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    • Mr Lee helped to grow his father's small trading business into a global industrial powerhouse. View the full article
    • So here's a thought:   The average age of someone dying of Covid-19 is 82.4.   The average life expectancy is less, at 81.4.   The rest of the population is making huge sacrifices to save people who, on average, would have been dead anyway.   I wonder what the total of life-years saved by all the restrictions we've had on us since the pandemic started is? Probably not many.
    • Hi Thankyou for your response    yes it is ! I sent of a SAR and within the comms Log Lloyds advised PRA  no CCA or paperwork available  .  hence account unenforceable.   The default is listed as PRA so does that mean it’s active ?  I can’t see a default for LLoyds on there.  I will follow your advice Thankyou 
    • i will guess this is:   a debt buyer dca cannot register a default notice    if the original creditor registered a default notice then get a copy of that  staple it to a letter to PRA and demand the account is removed from your credit file forthwith or a serious complaint will be registered with the ICO and financial compensation will be sought.   give them 14 days 
    • Freight industry body warns the lack of an agreement on tariffs could make things more expensive. View the full article
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    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
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    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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You will need to phone Derby Court on Monday to find out if they can deal with a urgent application for a stay in regard to a High Court writ. Because you did not receive the original claim, so were not aware of a default CCJ, then you can just state that in more detail.

 

You should probably inform the HCEO that you are applying for the stay as an urgent application, as you were not aware of the CCJ, as the claimant used an old address.

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Is there a template anywhere of what to put on the N244 - I don't have a clue what to do, hopefully I can fill it in tonight after the kids have gone to bed.

 

What do wish to apply for?

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Please note that should the Enforcement Officer return then he has no automatic right to your home and cannot force entry. He must gain peaceful entry by either you inviting him in or him being able to open a door to walk in. He may however force entry to any other detached buildings at your premises - garage, workshop etc - if he believes there are goods inside which may help satisfy the debt. Where he says he may remove goods in your absence then that is for anything of value that may be lying round outside for which he doesn't need to gain entry. It would certainly be a bad move to allow him in as the debt will increase substantially. If you decided to ignore his call then he will have no option at the end of the day to return the Writ to the Creditor.

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What do wish to apply for?

 

Stay of execution.

 

the hceo fees are just under £900 on a £2900 approx ccj.

 

I'm really worried about the garage.It's not technically connected to the house but to the conservatory. There is a door between the two but we have never had a key so I'll go and buy a new lock tomorrow. Would that count as a separate building? Our 2nd car is in there but hopefully it will go to a friends tomorrow. If they break in there can they then break into the house through the connecting door?

Edited by bobalott
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An application for a Stay of Execution may be made at the High Court in London or at a County Court that also acts as a District Registry - your local Court does. I have always found it easier to apply in person and do this in a morning. Once at the Counter you need to explain the urgency of the application, often a Judge may be found who will hear your application on the spot. If granted you should immediately let the HCEO know and they may want to know which Court, which Judge, date & any terms attached to it - they can then check to make sure. When you get the paperwork you should forward a copy to them yourself - don't trust others to do it for you.

 

The difficulty you may have is that some Court staff never see these applications and may refuse you, if so ask to see the Court Manager and explain politely that as District Registry of the High Court they can do this. You may need 3 copies of the forms so go prepared, the fee will also have to be paid at the same time. If you think you qualify for Fee Remission then don't forget to fill the forms in - EX160a - and take proof of entitlement with you.

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An application for a Stay of Execution may be made at the High Court in London or at a County Court that also acts as a District Registry - your local Court does. I have always found it easier to apply in person and do this in a morning. Once at the Counter you need to explain the urgency of the application, often a Judge may be found who will hear your application on the spot. If granted you should immediately let the HCEO know and they may want to know which Court, which Judge, date & any terms attached to it - they can then check to make sure. When you get the paperwork you should forward a copy to them yourself - don't trust others to do it for you.

 

The difficulty you may have is that some Court staff never see these applications and may refuse you, if so ask to see the Court Manager and explain politely that as District Registry of the High Court they can do this. You may need 3 copies of the forms so go prepared, the fee will also have to be paid at the same time. If you think you qualify for Fee Remission then don't forget to fill the forms in - EX160a - and take proof of entitlement with you.

 

Thank you. I'm just gathering all the evidence for the fee remission, got everything but the child benefit statement. Hopefully that will turn up or we will have to use bank ststements / housing benefit statement to prove it.

 

I'm still not sure what to put on the N244

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If this is a business debt, can the HCEO actually take any personal property to cover the debt ?

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Depending on trading status, yes.

 

Perhaps we need more details on how the business was trading. Sole trader or limited company ?

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We were a partnership so I assume any business debts are classed as personal debt :(

 

What happened to the Partnership before the CCJ was obtained ?

 

I am not an expert on this, but I think it is worth looking at the Partnership details and what personal liability there is for the debts.

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What happened to the Partnership before the CCJ was obtained ?

 

I am not an expert on this, but I think it is worth looking at the Partnership details and what personal liability there is for the debts.

 

We ceased trading in september 2011. The CCJ is from May this year, but husband took out the rental agreement in just his name. We are currently preparing (and saving) to dissolve the partnership via bankruptcy. It was just the two of us and we had no formal agreement regarding debt. We are married and treat each others debts and income as joint.

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Despite many of the comments made an HCEO can seize and sell your car.

 

They are entitled to seize jointly owned goods (you're married) and can seek an order to sell, distributing the sums raised 50/50 between you and the debt.

 

This usually only happens when the goods are of a decent value so will depend on what your car is worth.

 

So it is something you must consider.

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Despite many of the comments made an HCEO can seize and sell your car.

 

They are entitled to seize jointly owned goods (you're married) and can seek an order to sell, distributing the sums raised 50/50 between you and the debt.

 

This usually only happens when the goods are of a decent value so will depend on what your car is worth.

 

So it is something you must consider.

 

 

What you have said here about seizing "jointly owned goods" really bothers me.

 

With council tax, it is a "joint" debt and the local authority can seek to recover the debt from either partner.

 

However...if Mr Joe Bloggs (who works as a self employer builder) does not pay HIS tax bill, he will be made bankrupt by Inland Revenue and I can ASSURE you that from the many cases that I have dealt with I have NEVER come across a case yet where the Trustee will take Mr Bloggs car to pay towards her husband's debts !!!

 

Can you guide me to the particular statutory regulation regulation that permits an HCEO to remove jointly owned debts.

 

Thank you....

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Despite many of the comments made an HCEO can seize and sell your car.

 

They are entitled to seize jointly owned goods (you're married) and can seek an order to sell, distributing the sums raised 50/50 between you and the debt.

 

so if thats really the case nobody is safe full stop??

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tomtubby, the references you use are clearly different to the enforcement of a Writ of Fi Fa by an HCEO but I understand your logic.

 

However, it has always been that provided the debtor has an interest in the property then it can be seized and sold. It is therefore my opinion that goods bought by a married couple, especially from a joint account, would be available for seizure and sale. Even if they were bought from a personal account the HCEO should seize and allow an interpleader claim. If the claim was disputed it would then be for a Master to decide ownership.

 

I was merely pointing out that just because the OP believes the car is hers and therefore untouchable, it may not be as simple as that.

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Well I was worried about the car but the writ has been stayed! :-D thanks everyone who helped, we are utterly relieved. I have a few more problems I need to query re the ex160 and n245 but busy with kids tea etc for now so will pop back later.

 

Thanks again from one very happy and relieved mum!

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