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    • I would deal with this the same as I deal with the Parking People.    1. Get stroppy - fight for your money back. 2. Tell the debt collectors - this is harassment - and charge them £196 every time they write to you. 3. Court action for the return of your funds.   Or write off what you've paid and accept the lesson on the chin - but maintain the issue with the debt collectors if they pursue.    These people are utter [Insert Your Own Words Here]   Richard (Nobby)    PS Oh and edit the post to put some space in the post if you can.     
    • Hello and thank you for the detailed answer.   I have checked that website. The MPRN matches with my bill and the gas supplier appears as EON. Then, out of curiosity I checked my neighbour supplier. I know that they have the electricity with EON based on their smart meter, but their gas supplier is British Gas. I do not know how frequent it is to have different suppliers. Either way, It seems like EON is supplying my flat (based on those numbers), but I still have doubts with regards to which one is my meter and whether I am right when thinking that I am using the wrong meter.   Any suggestions  from this point?       Hi! Thanks for the answer. I am afraid I will have to do it. I just want to be certain before going down that road. Additionally, how will they evaluate my consumption if there is no initial reading to estimate from?   Many thanks!!
    • Hi thanks for the reply and good point. Well after I run the HPI check, I read a lot and also came to know TAX is not transferable, so I went to the gov.uk web and paid the tax in full for the whole year. Since then, I tried to exhaust the web for any information related to this car and made a list of past owners (because I am not sure who holds the title with Moneybarn since Moneybarn will only declare a good faith title if I purchased the car from their customer). So in total there are 5 registered keepers/owners of the car  (incl. myself). From the service records I traced the first ever driver/owner, he said he returned the car to Mercedes, so it means he leased it and the car was registered with a lease/finance company. I could not get details from Keeper 2, but it seems he sold the car after 3 months. Keeper/owner-3 also no details but he sold the car after 12/13 months. Keeper/owner-4 is the seller I purchased the car from. Keeper/Owner-5 is myself.   I tried to trace more and more and used google tools as much as I could, and found out that the car was advertised on July 2020 and Aug-2020 by a car dealer in Sussex on Gumtree! And the car was sold by them on the 29 Aug 2020...so most likely it was sold to Keeper/Owner-4, from whom I purchased the car.   So I made a list of past owners and tried to identify who could hold the title with Moneybarn...after weighing in my assumptions and findings, I came to the conclusion that Keeper/Owner-4 may hold the title. And since the car was advertised by a car-dealer, then I assume they should have run an HPI check. Maybe, just maybe, Keeper/Owner-3 may have traded in his car at this dealer and the car dealer took the Mercedes in as p/x exchange.   So today, i will drive down to the car dealer in Sussex, and try to find out more. If Keeper/Owner holds the title, then I have a better chance to get a Good Faith title from Moneybarn. I never thought I would run into this nightmare but I am weighing down my options, if I have to loose the car, I will try to loose it royally and drive around EU before returning it in the most deplorable state I can.   But then again, if Keeper/Owner holds the title, and he does not default his payments to Moneybarn, can they still repossess the car?
    • Thanks for the reply, BankFodder.   So far I've spent just the £52 on delivery. He sells a lot of stuff on eBay but I think he's classed as a private seller. 
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      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.
       
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      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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Court judgments: An N245 application to vary a court order does NOT Guarantee suspending enforcement.


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Given the degree of misunderstanding about an N245 Application (together with inaccurate advice about enforcement of a writ of control by a High Court Enforcement Officer) a debtor is reporting online that her debt has increased by almost £1,000.

 

 

Background:

 

On 2nd December the debtor posted that she had received notification from a High Court Enforcement company that they were enforcing a CCJ. She made clear that she wanted to pay the debt within one month of the date of the judgment (17th November) so as to ensure that her credit rating was not affacted.

 

On receipt of the Notice of Enforcement she contacted the enforcement company to advise that she could not pay immediately and wanted to make an arrangement to pay by the 17th December. As this was outside of the Compliance stage, the enforcement compoany correcrtly advised her that any arrangement would involve a personal visit by the Enforcement Officer and a Stage 1 fee of £190 plus vat would be chargeable.

 

She was advised to file an N245. She was wrongly advised that enforcement would cease.

 

ON 11th December she made a series of desperate posts as she was having trouble completing the N245 and was becoming very anxious as the matter had to be resolved within 6 days (by 17th December) otherwise a record of the judgment would appear on her credit file and remain there for a further six years.

 

On the same day (11th December) she was advised to pay the judgment debt £890 (minus bailiff fees) online to the creditor. She did so. She also file the N245.....and paid a court fee of £50

 

Yesterday, she posted back in desperation. The enforcement officer has once again visited and the debt has substantially risen to £1,928 (Stage 1 and Stage 2 fees have been applied). The enforcement company stated that they had contacted the creditor a few days beforehand and that apparently, their records did not record her direct payment. This has now been amended.

 

National Debt Line have advised her that the enforcement agent is indeed entitled to his fees.

 

The court have not yet received a response from the creditor in relation to her N245 Application (which is about right given the Christmas period).

 

She has now been told to file an N244 in the High Court. The McKenzie Friend has offered to refer her to his ‘solicitor’. She needs to pay another fee of £150 for this. This is in addition to the N244 fee of £155.

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N245 Applications: What are they?

 

If a defendant is unable to make the payments ordered by the judgment they can submit an application to ‘vary’ the court order. They will need to complete form N245 ‘Application for suspension of a warrant and/or
variation of an order’
. The N245 includes an income and expenditure and an offer of payment.

 

Is there a court fee to file an N245?

 

Yes. There is fee of £50 to file an N245. Depending on the debtors financial circumstances, they may qualify for exemption from court fees. They will need to read Form EX160.

 

What will happen after the N245 has been filed at court?

 

The Court will forwarded a copy of the N245 to the creditor. If they accept the defendant’s offer they do not need to respond. If they do not accept the defendant’s offer they must respond explaining why they do not accept the offer and what instalments (if any) they would be willing to accept. If the response is not received within
16 days
then the court will automatically grant the defendant’s payment proposal.

 

The court will send both the defendant and the creditor a ‘Variation Order’ explaining how the defendant should pay. The Variation Order does not change the amount owed or the date that the judgment was registered.

 

What happens if the creditor objects to the application?

 

The case will be transferred to the defendants local court and a hearing date set. The defendant and creditor will be expected to attend.

 

Is enforcement on 'hold' whilst the creditor considers the payment proposal?

 

No it is not. An N245 is merely an application to 'vary' the court order. If however a warrant had been issued, then the defendant would also be required to apply to have the warrant suspended.
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£50 to submit the N245 BA....not £155

 

"Is there a court fee to file an N245?

Yes. There is fee of £155 to file an N245. Depending on the debtors financial circumstances, they may qualify for exemption from court fees. They will need to read Form EX160."

 

Is this not already covered here....?

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?454644-What-Form-What-For-Where-does-it-go

 

Thread title amended.

 

Andy

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On receipt of the Notice of Enforcement she contacted the enforcement company to advise that she could not pay immediately and wanted to make an arrangement to pay by the 17th December. As this was outside of the Compliance stage, the enforcement company correcrtly advised her that any arrangement would involve a personal visit by the Enforcement Officer and a Stage 1 fee of £190 plus vat would be chargeable.

 

If only the debtor had been advised properly at this stage she would not be in the dreadful mess that she is now in with the real prospect of the enforcement agent taking control of her goods to recover his fees.

 

With judgments enforced via the High Court, it is the case that unless a debtor pays in full at the compliance stage that the enforcement agent is obliged to visit the debtor in every High Court case, thereby triggering the first stage enforcement fee of £190 plus vat (£235). This is explained in further detail under item 7.3 of the statutory Explanatory Memorandum supporting the Taking Control of Goods (Fees) Regulations 2014.

 

http://www.legislation.gov.uk/uksi/2014/1/pdfs/uksiem_20140001_en.pdf

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