon, especially if this results in a request for a fee. Remember, this is for your own protection

my views are my own and are given in good faith to try and help people. Please seek professional advice on your case if necessary

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Share this post


Link to post
Share on other sites

Do you still have the list of goods as notified on the Notice of Seizure, if so can you list them exactly as described? Have you ever been given a breakdown of the charges they have applied?

 

There are 3 other things you can do one of which is very important.

 

1 - apply for a Variation Order - this is done on Form N245 available from HMCTS website, quite simple to fill in & includes I&E to submit to the Court. Cost of the application is £45. This allows you to pay the Claimant direct.

2 - apply for a Stay of Execution against the HCEO, if granted this halts all further enforcement action & charges. We can establish all the grounds you can apply on once we know some of the details asked at the beginning of this post but we can start with:

a - you cannot afford the fees they are charging

b - pending determination of a Variation Order

This is applied for on Form N244 and is a little more awkward to fill in but do have guide to help. Cost of this application is £80.

3 - Send the HCEO a SAR request. Well worth the £10 cost.

 

For items 1 & 2 if you are on a low wage or certain Benefits then you mayy not have to pay the Court fees, see Forms EX160a & Ex160c for details.


Please consider making a small donation to help keep this site running

 

[sIGPIC][/sIGPIC]

 

Share this post


Link to post
Share on other sites
Do you still have the list of goods as notified on the Notice of Seizure, if so can you list them exactly as described? Have you ever been given a breakdown of the charges they have applied?

 

There are 3 other things you can do one of which is very important.

 

1 - apply for a Variation Order - this is done on Form N245 available from HMCTS website, quite simple to fill in & includes I&E to submit to the Court. Cost of the application is £45. This allows you to pay the Claimant direct.

2 - apply for a Stay of Execution against the HCEO, if granted this halts all further enforcement action & charges. We can establish all the grounds you can apply on once we know some of the details asked at the beginning of this post but we can start with:

a - you cannot afford the fees they are charging

b - pending determination of a Variation Order

This is applied for on Form N244 and is a little more awkward to fill in but do have guide to help. Cost of this application is £80.

3 - Send the HCEO a SAR request. Well worth the £10 cost.

 

For items 1 & 2 if you are on a low wage or certain Benefits then you mayy not have to pay the Court fees, see Forms EX160a & Ex160c for details.

hi don't think we have the list he first posted a letter listing a car which was on the drive...then he came back that's when he came in .it was tv / laptop....kitchen items kettle microwave..and no we never had a break down of charges just a letter saying pay £100 a month until further notice

Share this post


Link to post
Share on other sites

The list of items seized is quite important - have any of those you mentioned been scrapped, sold or replaced? I would suggest you get the Subject Access Request sent off tomorrow and work on the Forms ready for sending off ASAP, may take a day or so to get them sorted. Here's an example of a SAR, use & adapt at will & send by a trackable means.

 

"From:

My Name

My Address

 

To:

Acme Bailiff Co

Bailiff House

 

Date

 

Dear Sir

Data Protection Act 1998

Subject Access Request

 

Dear Sir

 

 

Please supply a complete list of ALL the data held and used by you that relate to Mr XXXX. It is also to include third party information held with all other agencies.

 

Additionally where there has been an event in the account(s) history during the period accounts have been placed with you that have required any manual intervention by any member of your staff or any other person I require disclosure of any indication or notes which have been caused or resulted from that manual intervention.

 

I would like to bring to your attention data can be held in written information, e-mails, electronic documents, photographs, CCTV images, telephone conversations and include any recorded or written opinions about me/us and any recorded or written intentions and action taken regarding me/us.

 

I/We would like this information to be sent to my/our home address as listed above. You have 40 days in which to comply.

 

To satisfy payment to supply this information I/we enclose a fee of £10 this payment must not be used for any other purpose.

 

 

Yours sincerely

 

 

A Peeved Debtor"


Please consider making a small donation to help keep this site running

 

[sIGPIC][/sIGPIC]

 

Share this post


Link to post
Share on other sites

They also cannot force entry, despite having a walking posession order (and what they will claim)

 

They will need a (rarely given) signed warrant from a magistrate/judge to force entry. And would have to notify you in advance. Unless its different for HCEO's but I don't think so, not for private homes.

 

Given what you have paid, I would think there is absolutely no chance a Judge will sign a warrant to force entry just for the HCEO's fees. You could tell them to go swivel if the main debt is paid off - check with your supplier if the debt has been cleared with them. If so then the only action the HCEO can take is to try and get a CCJ for his fees, but for some reason Bailiffs are unwilling to go down that route, something about proving "loss" ;)


[sIGPIC][/sIGPIC]

Share this post


Link to post
Share on other sites

Hi no the debt is not clear marathon taking £73 of the £100 i pay and £22 to water company so my calcuaton i have £1300 only £286 has been given to water company that leaves £744 left to pay water but for i would have to pay marstons another £3300 that cannot be legal surely

Share this post


Link to post
Share on other sites
Hi no the debt is not clear marathon taking £73 of the £100 i pay and £22 to water company so my calcuaton i have £1300 only £286 has been given to water company that leaves £744 left to pay water but for i would have to pay marstons another £3300 that cannot be legal surely

 

You could just go into Siege Mode. Refuse to deal with the Bailiffs at all, tell them in writing that you know they will need a rarely granted entry warrant to break in, and just start making your payments to the water company direct. You could put in a complaint to the water company reguarding the bailiff fees, they are are doubling the debt!!!

 

I would be very, very tempted to take the option of having the fees examined by a judge - its not something I know much about, so the proper name and any potential risks involved I am unsure of, but there are people on this thread who will know.

 

Are you on benefits?


[sIGPIC][/sIGPIC]

Share this post


Link to post
Share on other sites

No a self employed bricklayer .but the debt is in my partners name she has no income house wife ..im going to call water company and see what they say ... if it was just me in house i would love the opportunity to see the ballifs and let them know what i think ..but in. out all day i don't want my pregnant partner having them call .it all stinks to high heaven

Share this post


Link to post
Share on other sites
They also cannot force entry, despite having a walking posession order (and what they will claim)

 

They will need a (rarely given) signed warrant from a magistrate/judge to force entry. And would have to notify you in advance. Unless its different for HCEO's but I don't think so, not for private homes.

 

This is incorrect. If the HCEO has seized goods within the property they are entitled to force entry to recover those goods.

 

I would also advise that the OP may have committed an offence under Section 92 of the County Courts Act 1984 by removing and selling seized goods. A conviction is unlikely but it has been known.

 

The OP first need to understand exactly what he has been charged and what has been paid to the creditor.

Share this post


Link to post
Share on other sites

No a self employed bricklayer .but the debt is in my partners name she has no income house wife ..im going to call water company and see what they say ... if it was just me in house i would love the opportunity to see the ballifs and let them know what i think ..but in. out all day i don't want my pregnant partner having them call .it all stinks to high heaven

Share this post


Link to post
Share on other sites

I have been told that ....what are you suppose to do your tv breaks or microwave goeson the blink do you put them safe to one side until the debt is clear ...think not ..

Share this post


Link to post
Share on other sites

Still not sure what to do for best out come do i carry one throwing money at marstons ...there must be some very rich guy at the top of marstons tree laughing his socks off raking it in

Share this post


Link to post
Share on other sites
I have been told that ....what are you suppose to do your tv breaks or microwave goeson the blink do you put them safe to one side until the debt is clear ...think not ..

 

you HAVE to inform the company that owns the property, as it is levied the debtor no longer owns the item

Share this post


Link to post
Share on other sites
you HAVE to inform the company that owns the property, as it is levied the debtor no longer owns the item

Fine just keep the knackered item and tell the bailiff to recycle it the new one isn't on the levy, and anyway, did he write the serial number, make and exact model and colour on the Notice of seizure?

 

If not well no proof, keep the broken one so the bailiff can have it if he wants.

Edited by brassnecked

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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

 

If you want advice on your thread please PM me a link to your thread

 

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!

Share this post


Link to post
Share on other sites
No a self employed bricklayer .but the debt is in my partners name she has no income house wife ..im going to call water company and see what they say ... if it was just me in house i would love the opportunity to see the ballifs and let them know what i think ..but in. out all day i don't want my pregnant partner having them call .it all stinks to high heaven

 

Bingo. Pregnancy can be considered as "Vulnerable" Contact the Bailiff and the Court, and the Water company. I imagine all this is causing your wife severe stress, making her ill, and your worried that its risking the pregnancy due to her stress/blood pressure ;)


[sIGPIC][/sIGPIC]

Share this post


Link to post
Share on other sites
Bingo. Pregnancy can be considered as "Vulnerable" Contact the Bailiff and the Court, and the Water company. I imagine all this is causing your wife severe stress, making her ill, and your worried that its risking the pregnancy due to her stress/blood pressure ;)

Get a letter from the midwife as evidence if you can, as they will want proof


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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

 

If you want advice on your thread please PM me a link to your thread

 

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!

Share this post


Link to post
Share on other sites

The Water Board will not want to know. The way forward is as I said in Post 3 which is a tried and tested method.


Please consider making a small donation to help keep this site running

 

[sIGPIC][/sIGPIC]

 

Share this post


Link to post
Share on other sites
The Water Board will not want to know. The way forward is as I said in Post 3 which is a tried and tested method.

 

Yes at the end of the day, the legal route of the variation, and the stay that will get the HCEO gone is always the best first option.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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

 

If you want advice on your thread please PM me a link to your thread

 

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!

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...