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    • you need to ring northants bulk and ask for a copy of the judgement and the claimform by email pdf. it is quite usual for them to not have a copy of the claimform. so you need to record the call and ask them to read out the particulars of claim and the address it was sent too.     old wives tales , if you have a debt owing that shows on your credit file or you know exists from say the last 7yrs you should NEVER move without WRITTING to the debt owner with your new address. never run from debt which falls within the above .     all mortgage style SLC loans that were not deferred with erudio following the gov't sale in 2013 and that did not have a court claim raised within 6yrs are SB'd.   drydens simply did this because they wrote to your old address, got no response, and knew they'd get a default roboclaim CCJ where no human checks anything.   shot yourself in the foot.      
    • yep.   if all these are still owned/with the original creditors and you are not paying any powerless DCA's  then little point in any CCA requests at this stage unless any (non OD A/C's) are say pre 2000 opening.   our pro rata letters are the way to go you'll find those in the debt collection section of our library.   get any income payments on going or otherwise moved into a parachute A/c.   it is most probable that whatever you do most A/c's will be defaulted once this is done if not already. bearing in mine your wish to re mortgage or move in a future, it is most probable that the quicker you do default , the earlier a DN will be registered thus the earlier these will not show following their 6th birthday. this might involve you thinking about stopping all payments now ensuring this does happen, then resuming payment under a pro rata scheme self administered , once this happens.   just be aware that no DMP providers will ever question enforceability, should that be relevant.     
    • LL would have Absolutely no chance of getting the smart meter changed back.....
    • slow down ...read what i'm asking , stating and trying to clarify.. it all might seem useless or totally irrelevant but it's important information moving forward with the whole situation and useful in the SPC claim moving forward     there was not 2 loans - the litigated OD is not a loan but it appears from your comment here..     sorry but then you did get scammed on many fronts... they allowed you to settle the loan exploiting your confusion over thinking it was the litigated account. they didn't tell you either and they would also have been aware of your statement filed response form:   The respondent had a junior account with the Bank of Scotland since a young age.  The Bank of Scotland offered the Respondent a loan of around £2500. This Respondent serviced the loan until losing her source of income and ran into some financial difficulty resulting in defaulting in servicing the loan.   they settled for a discounted sum... why? we usually find this is because they hold no enforceable paperwork at all. or was full of charges , charges could have been the discount or it could have been due to 'a business decision' ...   but sure as eggs is eggs there is no way 1st credit would not have raised a court claim for both the OD and the loan unless there was a very good reason. they didn't that smells...badly.   OD 's are notoriously difficult to litigate upon if defended properly...but with a loan in the same claim, with enforceable paperwork, they would have almost been guaranteed to win.   it's also a shame you didn't come where before you did anything but we are where we are.   now the above might seem harsh..even petty but our posts are not only for you and your issue they are also for future readers that find us via search engines or read like threads here alerting debtors to frequent pitfalls and innocent wet myself actions many do that all these dca's will and have exploited time and time again over the last +40yrs .   i'll try and get around to properly redacting all your pdf's tonight and get them back up. but before i finish and get on with the above........the status of the claim as it stands now.   From what i can gather the claim now hinges upon proving her ex at the time settled by a discounted payment to HBOS well before the sale to Intrum and the SPC Claim.   In all honestly and with regard to your comments in your previous posts upon his character, i seriously doubt this ever happened. the disclosures from Intrum contain all the OD statements , should that have happened, it would be detailed in those.   there is little point in the claimant hiding that info as they would be in far more legal trouble should they have doctored them than insuring a mere +£1k claim win. Even 1st credit wouldn't pull such stunts.   Sorry but there is little point in requesting HBOS to attend any future hearing, nor hoping the SAR shows anything different to the statements the claimant has disclosed . That will cost you more money , and more money in terms of the claimant attending another hearing.   there is one exploitation i see. that being the mention of a default notice. the claim states:  The respondent fell into arrears under the Finance Agreement. A Default Notice was Issued by the Original Creditor .   now default notices are not issued for OD A/C's (which ties in to the possible loan confusion and scam settlement i mentioned) . This tallies with a common mistake that many DCA's, including why i keep mentioning 1st credit, which is the previous name for Intrum, made on numerous claims and was one of the reasons for the name change. To Hide that They lost many Statutory Demand and court claims over the non existence of a DN or proof of it's issuance by the OC (a DCA can't issue a DN) .. No copy of a default notice is fatal to to successful  litigation.   even though in this OD case one was not ever needed. (Poor particulars of claim showing copy and paste, and never expecting a claim to be defended but responded to by a wet themselves response , which you did by settling a loan which you believed was the claimed debt when it never was)    other than that you indicate you made an OOC F&F offer in 09-20  have you advanced this option since ?   dx
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    • 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
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

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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

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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..

 

 

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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.

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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.

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

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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??

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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.

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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.

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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.

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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?

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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.

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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.

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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.

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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

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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.

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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

 

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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?

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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.

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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

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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?

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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

 

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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.

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