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    • So a bit of an update as I haven’t posted for a while   I have received a court date of the 14th of Feb 2020 (maybe they will take me for a nice meal afterwards?) so I am starting to prepare my witness statement.    today I have received a letter from BW legal in response to my CPR letter yet again ignoring the fact that their T&Cs do not cover double parking. They are also now starting to hint that I was parked out of the bay yet the images provided on their evidence of the three tickets they are claiming for don’t evidence this as they are such bad quality.  stapled to the back of this is another letter. As a “gesture of good will”, the client is offering an out of court settlement figure of £500 payable in the next 5 days. Me thinks they are starting to realise they may not have a leg to stand on here!
    • firstly , they are not a Debt collector [never confuse the two - a DCA chasing consumer credit debt is totally powerless and have ZERO legal powers to do or take anything - they have no more legal powers than you or I do ] these will be bailiffs and do they have legal powers.   However, the good bit is that unlike what you might have seen on TV, for a council CTAX liability order [please confirm there is or NOT a CCJ registered check your creit file] there is NO right of forced entry. The bottom line is, bar all the arm waving, is, that if you simply totally ignore them, they will eventually go away.   Now what they can do is two fold on CTAX. basically add fees to a set limit.   the first is a notice of enforcement letter. this comes with a fee of £75 and gives you 7 days to set up some sort of payment plan.   the second is an actual visit, where by a further fee of £235, whereby the fees are now £310 , the maximum they can ever add to the CTAX bill. this is typically accompanied by a threat to removed goods, it's cleverly worded or 'explained' to make you 'think' they can waltz in any take anything they like. THEY CANNOT unless YOU let them in. which you don't, nor leave doors unlocked as they can then enter through what is called 'peaceful entry'.   in real term, the seizure of goods is limited to stuff outside like cars YOU might own that are not behind locked gates.   so i'm not too sure what stage you are at  so please clarify. the name of the bailiff company. how much you now owe the county council the CTAX is owed too.   if you have any/all paperwork please scan it to PDF  after redaction - read our upload guide]   one last point. they don't keep coming around they don't keep ringing. neither of those gander them anymore money so they don't bother.   dx      
    • Hi Everybody I moved into my parents house quite recently. My mam is aged and extremely ill (it's just me and her living in the house) and I moved from the North to the South of England to take care of her.   Now I've got a CCJ against me for unpaid Council tax from when I was living in the North and a debt collector has just showed up at the door. Now I don't have the money to pay the entire amount straight away. But I'm willing to try and enter in some kind of payment plan and gradually pay down the debt. However my main concern is that they don't keep coming around and phoning the house threatening and harassing my mam over her sons debt.   However the guy at the door was threatening to seize goods and have them sold at public auction. Getting bailiffs to break in etc.   When I told him that I've nothing of any real value he said he could just take whatever was in the house. Something about if she couldn't prove whatever was hers then they could just take whatever (I'm not 100% this but I think something to this affect).   He left me a "Notification of Enforcement agent visit" sheet of paper.   From the first paragraph it says:   "As an enforcement agent I've attended your premises today with the intention of taking control of your goods in accordance with the taking control of goods (fees) regulations 2014. At this time your goods are bound. You cannot remove, sell or otherwise dispose of them"   Thus I'd appreciate any advice that readers my be able to offer. Does anyone know the law regarding "seizing assets" when the debtor is not the homeowner/tenant?   tia Bear
    • I should add I only got the CCA response last week after waiting nearly a month over the prescribed time limits to respond. PM
    • Thanks, I thought that might be the case.  J
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limelight

Welcome Secured, DCA sends letter saying they are removing the security??

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Hi All,

 

I have an old secured loan with Welcome for £7000.00. Since Welcome went bust I've not paid anything (perhaps the odd token payment) and have dodged various DCA's.

 

2 weeks ago the current DCA holding the account wrote to me to advise that they will no longer rely on the security in my property and will take steps to remove the security from the land registry.

 

This seems like a really odd thing to do but I am highly suspicious?

 

Could they be up to something?

 

Anyone else heard of this?

 

Many thanks,

 

Limelight

Bournemouth

 

BTW The account has also disappeared from my credit file (Noddle)

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Hi, I'll try and keep it simple.

 

Can a 2nd mortgage provider remove the security element of a loan specifically so that they can then issue a stat demand

 

As I understand it, a stat demand cannot be issued if a debt is secured, but if they voluntarily remove the security that opens the way for issuing a stat demand.

 

Hope that makes sense.

 

Many thanks,

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I don't see how they could move the secure element as the debt is secured on those terms limelight.

 

The court may grant the application to set aside the demand if:

 

• the debtor appears to have a counterclaim, set-off or cross-demand that is the same as, or more than, the amount that is in the demand; or

• the debt is disputed on grounds that the court thinks are substantial; or

it appears that the creditor holds some security, such as a mortgage, that has not been disclosed or the court is satisfied that the value of any security is more than or the same as the amount claimed; or

• the court is satisfied on other grounds that the demand should be set aside.

 

Regards

 

Andy


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Thanks Andy, very helpful.

 

I guess I need to establish if a creditor that I have a secured loan with is able to change the terms of the agreement and convert it to an unsecured loan purely so that they can go for bankruptcy instead of calling up the security. This hasn't happened yet but I suspect as much.

 

Cheers,

 

Limelight

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So, if I have a fixed sum loan agreement with an unsecured creditor regulated by the Consumer Credit Act (which is what this account will become once they remove the security), do they have to obtain a county court judgement before they have the option to issue a stat demand or can they go straight for the stat demand option?

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So, if I have a fixed sum loan agreement with an unsecured creditor regulated by the Consumer Credit Act (which is what this account will become once they remove the security), do they have to obtain a county court judgement before they have the option to issue a stat demand or can they go straight for the stat demand option?

 

In general :

If unsecured (can you oppose on this ground?), a creditor doesn't need a CCJ to serve a stat demand, and then use that stat demand being unsatisfied at 3 weeks to start insolvency proceedings.

This is permissible because if the alleged debtor disputes the debt they can seek a set-aside (in the same way they could defend a CC claim if the creditor went down the "seek a CCJ" route instead).

 

What I don't know is if their moving a secured debt to become an unsecured debt still allows them to rely on a stat demand, or if the fact that the debt was secured and they chose to relinquish the security is grounds for setting aside the stat demand.

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In general :

What I don't know is if their moving a secured debt to become an unsecured debt still allows them to rely on a stat demand, or if the fact that the debt was secured and they chose to relinquish the security is grounds for setting aside the stat demand.

 

This is the bit I need to clarify. The original agreement is written up for a secured loan which both parties have signed.

 

Just seems really odd that they have voluntarily dropped the security a couple of weeks ago. I can only imagine this is in preparation for an alternative legal path.

 

As an FYI I have still managed to agree and get accepted a payment plan with them at £50 a month. (my offer crossed in the post with their letter about dropping the security - im wondering if two different departments are not knowing what the other is doing). This debt is nowhere near a Stat Barred option anyway.

 

Can I assume that if I keep the payment arrangement up they shouldn't really be taking any other action?

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