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    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury If possible please scan redact and upload a full page copy of page 1 of the claim form. ( Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM   1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack  Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached   2.  The price of the goods was £15,995.00.  The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month.   3.  The following were expressed conditions of the set agreement,   Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us.   Clause 9.  Effect of Us Terminating Agreement   9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate   4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:-   a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement number 756050. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     Thw total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by Firrst class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges ]= 5.  A the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or  alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage.   Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs.   Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024   What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
    • Commentary June 2024 WWW.ELECTORALCALCULUS.CO.UK Interesting article about just how bad it could be for the Tories.  Also Tories could be hoping on Reform not having candidates in many seats, as they were not ready.  
    • Even a Piers Morgan is an improvement and a gutless Farage Piers Morgan calls for second Brexit referendum WWW.THELONDONECONOMIC.COM Piers Morgan and Nigel Farage have faced off over Brexit and a second referendum in a heated reunion on BBC Question Time.   “Why don’t we have another referendum about Brexit?” he questioned. “I seem to remember when 2016 came around we were told there was going to be control of our borders and it was going to be economically beneficial to this country. And eight years later we have lost complete control of our borders… and economically it seems to have been a wilful act of self-harm.”   ... Piers missed off : after all somebody said a 48/52 decision would be "unfinished business" by a long way - was that person just bul lying (again)  
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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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How can I check if it's been transferred to the high court correctly? You would have to ring the Royal Courts of Justice Enforcement Section for this but would doubt very much there was anything wrong with it. To be honest, I don't know anything about it - the judgement was done in my absence. I was considering applying to get it set aside as I had a defence planned, but now thin the DRO route may be easier. But it may still be worth getting a stay of execution and getting it set aside? I doubt that A Stay would be granted if you were going to ask having submitted a DRO.

 

With regard to the statutory declaration - what does hehave to do here? Swear that I don't live there? Or that the stuff in the flat belongs to him? Best bet is to allow him in to see that you do not have any belongings there or visible signs of residency.

 

Thanks.

 

 

Set Aside may be a possibility but only if your defence can prove you did not owe the sum originally demanded, all docs were sent to an old address & if you admit the debt in part that you can show you can pay this.

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Bailiff Advice - you've asked me lots of questions, but haven't recommended a course of action.

 

The problem with the enforcement of High Court debts is that even if you wanted to make a payment proposal (which you cannot), the enforcement agent is under a legal obligation to attend the writ address on behalf of the judgment creditor. This is not the case with other debts. it is only applicable to CCJ's enforced via the High Court.

 

From your earlier posts, it would appear that your father lives in a modest flat. He owns a vehicle that would obviously be in his name. The agent is not able to force entry into domestic premises and cannot take a vehicle that is not in your name.

 

I mentioned above that you cannot make a payment proposal. My reason for saying this is because, as you have started the process of a DRO, you could be seen as preferring one creditor over another.

 

Given your circumstances, I would suggest that you contact The Sheriffs Office to explain that you are not wanting to run away from this debt but that you are in the process of applying for a Debt Relief Order. I have always found them to be very helpful. If you do encounter difficulties, please post back and I will try to get permission from one of the moderators to allow me to send contact details of an individual who will hopefully assist you.

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Bailiff Advice - thanks for the reply. I don't understand though... if I contact the Sheriff's office, surely they'll still have to visit my father's address? And won't they press me to give out my address? I was worried that if I spoke to them, they may say "give us your address or we'll keep visiting your father's". Whereas if I don't speak to them at all, they will visit my dad's, he'll tell them I don't live there, and they'll have to return empty handed and start the tracing process again.

 

Also, how would they be able to help? As far as I understand, they are obliged to visit, and you just confirmed that. So what could I possibly achieve by telling them about my situation? Do you think they'd actually hold off visiting for a few weeks?

 

With regard to my dad's car - won't he have to show a receipt? It's quite an old car, worth less than £1000, but he's had it for ages and might not have the receipt. It's insured, taxed and registered in his name, so I'm hoping they won't try it on. But I'd rather be knowledgeable about it beforehand just in case.

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Get your Dad to either tell them where you live or do a statutory declaration in a Solicitor's for about £20 to state that you do not live and have no ownership of anything at your Dad's address.

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Bailiff Advice - thanks for the reply. I don't understand though... if I contact the Sheriff's office, surely they'll still have to visit my father's address? And won't they press me to give out my address? I was worried that if I spoke to them, they may say "give us your address or we'll keep visiting your father's". Whereas if I don't speak to them at all, they will visit my dad's, he'll tell them I don't live there, and they'll have to return empty handed and start the tracing process again.

 

Also, how would they be able to help? As far as I understand, they are obliged to visit, and you just confirmed that. So what could I possibly achieve by telling them about my situation? Do you think they'd actually hold off visiting for a few weeks?

 

With regard to my dad's car - won't he have to show a receipt? It's quite an old car, worth less than £1000, but he's had it for ages and might not have the receipt. It's insured, taxed and registered in his name, so I'm hoping they won't try it on. But I'd rather be knowledgeable about it beforehand just in case.

 

As i see it, you have two choices here.

 

1) Tell the HCEO your current address and your current position applying for a DRO. If the DRO company are willing to issue letter about the current status of the DRO and that this debt will be included. Also that before a DRO can go through it is not possible to enter into any agreement, as that would disadvantage other creditors. The HCEO might still wish to visit to see if you have any goods that could be sold to pay the debt.

 

2) you inform your Dad about the situation and he tells them that you do not live at the address or hold any property at the address. He could get a statutory declaration done, but they might just ignore it. Once they see you don't live at the address, they will carry out searches to try to find you and put it on hold. Once your DRO goes through you advise them and all creditors.

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Set Aside may be a possibility but only if your defence can prove you did not owe the sum originally demanded, all docs were sent to an old address & if you admit the debt in part that you can show you can pay this.

Well it would be a part admission, so that rules that option out as I don't have the money to pay it at the moment. Unless I contested the full amount? But I doubt I'd win that battle. I didn't realise I'd have to prove that I can pay if I do a part admission... why couldn't I pay in instalments?

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Get your Dad to either tell them where you live or do a statutory declaration in a Solicitor's for about £20 to state that you do not live and have no ownership of anything at your Dad's address.

Yeah this seems to be the thing to do. I told my dad this but he doesn't seem bothered. Maybe if they're persistent he'll change his mind, but I guess we'll have to wait until the first visit to find out.

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As i see it, you have two choices here.

 

1) Tell the HCEO your current address and your current position applying for a DRO. If the DRO company are willing to issue letter about the current status of the DRO and that this debt will be included. Also that before a DRO can go through it is not possible to enter into any agreement, as that would disadvantage other creditors. The HCEO might still wish to visit to see if you have any goods that could be sold to pay the debt.

 

2) you inform your Dad about the situation and he tells them that you do not live at the address or hold any property at the address. He could get a statutory declaration done, but they might just ignore it. Once they see you don't live at the address, they will carry out searches to try to find you and put it on hold. Once your DRO goes through you advise them and all creditors.

I'm in two minds about contacting them first, as they'll know I've seen the enforcement letter and may pressure my dad more. I think it'll be option 2 for now, and I'll just have to hope that I get the DRO in place in time. I also don't want a bailiff banging on my door here, as I'm in rented accommodation and don't want the landlady to know about this. I like this flat and don't want to lose it. I was lucky to get it with my credit history.

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Well it would be a part admission, so that rules that option out as I don't have the money to pay it at the moment. Unless I contested the full amount? But I doubt I'd win that battle. I didn't realise I'd have to prove that I can pay if I do a part admission... why couldn't I pay in instalments?

 

Instalments might be an option but the court would looking at having it cleared within probably a maximum of 6 months - unless you can show your income can only support a small payment. You would still have a CCJ against you though.

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Instalments might be an option but the court would looking at having it cleared within probably a maximum of 6 months - unless you can show your income can only support a small payment. You would still have a CCJ against you though.

Ok, well if I apply to get it set aside, I can show that I'm on a low income. I could then possibly get it written off after I get the DRO set up?

 

I was also advised that I could apply for a stay of execution. At least that could hold off action while I await the DRO?

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I was also advised that I could apply for a stay of execution. At least that could hold off action while I await the DRO?

 

 

Very true but what grounds would you propose to use?

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Very true but what grounds would you propose to use?

Simply that I don't have any assets and don't have the money to pay. There's absolutely nothing I can do to pay it at the moment.

 

EDIT: Also, I could possibly mention that I hadn't received the court papers? I don't know if that'd help, but it's the truth. They went to my dad's address, he never told me about them as he just puts them in a pile. The only reason I found out about the bailiffs action was because it said "do not ignore" on the letter and my dad called me.

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Before commenting further are you still going ahead with your DRO? If so are using a "free" one - apart from the £90 fee - StepChange for instance. my understanding is they can be set up in a lot less than the 3/4 weeks you have mentioned previously - particularly if you have all the relevant info.

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Before commenting further are you still going ahead with your DRO? If so are using a "free" one - apart from the £90 fee - StepChange for instance. my understanding is they can be set up in a lot less than the 3/4 weeks you have mentioned previously - particularly if you have all the relevant info.

Yeah I'm using a free one. How could I speed things up?

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If you have a Google around you will see that quite a few say a DRO can be put in place within 48 hours of the application being submitted. To get ready for submission you will need to have all the documentation & proof of debts + the fee must be paid in full (£90).

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If you have a Google around you will see that quite a few say a DRO can be put in place within 48 hours of the application being submitted. To get ready for submission you will need to have all the documentation & proof of debts + the fee must be paid in full (£90).

Yes, from what I've now found, if I give them a call once I've paid the £90 fee it can sometimes come through in 48 hours. This is great news, hopefully I'll be able to put this mess behind me sooner rather than later. Thanks.

 

Best bet is to allow him in to see that you do not have any belongings there or visible signs of residency.

 

Did you write this? I missed this the other day... I'm not sure if this is a good idea? What's to stop them going in and saying "ok, we're just going to list these items to take. Pay up." And they threaten my dad and pressure him to pay my debt.

 

Sure, the spare room there is empty. Would that be enough "evidence" for them to decide that I'm not living there? What if they don't believe him? I don't like giving them any power at all tbh, and would feel uneasy about recommending this. Surely the best option would be to for him to speak to them either through the letterbox or with the door chain on? That way he can show them his ID to show that he's not me, tell them I don't live there and they should in theory leave? I mean, what else can they do? How long would they bang on the door for or make a nuisance of themselves for? I don't know what sort of tactics they could use?

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Starbug,

 

Concentrate on getting the Debt Relief Order set up. Your father should ensure that he speaks with the enforcement agent either through the letterbox or with the door chain on.

Yeah I think this is the safest course of action. I imagine they'll leave eventually? I don't want my father to go through any stress, he's in his 60s, so I hope they're not too pushy. He seems fine with it, and I've said he can give them my number.

 

I'm a bit dubious about calling them first. Mainly because they'll then be aware that I've read the notice of enforcement, and may think I was at that address. The reason I read it was because my dad saw the "do not ignore" on the envelope and called me as it looked important. It's a good job he did else we wouldn't have had any notice and they may have caught him off guard.

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  • 2 weeks later...

Ok an update. My dad said they'd called and not bothered to knock. He heard the letterbox go and went to check and saw an envelope addressed to me had been posted. He called me and let me know, I've since seen it and it basically says it's about a writ of control, and that it was now going to enforcement stage 2.

 

Here's my theory - they have seen my car registered to that address. They arrived and were disappointed to see it wasn't there, so quietly put the letter through and went away. They did this for two reasons - firstly, it bumps up their charges. Secondly, they wanted to clamp my car first so they had leverage.

 

Thoughts? Are they allowed to go to stage 2 without speaking to anyone? It seems a bit cheeky that they didn't even knock... and if I did live there I would now have to pay an extra £500 odd to settle my debt.

 

I've still waiting on the DRO to come through. I have a couple more questions though. As far as I know, they don't have my current address. If they did somehow find it out, wouldn't they need to send a "notice of enforcement" here before taking any action? Or because the car is registered at my dad's house, could they take it from my place if it was parked on the street? I've parked it on a private drive now, but it's inconvenient and I wanted to know where I stand.

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Ok an update. My dad said they'd called and not bothered to knock. He heard the letterbox go and went to check and saw an envelope addressed to me had been posted. He called me and let me know, I've since seen it and it basically says it's about a writ of control, and that it was now going to enforcement stage 2.

 

Here's my theory - they have seen my car registered to that address. They arrived and were disappointed to see it wasn't there, so quietly put the letter through and went away. They did this for two reasons - firstly, it bumps up their charges. Secondly, they wanted to clamp my car first so they had leverage.

 

Thoughts? Are they allowed to go to stage 2 without speaking to anyone? It seems a bit cheeky that they didn't even knock... and if I did live there I would now have to pay an extra £500 odd to settle my debt.

 

I've still waiting on the DRO to come through. I have a couple more questions though. As far as I know, they don't have my current address. If they did somehow find it out, wouldn't they need to send a "notice of enforcement" here before taking any action? Or because the car is registered at my dad's house, could they take it from my place if it was parked on the street? I've parked it on a private drive now, but it's inconvenient and I wanted to know where I stand.

 

They can't go to stage 2 without having made an attempt to enforce the debt at stage 1. But they try it on.

 

If they trace you to your current address, then yes the car can be taken control of, providing its value is enough to go towards settling the debt.

 

Get in touch with the DRO company to make them aware of the urgency. Also they can include the CCJ and total of the HCEO fees,

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They can't go to stage 2 without having made an attempt to enforce the debt at stage 1. But they try it on.

 

If they trace you to your current address, then yes the car can be taken control of, providing its value is enough to go towards settling the debt.

 

Get in touch with the DRO company to make them aware of the urgency. Also they can include the CCJ and total of the HCEO fees,

What would be considered an "attempt"? Knocking on the door? They haven't spoken to anyone at all.

 

If they trace me to my current address, don't they need to give me a "notice of enforcement" before they can take the car?

 

With regard to the HCEO fees, don't they get reset if the HCEO is unsuccessful?

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What would be considered an "attempt"? Knocking on the door? They haven't spoken to anyone at all.

 

If they trace me to my current address, don't they need to give me a "notice of enforcement" before they can take the car?

 

With regard to the HCEO fees, don't they get reset if the HCEO is unsuccessful?

 

Hi Starbug,

 

I'm no expert whatsoever on High Court enforcement. However, there's a handy guide from the Sheriffs Office which I've got as a pdf, and the following is cited directly from that:

 

"If you do subsequently find the HCEO needs to attend a different address where the

debtor is now located, the HCEO will have to serve a new notice of enforcement on

them, giving a further seven clear days’ notice.

 

Check the debtor is not subject to insolvency proceedings

If they are, you may well decide that the time and cost of suing would be good money

thrown after bad. You can check with Companies House to find out if a company is in

Liquidation or Administration with an “L” or an “A” next to the name.

The Insolvency Service allows you to check individuals and “trading as” names for

bankruptcy and IVA. They also have a helpful “Guide for Creditors” on their site."

 

The above would lead me to think that if you push hard for your DRO to progress, they may consider it is not worth pursuing you further. Thus the advice to concentrate your efforts in that direction seems to be fair to me, based on what I've read. As I said, I'm no expert.

 

With regards to your final question, I think if an HCEO doesn't collect, they don't get paid, so I assume the fees die when it is returned.

 

All is a 'best attempt' from someone who admits to knowing little about this area, but given you've had no other replies, I've had a go at helping you.

 

Hopefully someone more knowledgeable will come along, there's plenty on here.

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Coughdrop - thanks for the reply. Yeah I checked on the Sheriff's website a while back and saw the same thing as you. I'd assume they are required to get a new NOE for another address, but just wanted to check. And the main issue for me is that the car is at this address, and I don't know if they could just turn up here and clamp it, seeing as how it's registered to my previous address and they've already sent a NOE there.

 

I am indeed concentrating my efforts on getting the DRO sorted ASAP. Unfortunately all I can do now is wait, as I've done everything at my end. I think I'll be ok, but I just don't like leaving anything to chance. If I lost the car, I'd lose my job, it's as simple as that.

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Surely it would make sense to contact the HCEO and let them know that you don't live there and that you're not in a position to pay, have no assets and are applying for a DRO due to your financial position. This could be done by email and they would likely report this to the client asking for further instructions. You could even copy your old landlord in.

 

At least this may stop them re-attending your parents address to attempt to remove goods. The last thing you want is your Dad getting woken up at 6am with an HCEO at the door.

 

In terms of fees, they've visited because you failed to respond to the Notice of Enforcement. They have a duty to do this.

 

If you ignore the first visit at Enforcement Stage 1 it will generally escalate to Enforcement Stage 2. This will likely include a further visit, various tracing and checks and potentially a telephone collection attempt.

 

Despite what some websites state, it is always better to enter into dialogue with enforcement agents, even if it is by a newly created email.

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