Jump to content



  • Tweets

  • Posts

    • is response to CPR rules you sent me - my observations are   1)they havent stated under what law/legislation they make a claim, they have mentioned document they rely on but didnt serve it with application as above   2)they didnt serve application or evidence on me ever! court knows this    3)this is a telephone hearing where no oral evidence is to be given , do we do skeleton arguments or court bundle , when do we give to court - order is to only submit evidence in response 7 days before hearing   4) there are /is a document which gives complete defence to the claim, disclosable at trial , so they shouldnt have sought summary judgement a)i have an email from them ,  a deed of guarantee and indemnity (DOGI) was required for guarantee, pre condition to lending b)i have a docusign email sending request to sign this  DOGI document (not attached it was a docusign login) , c)they dont have a copy of it and havent provided under SAR or specific request.  d) anyone who does a DOGI, is not defined as a 'Guarantor' in the agreement, which is not signed in a personal capacity anyway, e)so in the application they rely on loan agreement having a self contained gurantor section, and the fact my name is next to word guarantor (but not signed personally, no statute of frauds anyways)   their definition of a guarantor-"person named in offer letter who enters into this loan agreement to provide a personal guarantee and indemnity. this definition excludes any third party guarantor who enters into a seperate DOGI"
    • Hi Anney.   Let's give this a bit longer. With the best will in the world, altosbestos hasn't been here very long and we don't know much about them. It would be good to know what forum regulars think about what altos is advising.   HB  
    • thanks for that very helpful, ill make some points on it in a minute just wanted to say they never served me application against CPR, i had to obtain off court a copy. They refer in wtiness st - marked as what they rely to support application a paginated bundle PR1 which apparently accompanies the statement, i can see from the references and amount of pages it should be the loan offer and loan agreement, as you would expect.   so i asked court can i have copy of PR1 so i can check, they just got back and said  claimant has never either in electronic database or in paper, served a bundle PR1 with the application,    there said it was claimants job to serve everyone and me- so ask them      i was about to and i had a thought, they havent submitted any evidence in support of their application why remind them !   in theory judge will get to hearing and go where is your evidence of this agreement?   and for the record they are very sloppy and do make major mistakes in their paperwork, so this isnt unusual
    • You can draft the letter before action yourself and send it against the individual that's not giving you clear responses. No need to involve solicitors at this stage.   I would recommend you do it today, start maintaining a paper trail. 
    • Obviously the real proof will come when the contract is revealed.   In the meantime you could write to the DVLA asking who applied for your data back in 2017. And show them the signage where both companies are listed and ask in view of who asked for your details, did the right one apply and what is their view on both companies showing on the sign.   Is this legal and explain that you are in the middle of a Court case and they may be called.
  • Our picks

    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
        • Like
    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies

Please note that this topic has not had any new posts for the last 2688 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

My husband received a letter saying that he had a ccj back in may that we didn't know about.

 

We don't dispute the debt, we have had a lot of difficulties recently and have other ccj's that we pay £1 a month to.

 

If we had received the court notice we would have asked to pay the debt in installments like our other debts.

I can only assume the court letter went to our old address (we left 5 years ago)

where we were when the debt first became a problem.

 

However the creditors, dca and solicitors etc have been communicating to us at our current address.

 

Yesterday an HCEO left a note while we were out stating intention to seize goods.

It is one of the ones that starts TAKE FORMAL NOTICE.

 

We have until 3rd september to find £3000+ which is obviously impossible.

 

I have been looking into submitting a N244 form and have spent all last night and today researching and stressing.

 

We have children aged 8 and 3 and we really don't want to be locking all the doors and windows,

plus explaining to the children why we are ignoring the doorbell but I guess needs must.

So far the HCEO hasn't come back.

 

I have a couple of questions if anyone could help.

 

1. Is the HCEO likely to come back before 3rd Sept?

2. Can they take my car if the CCJ is for my husband (car is in my name)?

3. If we go down the N244 application what do I put on it, and can we take it to a local court?

Does it have to be a high court?

4. I looked up the bailiff on the register linked on here but could not find the name,

though did find the company (high court enforcement group) Is the register accurate?

5. I have found the ccj court reference on my husbands credit report

but is this what I would refer to on any applications etc as I don't have any reference details for the writ of fifa etc?

6. Clutching at straws but is it possible this is just a scare tactic and they actually have a writ of fifa?

 

Thanks in advance

Link to post
Share on other sites
  • Replies 59
  • Created
  • Last Reply

Top Posters In This Topic

Get a set aside application into the court fast. You also need to Inform the hceo that you are doing so.

 

The bailiff is ordered by the court to get payment and they wont stop until the court tells them.

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..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites
Get a set aside application into the court fast. You also need to Inform the hceo that you are doing so.

 

The bailiff is ordered by the court to get payment and they wont stop until the court tells them.

 

Thank you. I looked at that but it talks about filing a defense. We don't want to defend as we are willing to pay in installments (as much as we can afford). I guess I can put that on the form instead? Which court do I take it to? Thanks.

Link to post
Share on other sites
Thank you. I looked at that but it talks about filing a defense. We don't want to defend as we are willing to pay in installments (as much as we can afford). I guess I can put that on the form instead? Which court do I take it to? Thanks.

 

You do the set aside on the basis the claim was sent to the wrong addess. You then have a chance of being able to agree instalments and don't have to pay the excessive fees the HCEO will want.

 

The set aside is not to argue the issues of the claim in this instance. It is so you are not stitched up by having an HCEO taking your goods away to sell.

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

Link to post
Share on other sites

Check trustonline to see if the CCJ shows at the old address. There is a small fee for this.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

Yes the Baliff will return.

No he can't take the car, but move well away from the property.

NO it is not a scare tactic.

 

What company has applied for the enforcement i.e. the creditor??

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

Regardless of the paperwork going to a wrong address the SetAside would fail as the OP is admitting the debt and does not have the means to pay so would therefore be swapping one CCj for another.

 

There are howebver 2 further applications that can be made:

1 - Stay of Execution - this may be applied for and if successful will halt all further HCEO action & charges although charges to date may stand. Applied for again on N244. Look this up and I will be back later to help if need be. Cost of application is £80.

2 - Variation Order - topay in instalments. Use N245 easy to fill in. Cost of application £40/£45.

 

If on certain Benefits or low wage use Forms Ex160a & EX160c for Fee Remission.

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

 

[sIGPIC][/sIGPIC]

 

Link to post
Share on other sites
Check trustonline to see if the CCJ shows at the old address. There is a small fee for this.

 

It does appear at the old address.

 

The creditor is the owner of an industrial unit we rented. We left because it was in a terrible state - holes in roof etc. We were originally going to contest the debt but then heard nothing for years and kind of forgot about it amongst all our other debts. We are hoping to go bankrupt in the near future when we have raised the fees!

 

I will have a look at stay of execution. Could we do that as well as a set aside? We don't care about getting another ccj as long as we can pay in installments until the time we can go bankrupt.

Link to post
Share on other sites

 

I will have a look at stay of execution. Could we do that as well as a set aside? We don't care about getting another ccj as long as we can pay in installments until the time we can go bankrupt.

 

As you accept you owe the debt then a Set Aside would be refused. You would need more than just the paperwork was sent to an old address - such as you did not owe all or some of the debt claimed, making a counterclaim etc.

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

 

[sIGPIC][/sIGPIC]

 

Link to post
Share on other sites
As you accept you owe the debt then a Set Aside would be refused. You would need more than just the paperwork was sent to an old address - such as you did not owe all or some of the debt claimed, making a counterclaim etc.

 

OK thanks. I'm still not sure which court to go to - our local one or northampton?

Link to post
Share on other sites

The N245 for a Variation Order must be returned to the Court where the original CCJ was granted. I'll come back to the N244 for a Stay when I get home this evening.

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

 

[sIGPIC][/sIGPIC]

 

Link to post
Share on other sites
As you accept you owe the debt then a Set Aside would be refused. You would need more than just the paperwork was sent to an old address - such as you did not owe all or some of the debt claimed, making a counterclaim etc.

 

What happens with the HCEO fees, if a variation order is agreed ? Had the claim form been received at the correct address, it would have been possible to read the POC and perhaps there may have been good reasons for a defence to be offered. I think it might be a bit silly to accept the CCJ, without considering this a bit more. Personally I think it might be worth doing the set aside, with reasons for the defence. e.g the claimants rented unit was in a terrible state, this fact was drawn to their attention on numerous occasions without any remedial work being completed.

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

Link to post
Share on other sites
What happens with the HCEO fees, if a variation order is agreed ? Had the claim form been received at the correct address, it would have been possible to read the POC and perhaps there may have been good reasons for a defence to be offered. I think it might be a bit silly to accept the CCJ, without considering this a bit more. Personally I think it might be worth doing the set aside, with reasons for the defence. e.g the claimants rented unit was in a terrible state, this fact was drawn to their attention on numerous occasions without any remedial work being completed.

 

In some respects you may be correct however the Judge will look at facts of the debt and the condition of the unit will not be taken into consideration - unless of course the OP went into this without seeing the unit first & I won't make any comment on that if they did so.Witholding rent due pending repairs being carried out is a no no, that was a matter for discussion between the OP and the owner or LL. The POC will no doubt state that the OP agreed to rent a unit for a set sum and did not pay, the answer being a simple yes or no.

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

 

[sIGPIC][/sIGPIC]

 

Link to post
Share on other sites
The N245 for a Variation Order must be returned to the Court where the original CCJ was granted. I'll come back to the N244 for a Stay when I get home this evening.

 

Thank you so much!

 

I don't think the letter had a form number on it (I am not at home but husband sent me a photo of the letter) is that relevant? There is also info on the reference number or anything for the writ of fifa?

 

Is the bailiff not being on the register insignificant? Thank you everyone for your replies and help

Link to post
Share on other sites
In some respects you may be correct however the Judge will look at facts of the debt and the condition of the unit will not be taken into consideration - unless of course the OP went into this without seeing the unit first & I won't make any comment on that if they did so.Witholding rent due pending repairs being carried out is a no no, that was a matter for discussion between the OP and the owner or LL. The POC will no doubt state that the OP agreed to rent a unit for a set sum and did not pay, the answer being a simple yes or no.

 

My husband rented the unit knowing the poor state (he was desperate it's a long story) He kept asking for repairs and then left the unit whilst still owing rent, so he would have no defence. We know he is in the wrong but we had no choice at the time as our house had just been repossessed and we were in a big mess. Hence his admission to the debt and willing to pay something towards it.

Link to post
Share on other sites

 

I don't think the letter had a form number on it (I am not at home but husband sent me a photo of the letter) is that relevant? There is also info on the reference number or anything for the writ of fifa? You should have been left a Form 55, this should contain quite a lot of info including the County Court it was transferred from, the CCJ No, the Writ No & who the Authorised HCEO - a different person from who attended usually.

 

Is the bailiff not being on the register insignificant? You are not dealing with a Bailiff like you would for Council Tax. An Authorised HCEO may employ anyone he likes to visit you on his behalf, whilst a lot are actually Certificated Bailiffs many are not and there is no list available for these people. There is a list of Authorised HCEO's which can be found on the HCEOA website but there are only about 70 or so of these if memory serves me right. Thank you everyone for your replies and help

 

PT

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

 

[sIGPIC][/sIGPIC]

 

Link to post
Share on other sites

You say you have other CCJ's, have any of these had enforcement by either the County Court Bailiff or HCEO? Have you had any goods seized either in this instance or previouusly? If so have you been left a Notice of Seizure? Have you actually met the latest Enforcement Officer or did he just post a letter? If a letter was just posted was it by hand or via Royal Mail?

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

 

[sIGPIC][/sIGPIC]

 

Link to post
Share on other sites
You say you have other CCJ's, have any of these had enforcement by either the County Court Bailiff or HCEO? Have you had any goods seized either in this instance or previouusly? If so have you been left a Notice of Seizure? Have you actually met the latest Enforcement Officer or did he just post a letter? If a letter was just posted was it by hand or via Royal Mail?

 

None of our other ccj's have been enforced by bailiffs or hceo and we have never had any of our goods seized. We did many many years ago have a bailiff visit for unpaid business rates. They did a walking possession order but we paid the rates the next day.

 

the hceo came while we were out so we didn't see him or her. I assume the letter was hand delivered but didn't see it as my husband hid it so I didn't get upset. I then came to my mums for the weekend (still away now) and he rang me about the letter. I'm awaiting his reply on whether or not it was hand delivered. The letter does not say form 55. There is the ccj reference number on it and another longer ref number but no mention of a writ reference number. It does say which court it was transferred from. There is the name of who visited and another name.

Edited by bobalott
Link to post
Share on other sites

Hi bob. Please edit out the reference numbers and other personal details.

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..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites
Hi bob. Please edit out the reference numbers and other personal details.
Done, thanks

 

 

My husband has confirmed that the letter was hand delivered.

 

I've read somewhere that the N244 might have to go to the original court. We live in Derby, does anyone know if it's likely we can do it at Derby court?

Link to post
Share on other sites
None of our other ccj's have been enforced by bailiffs or hceo and we have never had any of our goods seized. We did many many years ago have a bailiff visit for unpaid business rates. They did a walking possession order but we paid the rates the next day.

 

the hceo came while we were out so we didn't see him or her. I assume the letter was hand delivered but didn't see it as my husband hid it so I didn't get upset. I then came to my mums for the weekend (still away now) and he rang me about the letter. I'm awaiting his reply on whether or not it was hand delivered. The letter does not say form 55. There is the ccj reference number on it and another longer ref number but no mention of a writ reference number. It does say which court it was transferred from. There is the name of who visited and another name.

 

This is the letter

 

Attachment has been unapproved, All personal information needs to be edited out please, this includes bailiff names and phone numbers. Once you have done this the attachment will be reapproved.

 

Thank you

 

seamanarts

 

Site Team

Link to post
Share on other sites
Attachment has been unapproved, All personal information needs to be edited out please, this includes bailiff names and phone numbers. Once you have done this the attachment will be reapproved.

 

Thank you

 

seamanarts

 

Site Team

 

Ok sorry will do that now.

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...