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    • i would suggest that you stick to researching on here only. use our search top right for say CTAX or liability order.   you seriously have some wild theories, but those are understandable.   as i have said, there won't be a court hearing you need nor would that help you at all nor are expected to attend, it's not like that, it's merely a rubberstamp exercise .   there is no right of forced entry for bailiffs collecting CTAX debts. the bailiff process is one of a letter which will be entitled Notice of enforcement, this gives you 7 days to pay the sum it outlines with an associated fee of £75 for it being sent. the 2nd step will be a visit, you have no legal remit to engage with them at all, i i would not do so under any circumstances, that visit will add a further £235 fee those are the only things a bailiff can do. the most they can charge is a total of £310.   police do not ever get involved in civil matters like CTAX debt. not sure where you ever got that idea from.   its saturday now so use the W/end wisely, get reading up HERE ONLY it might well pay you on monday to go RING the council CTAX dept and plead poverty etc etc. it might also pay you to find the email address or even better phone number of your local MP and get him involved. they can do wonders.   dx 
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    • Hi Stu and dx1000uk,   I have done the online assessment and as I suspected I already receive the maximum benefits available to me.   Yes I was referring to the fact that some times I know that non-payment of council tax can lead to imprisonment so thanks for clarifying.   let's say I can't make their demands for payment and they do send bailiffs in, I assume these are the type of bailiffs I can just not let in and then after a certain amount of attempts they give up right? does the council then not send the police round? This is what I can't work out and worries me.   The council already know that I am struggling and can't make the payments but when do I get my chance to tell a court or the police that it's not that I don't want to pay but that I can't pay?    Walshy
    • Hi Stu and dx1000uk,   I have done the online assessment and as I suspected I already receive the maximum benefits available ot me. Yes I was referring to the fact that some times I know that non-payment of council tax can lead to imprisonment so thanks for clarifying. But let's say I can't make their demands for payment and they do send bailiffs in, I assume these are the type of bailiffs I can just not let in and then after a certain amount of attempts they give up right? But does the council then not send the police round? This is what I can't work out and worries me. The council already know that I am struggling and can't make the payments but when do I get my chance to tell a court or the police that it's not that I don't want to pay but that I can't pay?    Walshy
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I received a notice of issue of warrant of control letter on 21st July.

 

I states that I have until 26th July to pay the amount on the letter or bailiffs will be coming to my house to seize and sell goods.

 

Of course I am panicking about this as I don't want bailiffs coming to my home.

 

I am currently on ESA benefits and cannot afford to pay what they are asking.

And they have only given me 5 days to do so!

 

I have been speaking with the creditor Lowell and I arranged to set up a monthly payment plan.

However the amount they set was too high as like I said I am on benefits, so they asked me to fill out an expenditure form to show how much I could afford.

 

I emailed this to them and heard nothing back.

And forgot about it to be honest.

 

The next thing is I receive this letter!

Please help!

Any advice is appreciated.

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Hi welcome to CAG, could you give us a history of the debt please; was it prior to 2007 have you moved house since incurring the debt, and who was the Original Creditor? When did Lowell issue a claimform and did you defend?

 

Answering these questions will help the team frame the best advice for the circumstances.

 

There is no right of forced entry for a CCJ, so you don't have to let a bailiff in, if there is no car outside then there is little they can do.

We could do with some help from you.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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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 assume this was a forthwith judgment and no option to pay monthly ?

 

You shouldn't have rang Lowell to try to agree a payment plan...but submit a form N245 to the court to vary the forthwith to monthly affordable payments....you can also stay the execution (Bailiff) using the same form.

 

Fee is £50 but you should be exempt from fees.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?406098-LEGAL-N245-Application-for-suspension-vary-an-order-**Correct-as-at-Feb-2017**

 

https://formfinder.hmctsformfinder.justice.gov.uk/n244-eng.pdf

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?406096-LEGAL-EX160-160A-Court-Fees-are-you-exempt.-**Correct-as-at-April-2016**

 

Regards

 

Andy

We could do with some help from you.

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Hi welcome to CAG, could you give us a history of the debt please; was it prior to 2007 have you moved house since incurring the debt, and who was the Original Creditor? When did Lowell issue a claimform and did you defend?

 

Answering these questions will help the team frame the best advice for the circumstances.

 

There is no right of forced entry for a CCJ, so you don't have to let a bailiff in, if there is no car outside then there is little they can do.

 

The debt was a credit card from capital one back in 2008.

haven't moved house in that time.

think I have a claim form which was sent to me in 2015.

didn't respond.

 

 

when I received the ccj I was ordered to pay £50 a month and as I cannot afford that I asked for a lower amount to be set.

I completed an expenditure form and then the next communication was this letter.

 

 

If I don't answer the door to the bailiffs are they going to keep coming back?

I also don't have a car but neighbours park their cars outside my house on my street.

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read posts 3 and its links

then do as post 4

its a court bailiff so in a way they are your friend.

simply ring and tell them you are doing as post 4.

 

 

who send you that I&E the court?

and you returned it to the court?

or was it lowells that sent it and you returned it there.

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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when I received the ccj I was ordered to pay £50 a month and as I cannot afford that I asked for a lower amount to be set. Who did you ask the court or Lowell ?

 

I completed an expenditure form and then the next communication was this letter. Whos expenditure form ...Lowells?

 

If the court set it at £50 a month you should have contacted the court and requested a redetermination

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

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The income and expenditure form was with Lowell themselves.

 

Okay well now you will have to submit an n244 and ask for a redetermination.....you can also submit the n245 and stay the warrant.

 

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

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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totally useless then toward the judgement.

 

they spoofed you to get a default judgement...

 

who told you to fill those out and not defend the case?

 

 

follow andy's guidance.

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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when I received the ccj I was ordered to pay £50 a month and as I cannot afford that I asked for a lower amount to be set. Who did you ask the court or Lowell ?

I completed an expenditure form and then the next communication was this letter. Whos expenditure form ...Lowells?

 

If the court set it at £50 a month you should have contacted the court and requested a redetermination

Well after I completed the income And expenditure form from Lowell

they sent another letter titled confirmation of arrangement to pay your ccj to me saying a new amount of £40 had been set and my first payment was due 05/07/2017

 

 

however this was still too high and I contacted Lowell again and they asked for more details on my finances.

Then I heard nothing else until this letter

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Did the court judgment set the £50 per month.....if you could answer this one question..as it will affect what advise we offer.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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I have a judgement for claimant letter dated 18 June 2015 which states that I have to pay the claimant a total of £465.94 in instalments of £50 per month.

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you should have replied to the court with your offer not lowells.

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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Well there was nothing on the letter about not being able to afford that amount.

 

 

hence why I contacted Lowell as the debt was with them I thought they could advise.

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you got spoofed

 

you should always contact the court directly

 

the judge is in charge here not some powerless DCA.

they are not bailiffs....

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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If I'd have paid the £40 as agreed by Lowell would the bailiffs still be coming?

So do I still go ahead submitting the form? The forms aren't going to get there before Wednesday before the bailiff says they are coming.

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Beckz,

 

When Judgments are obtained, payment is either a forthwith order meaning that the total amount is due within a set number of days or alternatively, repayment is ordered by way of monthly payments. In your case, you were fortunate in that the court ordered monthly repayments. You contacted Lowell who agreed to accept a lower sum but even that figure of #40 per month was too much.

 

I would suggest that this morning you contact Lowell and explain the difficulty that you have in paying and ask whether they will agree to accept a lower sum. If they agree, then that is fine and the court will be notified accordingly. If they are not willing to accept the lower figure, it is for you to apply to the court on the N245 to have the judgment varied. Andy has provided details of the procedure above. Given that you are receiving ESA, I would assume that you would be exempt from paying the court fee.

 

You must call Lowell this morning. Please post back once you have done so.

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I received a notice of issue of warrant of control letter on 21st July.

 

I states that I have until 26th July to pay the amount on the letter or bailiffs will be coming to my house to seize and sell goods.

 

What is the date on the notice?

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It says on the letter - Unless you pay the amount due to the county court before 26th July 2017 the bailiff will call and may remove your goods for sale at public auction. This may mean that you will have to pay further costs.

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It says dated 19th July 2017

 

Thank you Beckz,

 

In that case, the letter is correct. The courts provided that the once the warrant has been issued and passed to the Bailiff Manager, the Notice of Issue of Warrant must be sent and the date for payment is 7 days (not clear days) from issue date.

 

Please contact Lowell or submit the N245 application asap because; HMCourt rules specifically provide that the County Court bailiff MUST visit within 15 working days of receiving the warrant ( which should be 25 days from the issue date of the warrant).

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I am receiving esa benefits because I have epilepsy, and one of the major triggers for me is stress. And I also suffer from severe anxiety. Do I mention that to them?

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Yes - You should mention this to them. It will not stop the bailiff visiting but it may well impact on his approach to recovering the debt. it may also help in persuading Lowell to accept your offer of repayment at a lower rate.

 

You obviously have not had many dealings with Lowell they would sell you grandmother for a £100 judgment to recoup payment.......submit an n244 and ask for a redetermination of the judgment amount £50...whether you wish to submit the n245 also to stay the Warrant is your choice for good measure.

 

This way the Court controls the monthly payment...not the DCA

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

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