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

[ploddertom]

The main issue for you at the moment is to deal with the Notice of Enforcement you have received. The good thing is that it is through the County Court Bailiff who is more amenable than those we usually see on here. Unfortunately not having opened your post will have done you no favours and you must try & make the most of what else can be done. As others have said you need Form N245 which is a dual purpose form in that it also allows you to apply to Suspend the Warrant the Bailiff has. It is a simple form to fill in but we can offer help with this if need be.

[roguehunter]

Hi, lookinforinfo

 

Iv worked out My last activity on my account using some statements i still have was approx 20th sept 2010 last payment in from DWP= Except for one more who i forgot to tell them that i moved over to another account so i could try and sort out my difficulties but using a new bank account for everything and just try to make payments in to the abbey/santander account. which was 7th dec 2010.

 

I dont have any payments as such that i made in to this this account was still active, and also a last dd was taking with out me knowing but tried to sort it out later by talk talk on the 26th oct 2010 . after this no more activity unless i am missing statements which could be a possibility. May be on other statements i dont have.

 

I moved over to another bank account on the 25/6/2010 I set the account up in the hope to transfer my usual monies and just make payments to santander.

 

I believe its approx 5 years..

 

I believe i had difficulties with a few debts, with Bt. trying to take £300.00 at time from me by dd and not knowing and benefits stopped money i havent had back and a number of other issues .

 

i paid back the overdraft x2 with the help of my mum only for it to go out of control and not able to deal with it due to my personal issues and ill health. but i kept trying. I have also released that most of the years i was a student and should have no interest charges yet they were piling on charges i feel was unfair after telling them a number of times i was a student etc.

 

My first letter from santander collections and recovieries 7th sept 2010 exceeding my agreed overdraft.

 

i had a few more after that then 23rd of febuary 2011 moorcroft debt recovery limited bought my debt.

26th sept 2011 cap quest debr recovery confirm they bought debt

27th feb 2012 Robinson way limited bought debt

23rd april 2012 farrelly solicitors

25th july 2012 Robinson way ltd

no date H L legal Solicitors - Capquest debt

22nd November 2014 Hoist Portfolio holding 2 limited bought debt

23rd November 2014 Robinson way

 

31st Claimform from County court

27th April 2015 - Judgement for the claimant from court letter . i am ordered to pay £1,230.44

8th May 2015 Howard Cohen and c0.Solicitors- Judgement has been entered against me, you are required to make payments as set.

7th July 2015 Letter from court - Notice of issue of warrent of control- sending in baliffs

 

On my credit report there is an opening balance of £400.00 which is confussing me? I thought this should be last payment i owed?

But ideally i need all my statements from santander to check all this out better

 

 

Hi

Baliff advice

 

To answer your questions. Iam not happy with paying the full amount because i believe the bank let me down in a number of matters such as i was a student yet still paying interest charges .. im not happy with the hudge charges given..and other things iv mentioned above.

 

I am also on a very low income and dont have £50.00 to pay the court???

 

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

 

I hate the baliffs

 

No this is not a business case just personal me

 

not sure what you mean on how you suggest to deal with the court sorry??

 

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

 

dx1000uk

 

I have lived at the same address for 20 years so not sure about this?

 

Do i be honest and tell them that I havent opened the letters due to my problems or just tell them i havent received the letter?

 

Thanks again everyone for all your help

[roguehunter]

Hi, Just to let you know, after speaking to the telephone number on the court letter today (Bailiff) he seamed nice enough.

 

I said what you have all told me to say, he seams to think I can do this (form N245) or I could just call him back between 8-10 tomorrow and he will have their solicitors telephone number for me to call.

 

I can call them and arrange payment methods with theses instead of the court.

 

Is this the right thing to do?

 

He says if I do this he wont come out friday 17th July 2015 to collect my stuff.

 

Like iv said previously I really need to get more information I.E. Statements from them some how??

 

To work out what has happened because I believe I have paid 2x 1000,00 to pay this debt off but it went back up.?

 

There are some reasons why I can see it did go up.

 

E.G.

 

BT= Were taking £300.00 a go out of my account by DD in which i had no idea was happening (probs with them in which I have to deal with as another case)

 

Abbey national= Hadn't kept me on a students bank account so there should of been no charges being added.??

(Instead I got a lot of charges added)

Even though I had reminded them regarding this a number of times and I was promised it would be dealt with and put as a student account.??

 

And the benefit people stopped paying me money when they shouldn't of ??

(I need to deal with this as a separate case another time)

 

These are just a few issues in which I need to be checking out.??

 

I was told if i agree to payments etc I am agreeing to the debt I owe as well but with some of these issues I feel I dont agree with and not happy with.

 

Someone also said I can ask for something in which I can get all my itemised statements requested because i dont have them all.

 

And also Something I can do to see if they will lower the amount down? and also the charges taken off because I shouldn't have had them on in the first place being a student etc

 

What should I do ???

 

Its pretty urgent due to myself having to ring early tomorrow regarding this, plz help many thanks again .

 

roguehunter

[dx100uk]

to get all the statements you need to sar Santander.

 

 

dx

[roguehunter]

PLEASE HELP URGENT THANKS

 

Hi

 

I recently spoke to the bailiff again and he wasent very nice this time I tried to explain I needed a little time to work out my paperwork and he wasent happy just wanted me to first ring the solisiters who was dealing with the case to create a payment plan then got nasty threatening me.

 

He then demanded I was to set a payment plan with him self now!! or else!!

 

I don't know what to do ?? Iv managed to be given a little extra time till monday 8am But what should I do iv mentioned in last couple of messages there are worries regarding issues with the account but do I have a leg to stand on to try get some of these things sorted out or am I liable??

 

At other times they have even said I could pay a discount offer to clear it, I don't really have the money myself but my mum has offered to try and help . But then again how can I get them to give me the discount offer again. ? I just want to sort this out iv tried so hard to get back on track.

 

Please help it explains more information in my last couple of texts but I cant leave it any longer I need to give him an answer by either set up a plan to make payments with him 8am monday morning or fill in the court form.??

 

Plz can some one help me im really frightened now cause he has become nasty and threatening and I cant afford to loose the little I do have.

 

Please help me, many thanks

 

 

Roguehunter

[dx100uk]

get the 245 in to the court

it will stop him dead.

[i hate bailiffs]

He then demanded I was to set a payment plan with him self now!! or else!!

 

Or else what?

What will he do spit his dummy out throw it over the fence and stamp his feet while crying uncontrollably

 

As you are aware that he may be visiting if youkeep doors locked

Any car hidden away there is not a lot he can do

 

No drilling door locks

No kicking down doors

No nothing just a temper tantrum

[roguehunter]

Thank you all, I'm just scared I don't want to loose what iv got.

Could he contact the police and make me open the door ? And last thing I want my neighbours seeing .

 

I can try and fill form in as soon as I can and get it off but what if he's not happy about me doing the form.? And demands for my stuff ?

 

He says if I contact the solicitor I can arrange a payment plan with them it would save me £50.00 I haven't got. .

 

Can I get help from some where for the £50.00 being on low income ?

 

But then iv got the issues with the original account santander . Do you know if I can get help with the problems like the charges etc full details in last couple of messages of mine .

 

Thanks

[i hate bailiffs]

Thank you all, I'm just scared I don't want to loose what iv got.

Could he contact the police and make me open the door ? And last thing I want my neighbours seeing .

 

I can try and fill form in as soon as I can and get it off but what if he's not happy about me doing the form.? And demands for my stuff ?k

 

He says if I contact the solicitor I can arrange a payment plan with them it would save me £50.00 I haven't got. .

 

Can I get help from some where for the £50.00 being on low income ?

 

But then iv got the issues with the original account santander . Do you know if I can get help with the problems like the charges etc full details in last couple of messages of mine .

 

Thanks

Again there is NO RIGHT OF ENTRY

NO LOCKSMITH NO DRILLING OF LOCKS

NO ARREST

NOTHING TO DO WITH THE POLICE

 

NO CRIME BEING IN DEBT

 

Keep door locked and no taking of stuff

[Bazooka Boo]

Thank you all, I'm just scared I don't want to loose what iv got. You won't!

Could he contact the police and make me open the door ? No! Stop watching pump documentaries on C4 even if the old bill were present, then they CANNOT force you to open the door because the ONLY reason why plod is in attendance is 'purely' for any breach of the peace offences, nothing to do with debts.

 

I can try and fill form in as soon as I can and get it off but what if he's not happy about me doing the form.? And demands for my stuff ? Submit the 245 form to court tomorrow, and they can't do diddly!

 

He says if I contact the solicitor I can arrange a payment plan with them it would save me £50.00 I haven't got. . Ignore the clown, stop letting your thoughts carry you away and fabricating events that won't happen.

 

Can I get help from some where for the £50.00 being on low income ? Absolutely no need.

But then iv got the issues with the original account santander . Do you know if I can get help with the problems like the charges etc full details in last couple of messages of mine .

 

Thanks

 

Get rid of the bailiff issue first, then you can hit satansbank for the refund of their unlawful charges.

[ploddertom]

As others have said constantly over the last week since you originally posted the N245 is the way forward. If you are on a low wage or certain Benefits you may be able to claim Fee Remission - see Form EX160a & EX160c to see if you qualify. If left then you will get a visit from the Bailiff & the costs will increase.

[roguehunter]

Hi

 

Just to let you know whats happening, i spoke to a court that was on a previous on a letter just for more information and also the bailiff again, he is giving me till today to fill in the form which im gathering together and trying to fill in.

But i was also told about another form i could do "to set it aside" judgement aside- possibly called a n2244 .

 

Before i continue to fill in the forms i just needed to release which one was best for me to fill in?

 

Like i said previously i feel i cant go through all my statements because i dont have them. but what i have got i feel somethings were unfair especially the fact they ignored me a couple of times regarding me being a student and should of had no interest charges yet they kept piling them on.

 

I would like to be heard and if poss get the charges dropped is there any way to do this.?

 

Thanks again for all your help

 

Roguehunter

[Bazooka Boo]

N245 is what you want, forget the N244 (set aside) you are getting the warrant suspended.

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n245-eng.pdf

[roguehunter]

ok thanks,

 

its just i was told i couldn't fight for the charges and issues if i did the n2444 because it would be admitting to me owing the debt.??

[wonkeydonkey]

Reading your post I see you agree to owing part of the debt, if you go the N244 route you can argue your points BUT to do that you will need to support every point with evidence, before going there you will need to send the SAR and gather everything together. An SAR allows 40days to be given a reply, meanwhile you have to deal with the EA.

 

Another option.... apply for set aside N244 at the same time as filing the N245 and give the grounds for the latter to be pending a set aside hearing.. If you do that you must bring to the courts attention you have also submitted an SAR to gather the facts.

[ploddertom]

Had not read post above - makes mine superfluous.

[roguehunter]

Hi

 

Wonkeydonkey

 

The problem is I feel its not all my fault and due to other people and problems it got me into debt with this account,

 

 

BT took dd out of £300.00 at a time out while my step dad was dying .

 

 

The benefits people also stopped paying me for months and when I found the time to start looking at the account everyone was on my back.

 

 

I became ill and my disabled mother . And had lots of problems I am still now sorting these out.

 

But I know santander will say its my fault but I feel I wasn't listened to or supported.

 

I told santander a number of times I was a student and they didn't change my account when they should of so had lots of charges too.

 

Thats why im confused about which one to do, and know that its other people I will have deal with to try and get the other things sorted out such as BT and the benefits people.

 

The SAR is something I would like to do so I can check all my statements I haven't got.

but because I didn't know about the claim court form and now the bailiffs are threatening me etc I know I have to get this form back and I am struggling a bit.

 

I can only hope he understands and at least gives me till tomorrow to try and finish it.

 

So regarding the SAR how can I get him to wait while I send the SAR off etc.??

 

Supporting my evidence is not easy because they did not change my student status so I had no charges, I could prove over that period I was in university but not much else.??

 

Sorry whats EA??

 

Thank you all again for all your help.

[unclebulgaria67]

EA is Enforcement Agent, new name for bailiffs. If you have the contact details of the EA, perhaps see if you can speak to them and advise them of your situation. You never know, you might find an EA who is very understanding and will be helpful.

[ploddertom]

You have to look at this cold heartedly and whilst others may have had a hand in how it came about it was ultimately your responsibility. It would would be no good trying this on at Court as they would have very little sympathy for you. I know this sounds harsh but it is pointless trying to pussyfoot round.

[wonkeydonkey]

Based on the information you give and taking into consideration I do not know all the facts.......

 

That you say 'I didn't know about the claim court form' would in ordinary circumstances suggest you need to apply to set aside the Judgment in Default, because you have not been given your right to defend the claim in full or in part.

 

You seem to be under the impression you discharged any liability to Santander some time ago and feel the alleged debt is brought about from charges imposed by Santander, following their failure to update the account to take into consideration your student status. In order to substantiate this you need to see all the activity relating to the account and an SAR served on the original claimant (Santander) should give you the FULL picture eg. correspondence, recorded calls, screenshots, statements etc.

 

If you apply for set aside on the grounds you were unaware of the claim , you must make mention to the fact you have served the claimant with a subject access request to obtain information relating to the said claim. Once you make your application to set aside you must notify the Court Bailiff of your action, they in return should withdraw until the outcome is known.

 

Set aside.....if successful, means the claimant can reinstate their claim should they feel they have grounds to do so. It is at this point you will be served with notice of the claim and get to defend it in full or in part. I appreciate you have had personal difficulties and disputes with benefits and BT have played a part in putting you in this position BUT it would be unfair of me to let you think a Court would take this into consideration, they may sympathise with you but, if the claim is reinstated the Court will only be interested in establishing if the claim holds water and if you are liable for the alleged debt in full or in part, if at all.

 

If you file the N245 you are admitting the debt as is (and the bailiff charges that come with it), you would be asking the Court to step in and help you reach an amicable repayment plan with the creditor based on evidence of your ability to pay, this means you will need to submit a financial statement of income/expenditure and make an offer according to your means.

[roguehunter]

Hi,

 

Unclebulgaria67

 

I have already spoke to him a few times he is not understanding and has just threatened to come around for my stuff thats why im worried I don't have much but what I have got I dont want to loose which including equipment for work. I have a chronic widespread pain condition along with other health conditions but went back to college and university and now have my degree.

 

Its took me a few years but slowly I have some equipment for work im trying to find a way around my health and back into work some how but its a struggle. Im a film maker.

 

Thank you to everyone who's tried to help.

 

I have to say some of this is all very confusing and I cant get my head around this, the way im feeling is that it sounds like I don't have much of choice in fighting this regarding the charges etc because I don't know really where to start to fight it myself or evidence.?

 

So it sounds like I will need to fill in the form N245 but I will also do a SAR regarding the SAR who do I send it to the original owners or the solicitors now or bailiffs now??

 

The other issue I have that whilst filling this form in now n245 my money is one thing but end of august I will loosing over £83 of my income due to my son turning 20 and im not sure how to show this in the form except a separate note??

 

and in section 4 of the same form they want me to fill in bank and saving statements im not sure how this will look because I have about 3 savings accounts and a current account but I separate the money so main account has dd going out.

 

Another account is savings for xmas .

 

Another for work equipment and so on.. but don't actually have savings just a way to cope with what I need to pay out etc

 

They in the form are asking for my credit?? I might have a £100.00 in today as an example which sounds like I have credit but by the end of the week or month it will go out and pay all the bills.

 

Will they understand this and take it in to account.? Do I just take my bank balance and put it in this section?

 

Many thanks to every one who has helped me.

Sorry about not understanding everything this is all new to me but also I suffer with dyslexia and being in pain so much doesn't help with concentration.

 

 

Roguehunter

[roguehunter]

Hi

 

Please can someone help me im a little confused regarding the form EX160 section 3 do I need to fill this in and how ?

 

I am on benefit EMA which means I can get help with the fee (not pay) I believe.

 

I am also confused regarding section 6, I gather it is a no to section 7 ??

 

I gather I send all the forms in together to the Bailiff in the court, he said this the other day but just wanted to make sure Im right cause Im a day late and worried he night turn up.

 

 

Many thanks again to all of you for helping.

[AndyOrch]

Hi

 

Please can someone help me im a little confused regarding the form EX160 section 3 do I need to fill this in and how ? No

 

I am on benefit EMA which means I can get help with the fee (not pay) I believe.Correct just tick the relevant box in 5

 

I am also confused regarding section 6,Ignore 6 but enter total income £0.00 I gather it is a no to section 7 ?? Correct

 

In 4 enter the fee to be paid and also put your disposable capital threshold at £3000.00

 

I gather I send all the forms in together to the Bailiff in the court, he said this the other day but just wanted to make sure Im right cause Im a day late and worried he night turn up.

 

Return it to the court that is dealing with the warrant

 

 

Many thanks again to all of you for helping.

 

Regards

 

Andy

[roguehunter]

Thank you Andy for your help with the form and I would like to thank everyone who has helped me with sorting this out.

 

Thanks again

 

Roguehunter