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    • Different statements. One has “at 59 mph overtaking on the approach” and the other “it was overtaking on the approach and in ....... at 49 mph”. So not the same statement (same ethos, different sentence structure).   perhaps they chose that site for the officer because it is an accident hotspot, and they know people do dodgy overtakes (while speeding) there .....??  
    • Hi.   I've moved your thread to the Bailiffs forum. People should be along to advise later.   HB
    • So a little update;   Of the 6 letters I sent 3 were acknowledged. One accepting £1/month for now and two from the same creditor trading under different names asking for full I&E which I haven't done.   In a moment of madness I managed to depsoit 5k to a gambling site I didn't have due to paypal's crazy policy of allowing payments which are to be collected by direct debit after a couple of days to gambling sites! Mad they allow this but this will show as a negative paypal balance (in a different account to the original "debt"). The first paypal -£5k account has been closed and passed to a DCA now. I have ignored them.   My council has appeared to have stepped up their collection efforts for £2.5k in alleged housing benefit overpayment from 2015/16. I have acknowledged their letters over the past 3 years each time by email but they rarely respond to my pleas. I truly think if there was overpayment then it was for less than half the amount they claim. At the time I didn't think I was being overpaid because I wasn't really working but I had stopped claiming JSA/ESA (and told them as much) but earned a couple of hundred pounds a month from sporadic work.   Also what I thought was a dormant debt from 2016 to Halifax has been actually sold ( to caboot? I think. Hard to keep track of everyone)   I've been getting phone calls daily but ignoring them for the most part. I did request all communication in writing in my original letters.   I feel incapable of dealing with these creditors and whilst initially I was feeling that I would be happy to just ignore all the letters (arreas, defaults and the like) and phone calls for an indefinite amount of time and  hope to make it 6 years to statute barred-ness and accept or defend any CCJ attempts that did arrive. I figured that avoiding these creditors for 3 months so far is 5% of the way there to statute barred! But I figre for these fairly sizeable amounts they probably won't all let it go and I will get some CCJ docs (never had to deal with that) However now my mood and thinking has changed.    I am looking again at insolvency. I'm over the DRO limit now so its BR or nothing. I was wondering why you said to not consider this and it would be stupid @dx100uk? Although shirking my debts/responsibilities it does seem like an "easy" way out at the moment. It would be so nice to know that what's done is done and to be able to draw a line in the sand and start again in a year or so and not have to avoid creditors or worry about what's coming next...   It certainly would help the environment what with the amount of letters that are arriving already(!) considering the first payment I missed was october/november (excluding the old halifax and council debts). I am exordinately stressed about it now even though I thought I would be already . Any advice would be great if it was to get my head out of the sand and contact people/do the ignoring thing and seeing what happens/reasons  to do or not to do bankruptcy for these unsecured debts?   Thanks      
    • Hi everybody   Had a knock on my door and was confronted by either a Bailiff or enforcement agent (not sure about the specific job title). When I opened the door he stuck his foot in so I couldn't close the door. I was video taping him so I took a few steps backward (to get him in shot) and he just fully entered the property despite me saying that I was denying him entry and he refused to leave thereafter.   Turns out that he was there to collect a court issued fine. I think from a Magistrates Court. He worked for this outfit:   www.marstonholdings.co.uk   The reason for the fine was something to do with "driving without car insurance". Now I had a cheap car a few years ago but it broke down and would cost more to fix than it was actually worth. So I sold the car for scrap and cancelled the insurance. Turns out you have to inform the DVLA when you scrap a car and them that it is no longer on the road (I was unaware). So this was the circumstances of the visit.   My question is did he have the lawful right to enter the property? I always thought these people were like vampires i.e. they can only come in if you invite them in.   tia Bear  
    • oppss again then if its the same person.   knows the road well so should know what the speeds are and where they apply..      
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stuscfc1883

Unknown Marlin CCJ RE:Barclaycard 'debt' - help set aside

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Morning Caggers,

 

time i dealt with this issue . .

 

. during my move to my current address, some 130 miles from my home town,

I had been served papers at my previous address without my knowledge

and only after being informed by Talk Talk of the hacking

that it would be prudent to check my credit rating that I saw the default CCJ against my name.

 

It has now been moved to my local court for enforcement

, however on speaking to them I can try to get this set aside . .

. i have tried to do this previously and it was rejected, but i forget why :!:

 

They are sending me the relevant forms to fill in etc

due to my low income they say it may be possible that the fee could be waived . .

. that aside,

 

i'm just wanting to start this ball rolling to defend the claim . .

. I have the contact details of the solicitors who pursued the claim on behalf of Marlin Capital,

should I ring them for the case details??

 

thanks for any help in advance guys . . .

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Start doing everything in writing.

 

Call the claimant's and tell them that you haven't received any court papers – tell them why and tell them that you don't know what the claim is about and that you will be applying for a setaside. Ask them if they will send you copies of everything that they have all whether they will require that you serve them with an SAR. Then follow this phone call up with a letter confirming everything that you have said – and also anything which they have said on the phone. If you can do things by means of email then that will be better because it will be quicker.

 

Also, contact the court and tell them that you have no knowledge of the claim and that you will be applying for a set-aside and asked them also for copies of all the documents that they have. Write to the court and explain to them that you are applying for a set-aside and asked them to hold off on any enforcement proceedings. This may not make any difference – but at least you get it all down on paper.

 

Although you didn't know about the claim against you, do you know anything about the debt which has been alleged against you?

 

The basis for a set-aside is that you didn't receive the court papers and also that if you are permitted to file a defence, that you stand a chance of success if the matter goes to trial.

 

How long ago was the claim made and how long ago was the judgement entered against you?


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, however on speaking to them I can try to get this set aside . .

. i have tried to do this previously and it was rejected, but i forget why :!:

 

 

How far did you get in your previous set-aside application, and when?

 

Any application for set aside must be made "promptly", and if a court received a previous set-aside application and declined it, if a further application wasn't made 'promptly' that could be grounds to reject a further (later) application.

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I spoke to the original court, maybe the northampton business court, i forget now,

but they told me to speak to the solicitors of the claimant to get it set aside,

when I did they of course sent me packing . .

 

 

. so being given the wrong info from the courts has left me sitting on this . .

 

 

. i've had a DCA to fight too, which thanks to CAG has been Stayed,

so on to the next issue which was this . .

. now i've got proper info of what and where to direct my appeal, so i'm hoping it's ok . . .

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what was the original debt all about please?


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

 

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I have received the paperwork from the courts to apply to set this aside, so i'll go through that today and list any questions I may have later . . .

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You could of downloaded CAGS copy stu and completed it on screen instead of waiting for the courts...

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?406095-LEGAL-N244-Application-Notice-**Correct-as-at-Sept-2015**

 

Andy


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thanks andy,

need to that sharpish as a bailiff has been round to the house

and now i've received a 'document for service'

letter asking me to get in touch with them .

 

 

. . i've half filled in the forms to set aside the case,

but got lost with all the jargon,

 

 

clearly I need to move fast to stop this if at all possible . . .

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court bailiff are your friends - nothing to worry about

 

but you MUST simply inform them you are applying for a set aside.

 

you mean you've had a warrant of execution I take it?

 

 

dx


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

 

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i'm guessing it's the warrant they're wanting to serve me, this is a letter saying 'don't ignore' etc from the court and tribunal service . . .

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ring them as advised


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

 

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