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unknown hoist CCJ - now court bailiff and warrant of control

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Hi

 

On the 13th of September I received a 'notice of issue of warrant of control' from 'the county court at sheffield.'

 

I have no idea where this debt has come from and have no idea who 'hoist portfolio' are.

 

The amount in question is for £3,637.98.

 

The letter states that if I don't make the full payment by the 24th of September bailiffs will call and remove goods.

 

I work away most of the time and really don't want my family being hassled.

 

This is really playing on my mind and any advice would be much appreciated.

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Sounds like you have got a CCJ, you don't know about. The court claim might have gone to an old address.

 

You need to find out the details of the CCJ from the court. If you phone them, they will be able to provide details. E.g date of CCJ, particulars of the claim which should reveal who the original creditors were. Hoist just buy debts and chase them.

 

Armed with the CCJ details you can decide what to do e.g apply to set aside the CCJ, apply to pay by affordable instalments.

 

County Court bailiffs have no rights of entry to your house. You should not let them into your house, as they will then list goods to take control and ask you to agree to a payment arrangement, which if you broke could lead to your goods being taken and sold. Best to find out the CCJ details tomorrow and come back here for more advice.


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simply contact the bailiff and explain you have no idea about what the CCJ is for as everything was sent to an old address

tell him you are going to get this set aside

they'll leave everyone alone then.

 

a court bailiff in not on commission so is not doing this to gain 'fees' to his pocket

they are employed by the court themselves.

 

get the setaside running everything should then reset

but ring the bailiff and tell them.


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sorry internet is rather poor here tonight

 

go get your credit file that should tell you what the debt is all about

then comeback here

 

lets get the info first as it might just be the claimant might agree to set aside without you having to waste £255 on a set aside

the court should call off the bailiff when you ring them if you indicate you are going for a set aside too if you are lucky


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If infact the CCJ turns out to be genuine...and you do recall the debt after further investigation......and you do not have grounds to set a side the judgment...you should submit form N245 (fee is £50) ...stay the enforcement action and offer a monthly proposal for payment...time is of the essence.

 

Regards

 

Andy


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thanks andy

 

 

 

 

dx


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Hello all

 

I have more information regarding the debt.

 

I rang up Northampton county court and was told a ccj was put in place in March 2014. The original creditor is barclaycard.

 

I have also been on experian to try to get more info on payments to barclaycard but it's not very clear when I made the last payment to them. It seems the debt has been sold on a few times.

 

The default date stated on experian is 26/09/2012

 

Would it be an idea to contact the telephone numbers on the letter sent to me by Sheffield county court? Or am I best of ringing the local office number? I don't really want to speak to a bailiff if I can help it but will if it's recommended.

 

Thanks for all your help 👍

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Go ring BC and ask last payment

 

There's no harm in ring the bailiffs

Court bailiffs are your friend in a way

They are not nasty

 

So I gather the ccj was filed to an old address??

Did you mention set aside yet?


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Hi

 

I'll ring barclaycard today and find out.

 

I'll also get in touch with the bailiff at some point. I just hope they are not unreasonable. I've had a bad experience with a bailiff many moons ago so don't have much time for them.

 

As for setting aside. I don't hold much hope with that as the debt is genuine and I do owe barclaycard the money. I just thought after no contact for 4/5 years they'd gone away!!

 

Do you have any advice on what to say to the bailiff please?

 

I'd be more than happy to set up some kind of monthly instalment but I've got a feeling that won't be an option and they'll want it all.

 

I don't have it to give it to them. 😞

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then post 5 is your best bet

as this is a court bailiff he'll not pressure you into anything.

you might have had ctax bailiffs before ..dif lot.

 

 

when did you take the card out

do you know?

credit file might tell you?


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Thanks dx

 

Your right! I once had the unfortunate experience of dealing with a council tax bailiff. Horrible people!!

 

This barclaycard account was opened on 7/6/2005

 

I've found it impossible to find out when I last made any payments to them though.

 

There's a good chance that I have made payments years ago to a DCA but I just can't remember that far back.

 

You mentioned to follow the advice in post 5. I'm afraid I don't really understand what to do.

 

Is it possible I could ring up one of two mobile numbers on the warrant and strike some kind of an arrangement with the bailiff?

 

Is that the best course of action you think?

 

Just worried they're going to say no and tell me they want the full amount by Saturday. That's the date they want it sorting by.

 

Thanks again for your advice. It really does mean a lot 👍

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no the bailiff wont do that..

 

but anyway

getting late in the day again now.

 

go ring Barclaycard and ask please

its better to get the info from the OC rather than anywhere else.

that IMHO will as andy states dictates your next move.

no good keep faffin around till we know.

 

 

dx


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Just rang barclaycard and got this info.

 

Default Balance - £3475.98

 

Last payment made to barclaycard - 19/12/2011

 

Default put in place - 26/9/2012

 

Debt sold to MKDP - 5/9/2013

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so look like its not statute barred

 

then as post 5 sadly

 

here is the variation order

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?406098-LEGAL-N245-Application-for-suspension-vary-an-order-**Correct-as-at-Sept-2015**


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A little update....

 

Rang the bailiff earlier today and explained the situation. He was very reasonable as you said he would be.

 

The line was very bad and I missed most of what he said but he's sending me a form out and I'm quessing it'll be a suspension form.

 

All being well they'll accept a certain amount per month and I can get this sorted.

 

Thanks for all your help. It really is very much appreciated 👍

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let us know what this form is please before you do anything with it.

 

 

dx


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Yes I will of course. Said they'd be with me in a week or so.

 

I'll get back in touch when they arrive

 

Thanks

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Yep same as we thought post 5 onwards


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hows this going?


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