Unknown Hoist CCJ RE:Abbey OD - now warrant of control from county court bailiffs

[roguehunter]

12 july 2015

 

Hi,

 

Please can someone help me, its urgent and I am very worried.

 

Just to give you a brief background

I am a single mother and was diagnosed with a chronic pain condition at a young age and Iv had for many years

other health issues have now made me worse like diabetes, Ibs, arthritis and more.

 

Iv also had to be there for my mother who is bed ridden after a car accident and my step father

who for many years had liver disease and was very ill before he died a couple of years ago.

 

I have tried to go back to college and university where I now have a degree but its been really difficult

iv also had battles with neighbours, bullying with the children in school etc as well as problems with debt people.

 

Iv been trying so hard to get my life back on track and my credit report and feel that I cant win

because there is not enough hours in the day or my health is constantly giving me problems or looking after everyone else is over whelming.

 

I also have dyslexia also so paperwork is a struggle the last few months my mum has been very ill

after a suspected stroke, heart was checked out and now she has lost the feeling down one whole side of the body.

 

Due to this and all my other issues including being forced back to work which I was trying to do

but I was trying to do it in my time due to my health, my paperwork has had to take a back seat.

 

Recently iv gone through some letters I didn't know that santandar were trying to take me to court and missed the dates etc.

 

I have now received this letter that I have enclosed it on your site for you to see and I am very frightened

I don't have a lot but what I do have I cant afford to loose especially when Im trying so hard to get work

and start a business if I can, but due to me struggling with everything and feeling very over whelmed and I don't know what to do.

 

Please can some one help me to sort this out quickly, so I don't loose anything.

 

I do have other debts but I feel I need to just work one debt at a time at the moment due to trying to cope with everything and my dyslexia.

 

I have years of this actually going on and my mum helped me pay off this account so that I thought

and I moved over to another bank for a new start only to find out latter that I had a debt,

 

 

I need to go through years of statements which I don't have all of them because I believe at the time

they were giving me charges for anything and everything and at one point I was in college/uni

and was supposed to be a student and not get any charges at all because I was a student.

So I feel let down by this company.

Since I have gone over to a new bank iv never had such problems or charges etc ever again.

 

Thanks in advance to everyone.

 

Roguehunter

[roguehunter]

my attachment isn't working by going on line? iv added the file and downloaded it on to the platform but when it loads it comes up with !

what can i do so i can get it on here plz its urgent .. thanks

[dx100uk]

can you attach the letter please then

 

 

via the upload

 

 

thankyou

[Bazooka Boo]

Hello welcome to CAG, try not to worry too much, your health is far more important than material objects.

 

So santander have taken you to court and have obtained a county court judgement (CCJ) against you?

 

Now you have a letter from court certified bailiffs telling you that they are going to visit your address?

 

OR, have you simply got letters from the bank or debt collector claiming they can do this and do that etc?

[roguehunter]

Hi dx100uk

 

I have been trying to download the document/letter but it wont let me I have done most of what it says on the link you sent me except dpi was 300

but everything else was spot on iv turned it into a j peg and pdf tryed to attach using attachments

but when it starts to download on to the plate form you have it just shows an !

 

 

sign at the end and doesn't seam to have downloaded not sure what to do??

[theoldrouge]

Could you answer bazookas question above that will give us some idea of the problem

[roguehunter]

The letter i have got is called notice of issue of warrant of control ..

 

i owe them £1,302.69 but i believe this a lot of charges and I only owe a couple of hundred pounds but theres a lot more to it as iv said before with charges etc due to i was believed to have cleared this account.

 

has a stamp from the court and says

 

To the Debtor

 

You have not made payment under the judgment as you were ordered. The creditor has therefore asked for a warrant to be issued to the bailiff to seize and sell your goods. Unless you pay the amount due to the county court before 17-7-15 the bailiff will

call and may remove your goods for sale at public action.

 

This may mean that you will have to pay further costs.

 

Total to pay £

 

and a section for myself to fill in to make a payment

[Bazooka Boo]

OK, were you aware of them taking you to court?

[roguehunter]

No, like i said before with everything going on today is the first day iv had the chance to go through all my letters and iv had a lot to open.

 

friday i opened the letter iv been trying to send you, because its been the first chance to start getting on with things due to my health and having a lot to deal with, so i have managed to sit down to day and concentrate on the rest of the letters i need to do.

[Bazooka Boo]

OK, in my opinion I would say you fall into the 'vulnerable' category which the court needs to know.

 

What is the name of the court on the warrant of control.?

 

You CAN apply to the court to have the warrant suspended.

https://www.nationaldebtline.org/EW/factsheets/Pages/08%20EW%20County%20court%20-%20suspending%20a%20bailiff%27s%20warrant%20or%20reducing%20instalments%20on%20a%20county-court%20judgment/Page-04.aspx

 

This is what a warrant of control is,

https://www.nationaldebtline.org/EW/factsheets/Pages/08%20EW%20County%20court%20-%20suspending%20a%20bailiff%27s%20warrant%20or%20reducing%20instalments%20on%20a%20county-court%20judgment/Page-02.aspx?gclid=CNyF_aWY1sYCFQb4wgodGbcLuQ

 

This is a vulnerable persons policy that 'one' bailff company use, so the others should be pretty similar?

http://equita.co.uk/assets/user-content/pdf/vulnerable-persons-policy.pdf

[roguehunter]

IT SAYS near the top : In the county Court Business Centre

 

But in the stamp it says: Y LLYS SIROL tHE COUNTY COURT

 

There are some details and telephone number for an enforcement officer?

 

And an address for the payments : The county court at wrexham

[roguehunter]

Thank you ill have to read these just worried cause of time and my dyslexia i may struggle .

 

What do you think i should do?

 

Many thanks for all your help

[roguehunter]

i have to go for a little while but will check back as soon as i can many thanks for everyones help

[citizenB]

roguehunter, are you using the "manage attachment" link ? You will see this when you click on the "Go advanced" button at the bottom of the reply to thread box.

 

Is your file a large one ? If so, then reduce the file size and see if that works Your file size doesn't need to be any larger than at least 1mb. Alternatively, you might have to delete other documents that you have uploaded (if any).

[i hate bailiffs]

Just to let you know as they have a CCJ and you are in a residential address

There is no right of entry for the bailiffs

No forced entry either

Do not let them in

It is not a crime to be in debt

 

I would also say you fall into the vulnerable category

They can not have what you don't have

As post 11 contact the court

[Bazooka Boo]

Thanks iHB.

 

Another pair of eyes, and better experience with bailiffs than I

[dx100uk]

on a side note

I very much doubt this was Santander

but a debt buyer.

 

 

click go advanced below right of these msg boxes

then click manage attachments.

 

 

dx

[roguehunter]

Hi yes citizenb

 

I am using the write link the attachment. Iv used it before and has worked in the past ok??

 

Not sure how to know if its a large file??

 

and if so how to reduce the size?? sorry

 

do you mean other documents I am loading at the same time or from months ago?

 

Thanks

 

-----------------------------------------------------------------------------------------------------------------------

Hi I hate the baliffs – cagger

 

residential address what does this mean? Sorry to sound stupid. I live in a council house renting.

 

I wouldn't know what to do to stop them?? and im scarred

 

What is the vulnerable category ?? what should I do??

 

I don't have much items but I do have a tv camera and computer through presents of family which im using to try and start a business so scared of loosing them. Its took me years to get what I have and its not much.

 

What do you mean post 11 contact the court?? sorry

 

Thanks

 

------------------------------------------------------------------------------------------------------------------------

 

Bazooka boo

 

 

thanks

 

 

------------------------------------------------------------------------------------------------------------------------dx100uk

 

hi, I think your right iv spent most of evening trying to collect and gather most of my paperwork together to try and sort out, I think your right this has gone from santander then sold on to many different debt buyers before reaching here. Im trying to create a chronological event but goes back to approx 2006 or 2008.

 

Thanks

 

------------------------------------------------------------------------------------------------------------------------Many thanks to everyone for all your help, I will try and look over the work again tomorrow morning and will try again to attach this letter.

 

I really don't know what to do or how to go about what I should do?? I would appreciate any guidance.

The only thing I can think is to phone the number on the letter and be honest and hope they will understand for now cause I don't want any of my stuff taken but I don't have a lot of money and by september I loose more benefits and don't know how I will survive.

 

Thank you everyone. Will be back on tomorrow.

 

p.s. had a quick go at sending again another way but no joy

 

one file i was sending a j peg was 1.96mb

and another pdf 364.3km?? if anyone can help me with this it would help thanks

 

i do have other documents in my platform been added on here a while ago with something else

 

says File Upload Manager - Manage all files that you have uploaded 92.41 MB of 47.68 MB Used

 

 

many thanks again everyone

[dx100uk]

go phone the court tomorrow

 

 

ask for a copy of the CCJ

 

 

and whilst on the phone

check the address it was served to

I bet it was an old address

and you've moved since then?

 

 

if you have not moved

then tell them this

and that you did not get a copy of the claimform

to enable you to defend it

and tell them you was to set it aside

and get the bailiffs called of

 

 

I suspect that this is debt buyer

they served to an old address

and the magically found your real address to send the bailiffs out to.

 

 

tell the court this

and also you are classed as vulnerable

 

 

dx

[i hate bailiffs]

With a CCJ no right of entry to a residential address where you are living

If it was a business the case is different

 

So there is no right of entry

No locksmith

No entry by force

 

Contact the court and deal with it that way

[Bailiff Advice]

Do not worry yourself too much about the attachment for the time being. If you had not been aware of the judgment you COULD apply to set aside the judgment but a lot of these applications are not easily accepted and in particular, where there is little or no defence to the actual debt itself.

 

What you can do however, (assuming that you are content that the amount is correct and payable) is to complete a form called an N245. A copy can be downloaded from the HMCTS website. This form is an application to VARY THE COURT ORDER. At present, the court order is for payment to be made immediately but the N245 allows you to offer to pay the debt by way of affordable monthly payments. There is a court fee to pay of around £50.

[Bazooka Boo]

Here's the form N245 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n245-eng.pdf

[lookinforinfo]

Your credit file should indicate how long you banked with Santander and when you last made a payment to them.

 

 

If you have paid nothing off the debt for more than 6 years and the CCJ was applied for after that 6 year period

then it may be that the CCJ should not have been granted.

 

I am sorry to give you a bit of extra work looking at and understanding your credit file,

nor do I want to raise your hopes, but it could help.

The critical thing is whether you were still using your account within the last 6 years

or whether you were still making payments to the account within the last six years.

 

The cut off time if you are living in Scotland is five years not six.

[roguehunter]

DX100UK

 

HI,

 

Iv lived in this address for 20 years , I did receive the court letter but I dident know I had it due to all the problems and stress I have in my life, iv given an example in the beginning of my letter above.

 

My mums beens really ill and shes bed ridden after a car accident I am the only one who looks after her and I have chronic serve pain condition along with other health issues and many other problems to add to these so I can get really behind some times with my paperwork when I have to put other things first.

 

So this weekend I opened all my mail to find these in my post. I really try to keep up to date with things as much as I can but been struggling coping with everything and not been well.

 

Many thanks

 

 

 

I hate Baliffs

 

Hi,

 

Im not sure I understand?

 

 

Lookinforinfo

 

Hi, I originally opened my account first with abby nation many years ago when I was a teenager I am now 44 years old.

 

 

Many thanks to everyone for all your help, some of these questions are something I now release I need to work out to give you answers to, so I will have to work out stuff with the paperwork iv got and get back to you all soon as I can .

 

I hope to get back to you this evening but if I dont it might be cause its taking longer than I want.

But will be in touch by morning at the latest.

 

Thanks everyone again for all your help.

 

 

P.S. I think I have worked out why it wont let me add the letter I wanted when I go to add the file I believe my quoter of files space has all been taken already, but I cant find any where it says delete the files ?? if anyone can help would be appreciated . Thanks.

[dx100uk]

User cp to right

Then attachment in left menu

 

Dx