bailiff warrant letter for unknown CCJ.

[kaz70]

hi everyone might sound a bit daft but..

 

. got a letter earlier in week ( a warrant of control!) to say i had to pay by feb 7th (today) or bailiff would come

 

i have contacted company i owe and am awaiting email response prob be monday now

 

am i right in thinking he will call today or will it be later if later

 

 

i will hopefully have got agreement in place to pay company direct with installments

 

 

thanks for any help

[lookinforinfo]

Kaz,

 

 

by Law when you receive a Notice of Enforcement there should be at least 7 clear days notice prior to a visit by a bailiff.

If you only received the letter this week, then any visit this week would be unlawful.

 

The Law relating to bailiffs changed last year so it has become imperative to contact the bailiff rather than the creditor

since if no contact is made with the bailiff within the 7 day period,

they will definitely pay a visit since their fee for that visit is a whopping £235-and the letter from the bailiff should have included that information.

 

 

If it didn't, please let us know.

 

 

In addition, even should you manage to get a payment plan agreed with the creditor, you will still be liable for the current bailiff's fees of £75.

 

I am surprised that you have been given so little time before the bailiff visit notification

so could you please advise us of the date on the letter,

the date the bailiff said they woul call and the date you received the letter.

 

In the meantime, you should call the bailiff company and make the payment offer that you have made to the creditor to see if they will accept it.

 

Chances are that they won't since they want to visit you for 235 different reasons.

So ask them to contact the creditor to see if they will agree to your offer since they have some time on their hands

because you only recieved the letter this week and they therefore cannot come until that matter is rectified.

 

In the meantime, if you have a car outside move it away to prevent the bailiff from clamping/removing it.

 

 

Under no circumstances let them in and best not to open the door if you have to deal with them.

[ploddertom]

What is the debt for?

[kaz70]

What is the debt for?

 

thanks for replying

 

 

the notice of warrant of control was dated 22nd jan but

 

 

i was staying at my sons so only came home and opened it on Monday

 

 

it says unless i pay amount due by feb 7 th the bailiff will call it is for £1700

 

 

was for an overdraft of orig £900

 

 

i could no longer work due to ill health an claim no benefits

 

 

my partners car is on drive but is reg to him

 

 

i dont drive any advice welcome just worried he will come today i have family here at minute

[ploddertom]

Is there a CCJ in place for this? Is it the County Court Bailiff who is attending?

[SabreSheep]

overdraft?

 

have you ignored court papers and obtained a ccj against yourself?

[kaz70]

overdraft?

 

have you ignored court papers and obtained a ccj against yourself?

 

have not had papers although post does go astray on out st at times but i would have filled them in yes it is off the county court business center

[dx100uk]

side issue:

 

 

have you moved since taking the bank account out?

 

 

dx

[SabreSheep]

side issue:

 

 

have you moved since taking the bank account out?

 

dx

 

If not.

 

 

Check the ccj details.

 

 

If papers were served to an incorrect address and the creditors were updated with your correct details at the time

 

 

you can apply for a set aside and then try to defend the action

[kaz70]

If not. Check the ccj details. If papers were served to an incorrect address and the creditors were updated with your correct details at the time you can apply for a set aside and then try to defend the action

no im at the same adress i know it is cai finance who have been to court i am trying to contact them

[dx100uk]

so why did you not get the claimform or the CCJ?

 

 

did you ignore it?

 

 

 

 

somethings not right here

 

 

was it the car finance company or a Debt buyer [DCA] that got the CCJ?

[kaz70]

sorry couldnt reply sooner wifi playing up

 

 

in answer to dx100uk i dint know why i didnt get claim form

 

 

im not trying to avoid paying just cant pay in full,

 

 

as said earlier its a halifax debt

 

 

they sold to cai finance

 

 

they also go by name of 1st credit i think by the way

 

 

no sign of bailiff as of yet but still wary

[dx100uk]

CAI is 1st credit.

 

 

not saying you have avoided the debt, far far from it

 

 

what I am saying is some fleecing DC[1st credit] has got a CCJ by the backdoor

if you did not received the claimform

go get the judgement set aside.

 

if the original creditor sold the debt on [who was this please]

then i bet there is something amiss ppi/penalties/repo

what was the finance for too.

[kaz70]

thanks for advice

 

 

it was originally a £900 overdraft with halifax

 

 

which has been sold on and of course costs added

 

 

ok i will take a form (n244? ) to court monday

and hopefully sort this mess out before bailiff arrives

 

 

i assume they wont call before monday

[ploddertom]

Before you go with the N244 you need to understand that not receiving the documentation from the Court

may well be grounds for Set Aside but you also need more than that as a defence

as you must have a realistic chance of success.

 

If you did owe the money then that alone will defeat your Set Aside as all that will happen is that your application will be struck out

or you swap one CCJ for another.

 

If on the other hand you did owe the money but could have paid it off in full if asked then this may win.

 

You need to find out the exact address incl postcode where all docs were sent.

 

You need to find out how much the actual judgment was made out for.

 

Most importantly who has issued the Warrant of Control.

 

It could be that you are going to have to pay this but in instalments

in which case the chances are a Variation Order may be the correct route to go.

[dx100uk]

yes an OD debt could be difficult to defend against.

 

 

p'haps worthy to get an SAR off to Halifax to get all the statements and info.

 

 

dx

[kaz70]

yes an OD debt could be difficult to defend against.

 

 

p'haps worthy to get an SAR off to Halifax to get all the statements and info.

 

 

dx

 

hi everyone well i sent a letter to halifax as advised

 

 

i also emailed 1st credit to offer a payment proposal

 

 

just got home an a letter from bailiff was on the mat

 

 

it says as i have failed to take action they will be back between 7-6 to seize levied goods and can force entry if need be

 

 

im really scared now

 

 

i have emailed bailiff to explain i do not own anything in the house

 

 

but can offer fifty pounds a month which my daughter can pay today for me

 

 

any advice what todo next ?

 

 

how can they seize levied goods

 

 

no one has been in my home

 

 

any help would be great thank you all

[kaz70]

hi everyone well i sent a letter to halifax as advised i also emailed 1st credit to offer a payment proposal just got home an a letter from bailiff was on the mat it says as i have failed to take action they will be back between 7-6 to seize levied goods and can force entry if need be im really scared now i have emailed bailiff to explain i do not own anything in ghe house but can offer fifty pounds a month which my daughter can pay today for me any advice what todo next ? how can they seize levied goods no one has been in my home any help would be great thank you all

 

sorry meant to also add no date when he will return an i cant get to court til tomo to file n244 help please

[kaz70]

sorry i know you are all very busy but any advice would be so welcome just not sure if he will be back later or tomorrow thanks anyone who can help

[Bailiff Advice]

The best people to give advice on CCJ's is either Ploddertom or wonkeydonkey. One or both of them will most likely look in on this thread later on.

 

I am assuming that the debt will be enforced by a County Court bailiff. He is completely different to that of a private sector bailiff and a lot simpler to deal with. For a start, a County Court bailiff is employed by HMCTS and unlike a private sector bailiff is not reliant upon commission for his salary.

[dx100uk]

its a civil debt

 

 

they CANNOT force entry to your house

 

 

read the letter properly.

 

 

can you ring the court up now

check what address is on the claimform

 

 

dx

[ploddertom]

sorry meant to also add no date when he will return an i cant get to court til tomo to file n244 help please

 

 

What do you intend to ask for on the N244? Please read Post 15.

[brassnecked]

As they have not siezed any goods thay can't have anything so don't let them in, as DX points out they cannot force entry at this stage end of.. Keep any cars well away from your property though

[kaz70]

hello all sorry only just seen messages thank you so much

 

well i wondered how they could seize goods they havnt even seen

 

 

i know what you mean but i did read the letter properly ( several times !!)

and it said .

.you have failed to take action on this warrant

arrangements have now been made to seize levied goods on/after 07.00 and 18.00

any costs involved including those for forcing an entry if nessasary will be added to the warrant .

 

to update you

i tried ringing baliff but no reply

 

 

i txt him explained situation briefly and

he told me to download form n245 and submit it with 50 fee

and that he would need it within the week

 

 

im goin to court first thing in the morn just unsure what to put

 

 

i am happy to pay ( although bit peeved at all the costs but thats my fault)

but it would be small instalments

 

 

any advice welcome

[dx100uk]

I think you find the letter is a generic one they use

and just scribble your details on it in pen?

and I mean scribble!

 

 

so the forced entry does not apply

and should have been cross-thru, but ofcourse

just to add worry to you he accidently left on it?

 

 

is that correct?