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    • the debt is not SB'd as a CCJ must have been awarded to get restrictions said this numerous times now who is drydens stated client on their letter...Arrow global?  
    • Hello   I'm bringing a claim against a company HQ in the EU but with operations in the UK. T&Cs state UK court jurisdiction.    Am I right in thinking that I send 3 x N001 forms + N215 form + Fee cheque to CCMCC?    The court then takes over, seals the claim and serves it on the defendant?    Reason I'm confused is that some guides seem to imply that I get the sealed claim form back from the court and then serve it on the defendant myself?   Thanks  
    • Evening All,   PFA redacted WS and EL, hoping these will be sufficient to defend my case, yet to add a sequence of events section to WS which I will do tomorrow before sending off to CC and can try to post here for your kind review?   Should I also send to OPS at the deadline, I have still received nothing at all from them - or if they don't provide me their WS and EL I duly don't provide mine?    Approaching the end game now!      Thanks!   RATPCN Exhibit List Redacted.pdf Witness Statement Redacted.pdf
    • Yes is definitely an option – but I am rather concerned about the way that the other one went when they brought in Evershed's. It's still going on but I think it made it more worrying for the claimant. The finance company will have the wherewithal to be able to make strategic delays
    • Well at £7300, I think that any car should be able to run without any serious defect manifesting itself at least a couple of years. This car clearly is not in satisfactory condition when it was bought. Also, can we clarify that the finance was made by way of a loan and not hire purchase. It doesn't make a huge amount of difference but it is something that we should know. You have two targets. You can either sue the garage or you can sue the finance company. Somebody else on this forum in the past 2 or 3 months decided to sue the finance company. I rather thought it was an error because it was taking on the more powerful of the two – and it turned out that the finance company then when instructed a proper firm of solicitors who have simply been obstructive. It doesn't mean that the claimant was more likely to lose – but it became a little bit more nerve wracking and difficult. I would suggest that the best thing to do is to sue the garage who are going to be the weaker party and secure a judgement against them. Then if there is any difficulty enforcing the judgement, you can turn against the finance company but with a judgement already in your hand, any resistance should fall away quite quickly. At that point you can also threaten the finance company with an action under FCA regulations for unfair treatment – because what they are doing is clearly unfair. It seems to me that you need to get a move on. On the basis of what you say, your rights are completely clear and I would suggest that you begin by sending a letter of claim to the garage and writing separately to the finance company and telling them that you are going to be seeing the garage and that once you get a judgement you will be coming after them not only under their obligations under the consumer credit act but also under the FCA Handbook rules – COBS - which requires them as a matter of statutory duty to treat you fairly. The finance company will be quite anxious to avoid a judgement for breach of statutory duty. It may be that the finance company will then feel motivated to put pressure on the garage – but nothing is sure. If this seems to be a satisfactory way forward then it will be a matter of sending a letter of claim – probably in tomorrow's post – recorded delivery and an email as well if you want. You have to be sure that you want to do this and you need to search this forum for information on bringing a small claim in the County Court. It's fairly straightforward and because you are suing for less than the small claims limit of £10,000 it is pretty well risk-free. However it is worth knowing your way around because you will feel more confident about it. Please let us know if this is the way you want to go forward. I have to say that if you rather not do this then your only other alternative would be to go to the ombudsman which will be a very slow process and could last easily up to 12 months or more with an uncertain outcome. I would not recommend it   To add, if as a result of the breach of contract on the part of the garage you have incurred additional expenses, then we may probably be able to think about claiming for those as well.
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I have had a difficult relationship with my now Ex, particularly financially. I am on benefits (as a carer), he recently went self employed which has only made my income situation worse because he hasn't been earning a great deal, hasn't given me receipts that I need to continue all the benefits (which I should be able to) so I am very very short of money right now.

 

I received a Distress Warrant from Collectiva dated 3rd June related to several fines (totalling just over £1,000 that he was supposed to be paying off. He hasn't obviously, it looks like he's hardly paid anything off. The letter says that they will come round and collect the money or will be able to break in and take my furniture. The stuff in the house is all mine, I probably have receipts for a lot of it, but some of it is years old so won't have receipts for all of it.

 

It was the last straw and I gave him his clothes and told him to leave (the warrant has only been issued because he hasn't done what he needed to to sort the situation out.., he's had months to sort this out).

 

The problem is, I can't prove he's left the premises. The tenancy agreement is in our joint names. I will be phoning on Monday to change all the benefits to my name only (which will for a few weeks leave me with even less money coming in) but I doubt I will get notification of the benefit changes by the two weeks the Distress Warrant suggests I will have bailiffs coming round.

 

What can I do, if anything? I have two children and lots of stuff in the house the bailiffs could take. I won't let them in, but the letter says they can force entry.

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You can swear a statutory declaration at your local Magistrates or Solicitors office to say that all item at x address are solely owned by you. I believe the staff at Magistrates don't charge for this, but Solicitors will charge a small fee ( I have seen £10-£20 quoted). Then provide this to the bailiff, so they are made aware of the situation. You could also send a copy to the Magistrates courts Manager responsible for bailiffs with a covering letter explaining the situation.

 

I would suggest that you do this on Monday. Bailiff can force entry to collect fines, but it does not happen very often and is only done at the last resort.

We could do with some help from you.

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Get three notarisesd copies of the Stat dec, one for the court office that is chasing the fine, one as a spare, and one to pass to the bailiff through the letterbox if you don't want to answer the door to him. Film the visit throgh the letterbox even with a mobile phone to record any unlawful threats or claims the bailiff will make, especially iif he claims right to break in under the Domestic Crime and Violence Act 2004, stating that he cannot enter the named debtor is not there and is no longer resident, as per the stat dec you have passed him, and also supplied to the court which you expect will call him off. If he doesn't go call the police.

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 OTHERS

 

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!

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Yes the distress warrant is solely addressed to my ex. Its for several driving fines.., I don't drive and never have and have never had any encounters with the police of any kind. Because my OH hasn't been handing over work expense receipts on time, I have just enough money to pay the rent in the bank. I do mean just enough. If I pay for notorised copies, I won't be able to pay the rent. I've only been able to do this by keeping us very short on food. Once I tell benefits I have split with my ex.., all benefits will come to a stop so I will then have no money at all coming in for a few weeks so its not going to get better immediately.

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Well, you need that stat dec to prove to the bailiffs and court what you say is true. Otherwise it will be very hard for you to prove what you say and further action could be taken.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

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It really is important that you get the SDs but I understand your concern about the money.

 

Could you get a crisis loan? I don't know who you apply to, because I think I read somewhere on here that this is now handled by local councils, but I may be wrong.

 

You could phone DWP and ask, or try the local council.

 

DD

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Many thanks for all your help.

 

I didn't know I could get a notarised statutory declaration so I will work on that on Monday. Hopefully it will stop this getting any worse.

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