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Today I have received a Issue of warrant of control for debt to lowell from the courts

,it states a baliff will to remove goods call unless full payment is made by 22nd jan .

 

I admit I have left this spiral out of control , but need advise please .

 

 

I am a full time carer for my wife who has severe mental health problems/suicidal thoughts and multiple physical disabilities .

 

 

Also my son who has severe autism has been having fits and I have been so worried about both my wife and my son and also suffering dizziness and anxiety myself have left this go ,

 

I did receive a claim form back in april ,

then in july was ordered to pay instalments of £50 a month ,

 

 

however my financial situation is that my wife claims employment support Allowance and is in the support group ,

she claims Personal Independence payment , the mobility payment being paid for her motability car )

 

the only income in my own name is £62 a week carers allowance,

 

 

also back in January last year a budget sheet was compiled when contacting the national debt helpline of our finaces and we had more outgoings than income .

 

The £50 a week set by the court has not been paid and I have buried my head in the sand so to speak due to all going on with my wife's mental health , and my sons fits

,now Ive made matters worse receiving the Warrant of Control .

 

I havnt got the money to pay , and I cant allow balliffs in and this would cause my wife distress ,

and as she is prone to suicide attempts .

 

 

Also severe anxiety disorder .ongoing depression and is on a lot of medication. , constant tremors

 

Any advise please ,

 

 

I have alot of documented evidence of my wifes mental health from health care professionals .

 

kind regards

Edited by dx100uk

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How much is the CCJ for

 

Can I also reassure you that you are not under any obligation to allow the bailiff into your property and given the almost obvious 'vulnerability', I would certainly not recommend that you do so.

 

This debt will not be enforced by a private sector enforcement agent. It may only be enforced by a County Court bailiff.

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50% of her ESA is yours its a joint claim.

 

but anyway.

 

its for a CCJ to a debt buyer

what was the original debt

from whom

and what type of credit was it.

 

a court bailiff is your friend in a way.

he wont want too but cant anyway, force entry.

 

shame you didn't defend the claim and come here earlier

we could have probably beaten lowells


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Thank you for replying

its a catalogue debt for JD Williams ,

initial debt before costs was 253.57 before costs, now £328

 

it says £350.37

 

Thank you for your reply ,

so it will be a county court judge that will attend after the 22nd January ?

as I cant pay it ,

ive tried to borrow but nobody can help

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no a judge wont attend your home

a bailiff would, but as said, it would be a court bailiff and they are not out to make things worse

not like the shows you see on TV.

 

 

however you need to do 'something' before that date.

which I take it is the deadline from that letter.?

 

 

you need to setup a realistic payment plan via form N245 [even £1PCM will do]

or

using the N244 form set it aside but that's £255

and you 'll also need a defence for the org claimform


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you need to setup a realistic payment plan [even £1PCM will do]

or

using the N244 form set it aside but that's £255 and you 'll also need a defence for the org claimform

 

There is no basis to get this judgment set aside and instead, an N245 needs to be submitted to get the current repayment rate (of £50 per month) varied.

 

https://formfinder.hmctsformfinder.justice.gov.uk/n245-eng.pdf

 

Given the families financial circumstances, I would suggest that they look through the EX160 to see if they will be exempt from paying the court fee.

 

https://formfinder.hmctsformfinder.justice.gov.uk/ex160-eng.pdf

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well we don't know yet

my full post also said:

and you 'll also need a defence for the org claimformlink3.gif

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?473664-warrant-of-control


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warrant of control was dated 13th january ,

says payment due to the court before the 22nd january .

 

what does a defence for the org mean please ?

 

I dont recall owing this debt to JD Williams ,

would Lowell have a copy of this account , contract and payments made in past ?

 

would they have to submit this to the courts ?

 

I know its from JD as Lowells Solicitrors letters to me about the missed £50 payments states the original company name as JD Williams

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ok we have a wee bit of time as its the w/end to get some background info from you

but you must action what the more knowledgeable ones advise on Monday morning.

 

you indicate you don't actually know what this debt is?

 

did you even have a catalogue account?

when did you first order from them?

when did yo last pay them?

 

its not outside the realms of thruth to say that its quite usual for the catalogue company to rack up £240 in reclaimable penalty charges

that are unlawful [if they did this for just 10mts £12 late fee + £12 Missed payment fee each month, that equals £240..

I've know cat companies to allow an account to run unpaid for several years and them adding £24 each month

then default you and sell it on to a DCa like lowells]

 

it could be worthy for you to go get your credit file from say noddle or clearscore

this might give you more info about the debt that you've forgotten about.

 

then comeback and answer the issues I've pointed to in this post

the more you can tell us about this debt the better


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I have accessed noddle , debt is catalogue Fashionworld , JD Williams debt originally£ 234, now £429 with all fees , solicitors ,court fees etc . It was the JD Williams that threw me ,forgot about fashionworld

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Telephoned the courts this morning ,

I didn't phone until 11am , and was told I needed to contact the bailiff office as the court doesn't just send out the forms ,

 

the bailiff office only opens 9 am - 10.30 am , I

 

didn't realise this ,

 

so will have to ring bailiff office in the morning .

 

Can they remove motability vehicles ?

 

I dont own the car ,motability do ,I just lease it

 

 

,thank you

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There is no basis to get this judgment set aside and instead, an N245 needs to be submitted to get the current repayment rate (of £50 per month) varied.

 

https://formfinder.hmctsformfinder.justice.gov.uk/n245-eng.pdf

 

Given the families financial circumstances, I would suggest that they look through the EX160 to see if they will be exempt from paying the court fee.

 

https://formfinder.hmctsformfinder.justice.gov.uk/ex160-eng.pdf

 

You can only submit an application to vary (N245 ) if its a Forthwith Judgment BA..which this isn't as its already set at £50 per month by the Judgment Order...you have to make an application for a redetermination (n244) without hearing

 

Andy


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You can only submit an application to vary (N245 ) if its a Forthwith Judgment BA..which this isn't as its already set at £50 per month by the Judgment Order...you have to make an application for a redetermination (n244) without hearing

 

Andy

 

The application order? looking through the form,im confused what I need to write

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The application order? looking through the form,im confused what I need to write

 

What do you wish to do ? Redetermination or set a side ?

 

Or do you wish to stay the Warrant ?


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Its strange I have been through all my letters and only letters off lowell for this case are from lowell solicitors informing me of this

 

" as you are we represent lowell portfolio and we have issued proceedings against you in the form of a county court judgement which you failed to respond to propsal of payment or a reason why debt is disputed ,

 

this letter however prior to the lowell solicitors letters i have dated the first one on may 15th 2016 ,

 

i had no prior correspondence off lowell informing me they now have the catalogue debt .

 

this letter dated 13th may 2016 gave me until the 23rd to respond , 10 days from date of letter ,not taking into account a few days it took to reach me in post ,

 

then the weekend , gave me about 4 days to respond .

 

legal proceedings were nearly on top of me before I had any chance to even negotiate with lowell portfolio

,as I was never given the chance as I was not made aware the debt had been sold on to lowell portfolio until receipt of the lowell solicitors letter of the 13th may

 

Should i ask for it to be set aside on this ?

 

Also this letter has already added fees as the principal debt was £234, and on this first letter was £328

 

sorry should of read the first letter dated 13th may,not 15th

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Its strange I have been through all my letters and only letters off lowell for this case are from lowell solicitors informing me of this

 

" as you are we represent lowell portfolio and we have issued proceedings against you in the form of a county court judgement which you failed to respond to propsal of payment or a reason why debt is disputed ,

 

this letter however prior to the lowell solicitors letters i have dated the first one on may 15th 2016 ,

 

i had no prior correspondence off lowell informing me they now have the catalogue debt .

 

this letter dated 13th may 2016 gave me until the 23rd to respond , 10 days from date of letter ,not taking into account a few days it took to reach me in post ,

 

First thing first......please be reassured that the bailiff who may attend your property will be a County Court bailiff and not a private sector bailiff (such as those working for Marston Group, Rossendales, Equita, Jacobs, Newlyn's etc). The difference between the two, is that a private sector bailiff's salary is mainly made up of commission from payments that he collects. A County Court bailiff is not reliant upon commission and therefore is much more approachable. That said....it must be remembered that in both cases......they are working on behalf of the creditor to collect the money owed to them.

 

Secondly, you have a great deal on your plate to deal with on a daily basis....(you are a full time carer for your wife who has severe mental health problems and in addition, your son has severe autism).

 

My concern, is that I do not think that you will succeed with an application to 'set aside' this judgment......although you will likely succeed with an N244 application for a redetermination (as outlined by Andy).

 

Courts are becoming really harsh with 'set aside' applications and the general principle is that a 'set aside' will only succeed if you can demonstrate that you have a good defence to the debt. Secondly, courts expect these applications to made as soon as you are aware of the judgment.

 

I have carefully read back all of your posts and I can see in your initial post that you said this:

 

I did receive a claim form back in April ,

 

 

Then in July was ordered to pay instalments of £50 a month.

As you can see, and by your own admission, you received the Claim Form back in April and in July, you received a letter from the court ordering you to pay instalments of £50 per month.

 

My personal opinion is that you should put ideas of 'setting aside' the judgment to one side.

 

What you should be doing is speaking with the bailiffs office. Outline as briefly as possible your family circumstances and explain that you are considering applying to the court to have the monthly payments lowered to a more affordable figure. He may possibly put enforcement of the warrant on hold for a short period of time to allow you to get the necessary forms into court.

 

Please post back as soon as you have spoken with the bailiffs office.

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Your Motability car should be safe, as it is not HP, and you never own the vehicle, and it is the CC bailiff involved; that said someone like Marstons or Jacobs can't take it on the Beneficial Interest malarkey, as it is exempt especially with a Blue Badge on display.


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Your Motability car should be safe, as it is not HP, and you never own the vehicle, and it is the CC bailiff involved; that said someone like Marstons or Jacobs can't take it on the Beneficial Interest malarkey, as it is exempt especially with a Blue Badge on display.

 

The regulations are very specific in that as long as the vehicle is displaying a valid Blue Badge, it will be considered an exempt item Therefore, it cannot be seized by a bailiff.

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The regulations are very specific in that as long as the vehicle is displaying a valid Blue Badge, it will be considered an exempt item Therefore, it cannot be seized by a bailiff.

Can they try the Beneficial interest argument on Motability? wouldn't happen in Op's case as is CC bailiff.


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Can they try the Beneficial interest argument on Motability? wouldn't happen in Op's case as is CC bailiff.

 

As strange as it may seem, County Court bailiffs are governed by completely different fees scales and even retain the name 'Bailiff' (as opposed to Enforcement Agent). I would not for one minute consider that a County Court bailiff would ever dream of seizing a Motability Vehicle. I am sure that their Code of Practice (which I have a copy of) prohibits Motability Vehicles.

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Motability vehicle are all leased so never belong to the person. DVLA records may reveal the name & address of the hirer but are listed similar to this:

 

Mrs AN Other

Motability Finance

10 The Street

Anytown

 

So it should be clear to anyone making a due diligence search of the vehicle that it belongs to Motability and not the named person. However any hirer attracting excess PCNs may be at risk of having their lease terminated.


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There is where most of the problems lie PT Due diligence it does not happen in a lot of cases

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There is where most of the problems lie PT Due diligence it does not happen in a lot of cases

 

 

Where this happens it is an open & shut case and they deserve all get if a complaint is made. The whole procedures surrounding enforcement need tightening up with regards to proof, but I doubt the MOJ/Government are not bothered.


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Where this happens it is an open & shut case and they deserve all get if a complaint is made. The whole procedures surrounding enforcement need tightening up with regards to proof, but I doubt the MOJ/Government are not bothered.

They will only bother when a bailiff relies on Beneficial Interest and takes and sells a Motability car where the BB has "accidently" fallen off the dash.


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