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Cabot/Restons CCJ - dealt with bailiffs - now Cabot time and payment?


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Hi all, I have a question or two related to court issued Bailiffs...

 

Yesterday I was sat here (at home) doing some work (I work from home) and I hear a knock at the door

 

...A chap says he is a bailiff and ask for my step son (who is 26yrs old btw).

 

He was not in at the time, so I told the chap this, and he asked me if step son lived here, I said yes.

He then handed me a letter and said please give him this and he would call another time.

 

I have not really looked at in detail as he has taken the letter with him to work,

but on one of the paper it definitely says something about the court and bailiffs.

 

my missus is in a right panic and freak moment because she is convinced the bailiff can take my stuff,

her stuff, break in if there is no one here, force entry into the premises etc etc...

 

Now as far as I can gather,

this is for debt owed to Cabot (Though I can’t be sure cos haven’t had a chance to talk to him properly has he was at work at 6AM this morn)

 

but I believe it said something about credit or credit cards, who the original credit card is I do not know.

 

About 5-6 weeks ago,

we had Lowells calling 3-4 times a week a

nd I got to the point I thought,

that they thought,

I was my step son because when they called he is never here,

he works 12 hours shifts 5 days starts early and home after office hours…

 

I told him to call them and do not know if this is related,

but a couple weeks back, the calls stopped.

 

He ignores letters that come through the door,

and despite me telling him he needs to sort it out,

read the letters,

call folk back,

he has clearly no done so,

 

one of these issues he has created for himself has finally arrived to collect their dues.

 

So, my questions, and all please understand,

 

I am encouraging him to sort this out,

not run away from or pretend it’s not happening

or looking for a quick get out of free card.

 

I am looking to ease my other halfs tension about the whole situation.

So, first, with regard to entry to the premises,

 

I understand if the court has given him (the bailiff) right of way,

and accept to some degree this is not negotiable as it were,

 

my issue is this,

my step son does not own these premises,

his name is nowhere on the properties official documents

in other words, for the purpose of simplicity,

he resides here as would someone renting a room (though of course without a contract).

 

So how does this affect the bailiff with right of entry and how does this affect us as the residence owners?

 

I understand my step sons name is on the paperwork

but like I say I am worried that if there is no one here,

or he is not here,

they will decide they are coming in anyway

 

though I want to encourage him to deal with it,

at the same time I see no reason why me and the missus should be subject to allowing them in without proper consen

t and only at a time it is convenient for us as the property owners

(for example if he won’t deal with it I will absolutely let them him to take his TV and Xbox,

but only if he is here or I decided it reasonable to do so if either myself of missus is here)…

 

The other issue I have and that my other half is really getting upset about,

is whether the bailiff can just take stuff willy nilly as it were.

 

I had originally said to her

, that I don’t think this is how it works,

 

but then she pipes up, well what if asks up to prove this stuff is ours?

Which of course is a pertinent question,

and of course some stuff is easily provable other stuff not so,

 

for example, I do not know where the receipt for my 5-year-old laptop is,

or the HUDL2 I bought for her Christmas pressy 3 years back, or whenever it was…

 

So my second question,

can the bailiff just take stuff from this address?

 

How are we to make sure there is a clear demarcation between our stuff and my step sons stuff?

And how do we make sure he takes only the stuff he is entitled to take?

 

Thanks in advance and I look forward to some valuable input from the CAG members and crew…

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moved to bailiffs

 

first and most importantly

 

its a civil debt [if its a CCJ]

 

there is NO RIGHT OF FORCED ENTRY on civil debts

 

as long as hes got no CRIMINAL fines

[council/police PCN's court fines, speeding tickets etc]

then you are totally safe.

 

now

please name the bailiff co.

 

you say he said he was a court bailiff

or did he say he was a High Court Bailiff?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi dx, hope you are well,

 

first, let me apologise for that awful formatting,

i have no idea whats happened to it,

I wrote it all out inw MS Word and pasted it in!!!

 

I have no idea who it is (Bailiff Co),

he got home late,

and went out early,

all I know is i heard his mom tearing a piece of something out of his butt...

 

I will try to find out a bit later,

 

I think the story goes like this,

 

started working,

found he had money,

found he loved spending money,

realised he did not earn enough to cover his love of spending,

got a credit card,

some payday loans,

then realised once he spent all their money,

he would have none left for himself if paid them back,

 

so figured his best option was to ignore them and carry on spending the money he owed them for his own pleasure..

 

.I had a conversation with him some time ago about where it will end

and he truly and honestly believed that nothing would happen,

 

this has been 3 years or so now,

he pays a bit then ignores them for ages..

 

.and I am sure there are more…

so I do beleive it is the result of a CCJ

but again cannot be certain,

unless of course he is hiding something else...

 

Definately did not say high court,

and I thought he said court bailiff,

but I also thought the paper said court bailiff,

 

I will try to get some more info later,

but was so desperate to try to get some sense of it

so I could tell the other half that we can be sure that our stuff is safe and our house is safe...

 

Thanks again...

 

mrbrooks

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don't copy from msword

its a word processor and has hidden control #chrs.

use notepad.

 

anyway [i've sorted both posts now]

 

a court bailiff is your friend

they are the nice ones

 

HCEO's are the one that will try [just like the DCA's do]

to bluff and bluster they have magic powers of entry and seizure

simply ans is they don't on civil debts.

 

plus I doubt it was hceo anyway.

not really their ball game CCJ 's etc for civil consumer credit debt.

 

from what you say it will be for a CCJ I bet.

 

bottom line is as I said

you are safe

your mrs is safe

the court bailiff will not in the least want to take stuff

and they cant as theres no right of entry on these.

 

let the story unfold.

 

and we'll get him sorted.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Do not let the bailiffs into your property.

But even if they do get in they can only take items belonging to your stepson.

 

They cannot touch your things or your wife's though it would help if you had receipts.

 

They also cannot take your car though your son's car would be vulnerable so best if he parks it well away.

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Hi everyone, I have just spoken to step son, and gotten the documents that the bailiff handed to me yesterday.

 

First off, one of the letters, the HM Courts Tribunals Service CallingCard, is absolutely abysmal quality, it is hardly legible, I have increased the contrast to 100+ and reduced the brightness by 20% and run it through photoshop just to get readable-ish, without this it is almost impossible to read and y ou can see some the text is still illegible and some of it is missing, aka items like, warrant number, date, case number etc...

 

So this first letter, the Calling Card, though rubbish quality, looks pretty official, but of course maybe thats the point, and I accept I do not know what I am dealing with here, which of course is why I am asking for more knowledgable folks to run their eye over it and hopefully provide some insights.

 

So thoughts on this letter please, is this official? Is this just something they have copied to make their positon appear more official and legible? and what is one to do about it?

 

The second letter, Notice Of Visit, again looks fairly official, and with regard to the highlight in yellow, I have asked my step son to start opening letters to find this notice, I am sure it was sent but we have yet to locate it.

 

So again, thoughts on this, do this give us any more insight to whats going on here?

 

My questions from earlier I feel need re-asking in light of these documents, should we (me and the missus) be worried about this chap being able to enter our home? Remove any of our stuff?

 

What would be the next step in dealing with this matter?

 

Thanks all and I look forward to your thoughts and insights.

 

Best wishes

 

mrbrooks

HMCourts_Tribunals_Service_CallingCard_20160819.pdf

Notice_Of_Visit_By_The_Bailiff_20160819_Redacted.pdf

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no you are safe

stop worrying

as guessed then

they are the nice lot.

 

so cabot got a CCJ against him

and now they've sent bailiffs

 

theres nowt he can do to anyone really

 

but theres no harm intalking to him

they are actually quite helpful.

 

so somewhere your stepson must have a CCJ hidden.

 

you say hes got all the letters

or has he simply destroyed everything.

 

its no big deal a CCJ.

 

might be an idea to pop up on his credit file

should cross t's and dot i's

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I have told him (step son) to sign up at Noddle and we can take a look.

 

Letters, looks like hes just dumped most of them in the bin...unopened, I told him it was irresponsible and he needs to deal with this once we know what we are dealing with.

 

So I am confused,

is this bailiff an employe of the court or is he an employee of a company?

Is just a debt collector?

Whats all this stuff about calling cards?

Does he actually have any power?

Are you saying he cannot enter our house without explicit permission?

He as no permission from the court to enter the house?

Is he allowed on my property (not that I am inclined to ask him to leave unless he gets shirty)?

 

Not sure what you mean with 'as guessed then they are the nice lot.'

 

Thanks again everyone...

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So thoughts on this letter please, is this official? Is this just something they have copied to make their positon appear more official and legible? and what is one to do about it?

 

The second letter, Notice Of Visit, again looks fairly official, and with regard to the highlight in yellow, I have asked my step son to start opening letters to find this notice, I am sure it was sent but we have yet to locate it.

 

So again, thoughts on this, do this give us any more insight to whats going on here?

 

My questions from earlier I feel need re-asking in light of these documents, should we (me and the missus) be worried about this chap being able to enter our home? Remove any of our stuff?

Best wishes

 

Both documents are perfectly legitimate. I will give a more detailed response shortly (engrossed with the women's hockey finals at the moment).

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I have told him (step son) to sign up at Noddle and we can take a look.

 

Letters, looks like hes just dumped most of them in the bin...unopened, I told him it was irresponsible and he needs to deal with this once we know what we are dealing with.

 

So I am confused,

is this bailiff an employe of the court or is he an employee of a company? the court

Is just a debt collector? no

Whats all this stuff about calling cards?dont worry about it

Does he actually have any power?he does but not of forced entry and hes not really worried about the debt as such

Are you saying he cannot enter our house without explicit permission? correct [yours]

He as no permission from the court to enter the house? nope none its a civil debt not criminal

Is he allowed on my property (not that I am inclined to ask him to leave unless he gets shirty)? he is and theres no need to get shirty

Not sure what you mean with 'as guessed then they are the nice lot.'

 

Thanks again everyone...

 

court bailiffs will normally help you out.

unlike others

they are employed by the court

they are not on commission to levy lots of fees and get lots of extra money by them to his pocket

 

ba will explain more

but you've nothing to worry about.

 

see if theres a CCJ on his credit file.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks dx100 and BA, I look forward to your post...yeah I had a nice time watching the girls beach volleyball the other day...I will stop worrying, I have spoken to step son and he has agreed he needs to sort this out...

 

mrbrooks

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As Cabot appear to be involved he needs to find out who the original creditor would have been and how old the debt is - there is a possibility it could have been statute barred - and when any payments were made.

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Hi plodderton, I have told SS to sign up at Noddle and then we can take a look to see if this will reveal anything...trouble is he has pretty much thrown out all the correspondence from pretty much everyone...so it could prove a bit tricky...but will certainly look into it.

 

mrbrooks

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should be easy it'll be on there. as a ccj.in the public section

if theres nowt in the debt section as to what the debt cabot owns was

then a quick call to northants bulk Monday AM

will tell you everything

 

 

all you'll need is the CCJ number

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Gold for GB Women in the Hockey, awesome...

 

Brilliant evening !!

 

Back to the judgment.....Ploddertom's advice needs to be taken on board and in particular given that many of these debts, are found to be 'statute barred'.

 

If after enquiries, the debt is due and payable, your step-son needs to look at paying the debt. If he cannot afford to pay in full, he needs to apply to the county court to pay by instalments. This is achieved by completing a court form called an N245 (Variation of a court order). There is a fee to pay.

 

As mentioned above, the bailiff can only enter your property by 'peaceful' means (usually this would be by being 'invited' into the property)....not to be recommended.

 

Can I just make a slight correction about county court bailiffs:

 

At one time, there were considered 'pussycats' (so to speak) and not as 'aggressive' in pursuing a debt as 'private sector bailiffs'. This is actually not quite the case any more. The reason for the change, is that county court bailiffs are very conscious of the fact that the 'High Court' enforcement sector are actively lobbying Parliament to amend legislation to allow then (HCEO's) to enforce lower value judgments. If this were to happen, we could see the demise of County Court bailiffs. Accordingly, they need to demonstrate to HMCTS that they are effective in recovering debts on behalf of creditors.

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are there any fees involved yet here...BA

 

 

another thought..

i hope this debt is greater than £600

because as its CCA related then HCEO aren't allowed to enforce?

 

 

dx

Edited by Andyorch
edited

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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ah just answered that myself from my notes...

 

The Claimant:

If you have a debt of between £600 and £5,000 (including court costs), you will seek a judgment in the county courtlink3.gif.

Once you have this, you then have a choice for enforcement between either

the County Court Bailiff

or the High Court Enforcement Officer (HCEO).

 

Debts below £600 can only be enforced by County Court Bailiffs.

 

Judgments for debts of £5,000 and over can only be enforced by an HCEO...but not if it a regulated CCA1974 debt

 

seems like this debt should never have gone to the bailiff

as cabot only ever deal in consumer [CCA regulated] debt?

 

something smells???

 

dx

Edited by Andyorch
edited

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Fishy fishy DX OP definitely needs to follow Ploddertoms previous advice, could be a CCJ for Statute Barred on an old credit card or mobile phone, possibly to previous address. That fits with Cabot's MO.

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ah just answered that myself from my notes...

 

 

The Claimant:

 

If you have a debt of between £600 and £5,000 (including court costs), you will seek a judgment in the county court.

 

Once you have this, you then have a choice for enforcement between either the County Court Bailiff or the High Court Enforcement Officer (HCEO).

 

Debts below £600 can only be enforced by County Court Bailiffs.

 

Judgments for debts of £5,000 and over can only be enforced by an HCEO.

 

But no debt can be enforced by either if it is CCA regulated

 

seems like this debt should never have gone to the bailiff as cabot only ever deal in consumer [CCA regulated] debt? something smells???

 

dx

 

DX101 The notes that you are using are incorrect.

 

If you have a debt up to the value of £5,000 it must be started in the County Court.

 

Once judgment has been obtained, a warrant can be requested and the claimant has a choice as to whether to use a County Court Bailiff (civil servant) or a High Court Enforcement Officer (private sector).

 

If the debt is below £600 the judgment may only be enforced by a County Court Bailiff

 

If the debt is over £600 the judgment may be enforced either by a County Court Bailiff or a High Court Enforcement Officer but,...... restrictions apply........if the judgment relates to a debt under the Consumer Credit Act then it may only be enforced by a County Court Bailiff.

 

At present, High Court Enforcement Agents are not permitted to enforce judgments relating to claims under the Consumer Credit Act.

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Hi everyone, thank you so much for the input, and having a read through all of it, I can confirm...

 

Debt is to the tune of £621.26,

at this moment I have no idea who the original debt is from/to.

 

I have briefly discussed with SS about him signing up for a Noddle account

so we can see his credit history and maybe this will help,

 

also I will enocurage him to contact Cabot,

at some point next week to re-send any documentation regarding the debt

(is there anything we should specifically ask for?)

and hopefully this will shed some more light on what and where this has come from.

 

He says he thinks it was from a credit card,

but as he started a regime of ignoring letters he did not like the look of

I am pretty sure they went into the trash, so currently have no records of anything...

 

I have spoken to him about paying the debt,

and any other little secret debts he has been hiding!,

and he agreed that once we get some more info

and know where this debt came from,

we will formulate a plan,

 

he can maybe give me the funds when he gets paid I will pay them for him

to make sure they get paid and he cant decide hes going to ignore it that month...

 

With regards to the Bailiff,

its good to know he has no power to gain entry without an invite,

and I can tell you all,

after relaying some of this stuff to the missus

she is somewhat calmer and less stressed about the whole thing.

 

as soon as I know more I will drop by and report back...

 

Best wishes

 

mrbrooks

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well I wouldnt rush to contact cabot.

 

you'll probably find out you can sign up to noddle for him?

if you know his details it might be better and quicker

 

do you now know the CCJ number?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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check http://www.clearscore.com as well, sometimes has different info to noddle

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Hi dx100 and martin2006, I have a case number and a warrant number shown on the Notice Of Visit By Bailiff, would either of these be what we are looking for? Like I say, I know nothing, becase he just throws them out.

 

And though I agree it would be quicker for me to sign up with Noddle, to be honest, and this may seem a bit cruel, I think its time he realised he cannot just ignore things cos he doesnt like them or cant be bothered, and though I will help where I can, I was, and still am, looking to arm mysef with some knowledge, this way I can advise him, but I don't think doing it for him will actually help his attitude, because he will learn nothing, and just think he can carry on being a bit of d!ck and next time the poo hits the fan that I will sort it out for him, and I wont.

 

He needs to learn that there a consequences and these consequences are a direct result of his own choices and attitudes and therefore he has to bear all of the responsibility for those choices and consequences...

 

If he refuses to do so and thinks he can just carry on regardless, and I end up having to deal with the bailiff on the doorstep over the next few weeks, I will simply tell him, he has one more chance to get it sorted, and afer that I will let the bailiff in to take away his tv, xbox, computer, whatever he likes...

 

I want to help him to help himself and offer guidance where I can but I also feel he needs a bit of a reality check...

 

Anyway thanks everyone so far, I feel a lot more able to deal with the bailiff now and will try to convince SS to get on with things...

 

best wishes to all...

 

mrbrooks

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