Cabot...Disputed Catalogue Debt - Warrant of Goods Issued

[liverbird37]

Need some urgent advice on how to proceed.

 

 

Received letters from catalogue company regarding a debt I allegedly had with them.

Asked for them to send me evidence of a signed agreement to prove,

as have never had any catalogue accounts.

Never received any of this, or any further correspondence

 

 

recently when they sent a court order letter asking me to attend.

Due to severe mobility issues, & being on heavy Opiates means I'm unable to drive,

I was unable to attend.

 

 

I did fill in the defence form, wasn't too concerned as knew they'd most likely have to prove I signed an agreement

which I most definitely haven't.

 

The court issued a CCJ against me & ordered me to pay nearly £500

They also now have sent me today a warrant of control of goods

which expires on 29th !!

Giving me no Time to act .

 

I am classed as vulnerable due to my disabilities & many health issues.

I can get a letter from GP to prove this.

 

 

Is there any way I can get bailiff action stopped ?

Seems wrong that even though I disputed debt that they were able to get a CCJ

when I've never signed any kind of consumer credit agreement.

 

 

Surely they should have had to prove that I did at court.

 

Need advice on what forms to fill out and how to deal with bailiffs when they arrive.

I have no goods of any value anyway, but am certainly not paying a debt I've not accrued.

[renegadeimp]

Who got the ccj. Was it a dca because it is very rare for a catalogue company to go to court themselves. Especially for a disputed debt where you haven't even had a catalogue account

[Sidewinder]

Sounds as though you have missed some court deadlines here and they have obtained a default judgment. Submitting a defence is only part of the process and the Court will not do the rest for you - you should have had an option to mediate for example before it even got to court. You asked for evidence of an agreement? Was this made by way of a formal CCA request? Did you follow that up?

 

How did you frame your defence? Can you post up a copy minus any personal information?

[Bailiff Advice]

Need some urgent advice on how to proceed.

 

They also now have sent me today a warrant of control of goods which expires on 29th !! Giving me no Time to act

 

Can you just confirm that the warrant of control is from the County Court (as opposed to a private enforcement agency).

 

Does the warrant provide a breakdown of fees charged so far or details of any fees that may be charged if payment is not forthcoming?

 

Last question.....do you have a vehicle outside of your property?

[ploddertom]

Who did you return the Defence to?

[liverbird37]

Letters initially came from caboot...or something extremely like that. Could have been Cahoot. I contacted them by phone & told them I disputed debt. I also requested all evidence of account be sent to me, such as catalogue name, date opened, signature on agreement etc.

 

I heard nothing more for over a year. Thought they'd realised they'd made an error so thought no more of it. I then received a white form from Northampton County Court with hearing date & defence form. Was unable to attend due to major health problems, so filled in enclosed defence form disputing debt, mentioned calls to caboot requesting info on account and copy of signed credit agreement, and that the company never sent these details. The form was then sent back to Northampton CC as it specified on form I was to do.

 

Then received letter saying judgement made against me, given a CCJ & ordered to pay up nearly £500 by a certain date. No breakdown of costs on any of the court letters or letters from caboot. I phoned Caboot stating I was still disputing debt & refusing to pay for something I'm not responsible for. They warned me that bailiffs would be sent if I didn't pay and put phone down on me.

 

The next I hear is a letter with warrant of control of goods. White letter, envelope had Romford CC address on back. Warrant didn't have much on it. Nothing on back at all. Just had court issuing details and the amount owing to be paid in 7 days or goods will be seized. A small box saying bailiffs office, no name, but a telephone number which was also a Romford one. No breakdown of costs. Amount outstanding only.

 

I can call them on Tuesday and see if I can fax a letter from my doctor. I'm a single parent on ESA, High rate DLA and Mid rate Care DLA. I'm not sure it'll do much good as they seem to ignore the vulnerability issue, but I'll try.

 

I have a disabled bay outside my house and car, but the car is a Motability one so believe they can't touch that, but may move it anyway just in case. There is no way of them getting into the house at all, but my 15yr old son is occasionally at home on his own for half an hour or so while I'm picking up daughter from college.

 

I am grateful for everyone's help very much. I will update on what the bailiffs say when I call them on Tuesday morning. Thank you once again.

[Bailiff Advice]

You now have two choices:

 

One, that you accept that the judgement has been issued and speak to the bailiffs office on Tuesday and advise them that you have received the documentation from the court and that you intend submitting an N245 so that payments can be made at an affordable rate.

 

Two: Dispute the debt. This will mean that you will need to complete a form N244 to set aside the judgment. The court will then list the case for another hearing.

 

The court fee for submitting an N244 has recently risen to £255 but given that you are in receipt of ESA you should be exempt from paying this fee. You will need to read the court form EX160 for details.

 

PS: When speaking with the bailiffs off office on Tuesday it is important that you mention that you are in receipt of ESA and that you have a vehicle provided by Motability.

[Bailiff Advice]

 

I have a disabled bay outside my house and car, but the car is a Motability one so believe they can't touch that, but may move it anyway just in case.

 

The regulations provided that for exemption to apply the vehicle must be displaying a valid blue badge.

[andydd]

You seem to have missed some steps,did you tell the court you would be unable to attend or did you just not turn up ?

[AndyOrch]

If your judgment was made in the County Court, your creditor may choose to apply for a writ of control if:

 

the amount owing under the CCJ is £600 or more;

the debt is not regulated by the Consumer Credit Act 1974; and

you have not paid the CCJ as the court ordered.

 

 

Andy

[liverbird37]

Well now I'm really scared. Spent morning in absolute tears. I contacted bailiffs & sent proof of vulnerability ie: Disability, single parent, on ESA, kids under 16 present in property on their own & that I was applying to get judgement set aside. Today I received another letter from bailiffs.

 

This is exactly what is written on letter. YOU HAVE 5 DAYS TO PAY OR WE WILL THEN ARRANGE TRANSPORT TO REMOVE YOUR GOODS.

 

"The warrant against you REMAINS UNPAID despite several requests of payment at your address. Unless full payment is received into court WITHIN 5 DAYS then permission will be sought from the district judge to enter your property and seize goods of any description to be sold at public auction in sufficient quantity to cover the sum above. Plus the additional cost which will be incurred in their removal. BE ADVISED THIS ACTION WILL TAKE PLACE IN YOUR ABSENCE

 

In addition, he has handwritten a note on the top of the page which says the following " I have taken into account your health as stated in your letter, but this will have not have, or make any difference to enforcement of the warrant. The application to be set aside needs to be made in person. Forms must not be sent by post.

 

I can't get to the court until Monday as need someone to drive me as am not able to drive at the moment due to the levels of Morphine I'm on. My closest friend I away at the moment and can't help me until then. Public transport is not an option as am really sick, & due to the disabilities I have, am unable to stand on two buses for an hour.

 

I can't sleep, and have been in constant tears. If it was a small amount I'd just pay to ease my stress & upset despite the debt not being mine, but £422 I don't even have goods of that value. My son who is 14yrs brings himself home from school, whilst myself & my friend pick my daughter up from college. He will be absolutely terrified on his own.

 

I really am now genuinely extremely frightened & upset. I thought they had to take vulnerability issues into effect. I have no way of knowing when they will break in so no way of knowing when to keep son out of the house. This is terrifying.

[renegadeimp]

Has a bailiff ever Set foot in your house and taken control of goods?

[liverbird37]

No no one has been round to house yet.The letter implies he can get access when he likes, even if I'm not there. So scared, as I can't get anyone to take me to the court until Monday & the letter received today was dated April 4th so will pass the 5 days

[renegadeimp]

He can't force access yet. He has to attempt to gain peaceful entry first before he can do anything.

 

Basically he's breaching rules by threatening things he knows he can't do.

[liverbird37]

I have tried calling him but no answer as yet. If he says that Monday is out of time, & therefore he will proceed to trying to get into house, will the courts still accept the N244 form, or does this have to be done within the 5 days ? Absolutely no way of getting there before & don't have any money to get a cab. Only friend I can borrow from is the one who's on holiday.

[AndyOrch]

You can email an application to the relevant court...you can download the N244 from our legal Library.

 

Andy

[liverbird37]

He said it had to be done in person....is that not correct then ?

[AndyOrch]

He said it had to be done in person....is that not correct then ?

 

He also states he will be back to break in and remove goods without even taking a control of goods list.

[Leakie]

Why oh why are these type of EA's allowed to keep there licence,

 

As has been said before if he has not gained entry, there is not a lot he can do,

 

He is relying on fear, and obviously it is working.

 

just get to the court on Monday,

an hopefully it will get sorted.

 

Leakie

[brassnecked]

 

This is exactly what is written on letter. YOU HAVE 5 DAYS TO PAY OR WE WILL THEN ARRANGE TRANSPORT TO REMOVE YOUR GOODS.

 

"The warrant against you REMAINS UNPAID despite several requests of payment at your address. Unless full payment is received into court WITHIN 5 DAYS then permission will be sought from the district judge to enter your property and seize goods of any description to be sold at public auction in sufficient quantity to cover the sum above. Plus the additional cost which will be incurred in their removal. BE ADVISED THIS ACTION WILL TAKE PLACE IN YOUR ABSENCE

 

In addition, he has handwritten a note on the top of the page which says the following " I have taken into account your health as stated in your letter, but this will have not have, or make any difference to enforcement of the warrant. The application to be set aside needs to be made in person. Forms must not be sent by post.

 

I can't get to the court until Monday as need someone to drive me as am not able to drive at the moment due to the levels of Morphine I'm on. My closest friend I away at the moment and can't help me until then. Public transport is not an option as am really sick, & due to the disabilities I have, am unable to stand on two buses for an hour.

 

I can't sleep, and have been in constant tears. If it was a small amount I'd just pay to ease my stress & upset despite the debt not being mine, but £422 I don't even have goods of that value. My son who is 14yrs brings himself home from school, whilst myself & my friend pick my daughter up from college. He will be absolutely terrified on his own.

 

.

This EA is a despicable individual, he cannot just come in and clear the house as he implies by taking goods of ANY DESCRIPTION. There are many exempt goods that cannot be taken.

[brassnecked]

Why oh why are these type of EA's allowed to keep there licence,

 

As has been said before if he has not gained entry, there is not a lot he can do,

 

He is relying on fear, and obviously it is working.

 

just get to the court on Monday,

an hopefully it will get sorted.

 

Leakie

 

Agree Leakie, given the information provided regarding medical issues provided by Liverbird37, they should look at working compassionately with her, not threatening to clear the entire house and flog the lot in blatant disregard of the Regulations and exempt goods, even though he has no right of entry at present, just a veiled threat of Forced Entry..

[Bailiff Advice]

Well now I'm really scared. Spent morning in absolute tears. I contacted bailiffs & sent proof of vulnerability ie: Disability, single parent, on ESA, kids under 16 present in property on their own & that I was applying to get judgement set aside. Today I received another letter from bailiffs.

 

This is exactly what is written on letter. YOU HAVE 5 DAYS TO PAY OR WE WILL THEN ARRANGE TRANSPORT TO REMOVE YOUR GOODS.

 

"The warrant against you REMAINS UNPAID despite several requests of payment at your address. Unless full payment is received into court WITHIN 5 DAYS then permission will be sought from the district judge to enter your property and seize goods of any description to be sold at public auction in sufficient quantity to cover the sum above. Plus the additional cost which will be incurred in their removal. BE ADVISED THIS ACTION WILL TAKE PLACE IN YOUR ABSENCE

 

In addition, he has handwritten a note on the top of the page which says the following " I have taken into account your health as stated in your letter, but this will have not have, or make any difference to enforcement of the warrant. The application to be set aside needs to be made in person. Forms must not be sent by post.

 

I am being really honest here by saying that I have NEVER come across a County Court Bailiff (he retains the title 'bailiff' as opposed to 'enforcement agent') being so harsh. This is really unheard of and I am sure that permission to force entry would not be granted by the district judge.

 

I would consider from what you have written that you are considered 'vulnerable'. On my other computer I have a copy of the updated County Courts Bailiffs Manual and I will have a read later to see what their procedures are for vulnerability.

 

Please try not to worry as I think that the wording on the letter is a 'threat' to encourage speedy payment.

[liverbird37]

I can't thank you all enough for all your help & support. Still feeling really scared over this, but there's nothing can be done until Monday so will not answer door if they turn up at weekend.

 

I contacted the bailiff who insisted I wasn't to submit the N244 by post or email. He insisted that it had to be done before Saturday & in person. I explained health etc & that I need someone to drive me to which he replied get the bus. I told him I'm on immune suppressant meds, & that & many other health implications means public transport isn't possible. He told me enforcement would go ahead as id made no effort to get to court.

 

I have told him I will only converse with him via text, email, or letter to keep a record of proof of things said. This I was told was being obstructive. What I want to know is, am I informed if he gets a warrant to force entry so I can contest, or can he do it keeping all knowledge of vulnerability from judge.

 

If I submit the N244 online, can I still take paper evidence to court hearing ? I have never had a catalogue account, but do have proof of evidence of fraud on my bank account from bank so think this may be linked in some way.

 

Will they turn up at the hearing so I can get them to finally answer questions of who took out account, what catalogue, signed agreement etc. Surely they need to prove an agreement was made. Turns out that after contacting Northampton County Court, my defence form was not received by them. They mentioned "no defence submitted" My stupid fault for not sending recorded.

[Leakie]

I am being really honest here by saying that I have NEVER come across a County Court Bailiff (he retains the title 'bailiff' as opposed to 'enforcement agent') being so harsh. This is really unheard of and I am sure that permission to force entry would not be granted by the district judge.

 

Hi BA

Sorry I did not realise that it was a County court Bailiff.

 

I have to agree they are normally OK

 

It is the likes of Newlyns Martson Equita etc I was referring too

 

Leakie

[brassnecked]

Whatever he is, he is acting beyond the pale regarding the debtor's obvious vulnerability and health issues, Wonder what Dodgeball's take on this vulnerability is, as there is obviously no prospect of any excess income apart from trying to get an AOB