FeDex CCJ Removal - CEO ignoring letters and Customer Service Dept refusing to help!!

[johealey]

I appreciate there is nothing I can do until Monday,

just typical that once I felt like I was getting somewhere and getting this resolved and sorted,

I come home to the shock of my life with an increased debt to now pay.

 

I will give the Courts a call on Monday

- can you tell me what they could achieve for me?

Would they warn of the HCEO and give me some time to get this sorted?

 

As you can tell this is really new to me.

I even ended up phoning a Bailiff Support Company this evening

and have taken all my information and will call me back tomorrow.

 

There is absolutely no way I can pay this,

I am a single parent and do not have that kind of money lying around.

I have supporting documentation for a set aside

and I assume I can talk to the Court about this as well?

 

My panic is that this has to be stopped by Wednesday,

it doesn't give a time so I guess if they haven't been warned off then to expect a visit on Thursday?

 

I know I should have phoned the Court,

 

I thought I was doing everything right in trying to get copies of the invoices,

providing evidence of regular weekly payments,

 

ensuring contact was made with all parties etc.,

 

sending letters Recorded.

 

Guess I failed on that part.

[dx100uk]

hey no sweat

[johealey]

Can you answer my bit about the Court in the previous post please? Thanks

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?262390-Bailiff-called-yesterday-N244-N245

 

I even ended up phoning a Bailiff Support Company this evening

and have taken all my information and will call me back tomorrow.

 

I hope they were not a fee paying advice company

if so cancel now

they are no better than cag.

[johealey]

Thank you.

 

I have read it through but will read again tomorrow, been a very stressful day today.

 

I did send the N245 form to the HCEO but I am guessing they are not interested and I needed to send that to the Court?

 

I even ended up phoning a Bailiff Support Company this evening

and have taken all my information and will call me back tomorrow.

 

I hope they were not a fee paying advice company

if so cancel now

they are no better than cag.

 

No it was a Freephone number and free advice. Was in panic mode and didn't know where to turn.

[Bailiff Advice]

The letter states:

 

 

Removal of Assets will now take place with or without your presence and where necessary an application will be made to the Court under Paragraph 15, Schedule 12,

Tribunals Courts and Enforcements Act 2007 for Authority to enter your premises with the aid of a locksmith.

 

Where applicable, any additional court costs and attendance fees will be added to the amount due under the Writ.

 

Can I just make the point very clear that the enforcement agent cannot and will not force entry into your property. In order to obtain this exceptional provision, the enforcement company would first have to make an application to court (under paragraph 15 of Schedule 12). I cannot envisage such an application being made for a debt of around £1,000.

 

Goods from outside of your home could be taken and almost always, this would refer to a motor vehicle and this leads me onto my next question which is: do you have a vehicle outside of your home and if so, how much roughly is it worth. Also, is the vehicle on finance?

 

 

PS; With regards to the recent notice was left at your home, was a breakdown of fees provided?

[johealey]

Hi, thank you for getting back to me.

 

That is reassuring to know that they cannot break into my house. Yes there are two cars, one is my son's which is in his name and all paid for. The other is my car which is in my name and again all paid for.

My son's car is worth about £1500 and mine about [removed]

There was no breakdown of costs whatsoever, there was just a line that said as of today's date X is owed which included VAT.

 

I am really trying to sort this out and genuinely willing to pay the true cost of what is owed, but this should have never gone to HCEO had FedEx been allocating my payments correctly.

 

Both myself and my son need our cars to get to/from work though.

 

I have until 13th April to resolve this so any help/advice would be appreciated as this is making physically sick with worry.

 

I will be calling the Courts on Monday.

[honeybee13]

Hello Jo.

 

I have received your PM and have flagged your message for site team attention. You're in good hands with the forum guys.

 

HB

[johealey]

Hi HoneyBee13

 

Thank you much appreciated. I am now starting to worry about the cars, it seems never ending.

 

I just wanted this sorted and I appreciate the weekend doesn't help but at least I know you guys will help me all you can and it really is appreciated.

 

Thanks JO

[ploddertom]

Most important info you need for this weekend is that should you get a caller then regardless of anything they may say they do NOT have any automatic right of entry to your home.

 

However if there are any detached buildings on your site

- garage, workshop etc then they may force entry to those if they believe they may contain goods that will satisfy the debt.

If you have a garage that is physically attched to your home then it would be best to put your car and any other valuables in there and LOCK the door.

 

The bit about them applying to force entry is true and does happen but is more reserved for those with a detached mansion with a Bentley on the drive.

Bailiff Advice is correct in saying that for a low value case like yours they will not take that step.

 

Your way forward on this

- particularly if you have proof of payments

- is to invite the Claimant to think again about the route they have taken & ask themselves for the CCJ to be Set Aside & Writ cancelled.

 

If they refuse

- which I suspect they will because they then become liable for the fees to date from the HCEO

- then politely inform them you will apply yourself and will ask for your costs in doing so.

 

Set Aside & a Stay may seem daunting as they are not quite straightforward but can provide a guide as how to do it.

[topcat1802]

Its not been mentioned yet. But it may also be worthwhile sending a SAR to FedEx to find out where your payments have been going!

[doggone it]

They should be able to answer that without an SAR - I would guess some form of Suspense Account pending allocation.

[johealey]

Hi,

just to update everyone since this post over 12 months ago.

 

FedEx put a HOLD on the HCE providing I agreed to pay the invoices and set up a standing order.

I think they realised that they were in the wrong when my weekly payments were not being allocated and they progressed with the HCE.

I have about £100 left to pay of the FedEx invoices

 

I do have one quick question please if someone could help.

 

I have obtained a copy of my credit file today, and I have 2 x CCJs which are in relation to the unpaid invoices which the HCE were chasing me for,

however one of these has been paid off, but they are not marked as settled on my credit file.

 

This is the email I received details below

- can someone advise as to whether the CCJs have been incorrectly placed against my credit file given they have said the court proceedings are on hold?

 

Also,

I have heard nothing from them since the payment plan was set up,

they never got in touch with me to discuss the next CCJ nor have I had any correspondence from them since April 2016

- for all they know I could have stopped making these payments and they wouldn't know a thing!

 

I do not want to be paying £255 for each CCJ to have these set aside when they were incorrectly charged against me in the first place due to their incompetence and not allocating the payments correctly BUT at the same time,

I want to get these removed.

 

Any advice would be greatly appreciated. Thanks

 

Thank you for your time on the telephone just now and the opportunity to discuss the outstanding accounts and the suggested payment plan.

 

As confirmed, the payment which you are currently making to Control account in the sum of £15.00 per week is being allocated to CA Account reference xxxxxx which is the account highlighted in lilac at the top of the table I sent to you in the earlier email (Fedex account number xxxxxxx).

I can confirm that the table shows this account as having a £64.98 debt but you have since paid a further total of £20.00 towards this, reducing the current balance to £44.98 (this £20.00 payment was made in the form of a £5.00 payment and a £15.00 payment, the latter being the payment you refer to in your email below).

As discussed, we have suggested that you continue to pay your standing order to Control account on the above reference and make no alterations as this will mean that this account is going to be paid off over the next 3 weeks.

Just to confirm – this account is NOT the subject of any court proceedings.

The accounts highlighted in yellow where the debt alone totals £572.93, ARE the subject of court proceedings and it is this action which is currently on hold with the HCEO.

The Claim number relative to the action is XxxXXxxx.

We have four separate Control account reference numbers for these accounts which are: xxxxxxx, xxxxxxx, xxxxxxx, xxxxxxx.

Again, as discussed, we have agreed that you will now arrange for a standing order to be set up with Control account for £15.00 per week, commencing 26th April 2016 towards this Court action and we will apply this to each of the four reference numbers captured within this case, clearing one reference number at a time.

Additionally, we have agreed that when your account with our Collections department is cleared in the very near future, you will contact your bank and will increase your standing order in respect of the case above to £30.00 per week to clear the balance quicker.

 

When your debt and the Court costs associated with the above court action are cleared, we will contact you to discuss your payments continuing but with them being applied towards the second lilac highlighted account which is also the subject of Court action which is currently on hold (Claim number XxxXXxxx).

Please note that in addition to the debt figures which appear in the table below, you will also be responsible for the payment of the costs which I listed in my email of the 18th April 2016 but providing that everything is cleared in accordance with our arrangement, the High Court Enforcement fees of £318.00 will be waived.

I set out below, our bank details for you to set up your new standing order and would advise that it is imperative that the Control account reference number of xxxxxxx is quoted on this transaction for the payments to be allocated correctly.

Edited July 20, 2017 by johealey
paragraphs missing

[Bailiff Advice]

Hi, just to update everyone since this post over 12 months ago. FedEx put a HOLD on the HCE providing I agreed to pay the invoices and set up a standing order. I think they realised that they were in the wrong when my weekly payments were not being allocated and they progressed with the HCE. I have about £100 left to pay of the FedEx invoices I do have one quick question please if someone could help.

 

I have obtained a copy of my credit file today, and I have 2 x CCJs which are in relation to the unpaid invoices which the HCE were chasing me for, however one of these has been paid off, but they are not marked as settled on my credit file. This is the email I received details below - can someone advise as to whether the CCJs have been incorrectly placed against my credit file given they have said the court proceedings are on hold?

 

Also, I have heard nothing from them since the payment plan was set up, they never got in touch with me to discuss the next CCJ nor have I had any correspondence from them since April 2016 - for all they know I could have stopped making these payments and they wouldn't know a thing! I do not want to be paying £255 for each CCJ to have these set aside when they were incorrectly charged against me in the first place due to their incompetence and not allocating the payments correctly BUT at the same time, I want to get these removed. Any advice would be greatly appreciated. Thanks

 

Thank you for your time on the telephone just now and the opportunity to discuss the outstanding accounts and the suggested payment plan. As confirmed, the payment which you are currently making to Controlaccount in the sum of £15.00 per week is being allocated to CA Account reference xxxx745 which is the account highlighted in lilac at the top of the table I sent to you in the earlier email (Fedex account number xxxxxxx). I can confirm that the table shows this account as having a £64.98 debt but you have since paid a further total of £20.00 towards this, reducing the current balance to £44.98 (this £20.00 payment was made in the form of a £5.00 payment and a £15.00 payment, the latter being the payment you refer to in your email below).

 

As discussed, we have suggested that you continue to pay your standing order to Controlaccount on the above reference and make no alterations as this will mean that this account is going to be paid off over the next 3 weeks. Just to confirm – this account is NOT the subject of any court proceedings.

 

The accounts highlighted in yellow where the debt alone totals £572.93, ARE the subject of court proceedings and it is this action which is currently on hold with the HCEO. The Claim number relative to the action is xxxxxxxx We have four separate Controlaccount reference numbers for these accounts which are: xxxxxx,

xxxxxxx,

xxxxxxx,

xxxxxxx.

 

Again, as discussed, we have agreed that you will now arrange for a standing order to be set up with Controlaccount for £15.00 per week, commencing 26th April 2016 towards this Court action and we will apply this to each of the four reference numbers captured within this case, clearing one reference number at a time. Additionally, we have agreed that when your account with our Collections department is cleared in the very near future, you will contact your bank and will increase your standing order in respect of the case above to £30.00 per week to clear the balance quicker. When your debt and the Court costs associated with the above court action are cleared, we will contact you to discuss your payments continuing but with them being applied towards the second lilac highlighted account which is also the subject of Court action which is currently on hold (Claim number xxxxxxx).

 

Please note that in addition to the debt figures which appear in the table below, you will also be responsible for the payment of the costs which I listed in my email of the 18th April 2016 but providing that everything is cleared in accordance with our arrangement, the High Court Enforcement fees of £318.00 will be waived. I set out below, our bank details for you to set up your new standing order and would advise that it is imperative that the Controlaccount reference number of xxxxxx is quoted on this transaction for the payments to be allocated correctly.

 

 

Thank you for updating the forum. I have taken the liberty to post your question again to hopefully make it easier to read. I have also tried to hide personal information (your account numbers and court file reference).

[Bailiff Advice]

On the question of your credit file, it is your responsibility to have the judgment marked as satisfied. If you have a look on the Registry Trust website, you should find the relevant details.

 

PS: I will have a read back on the thread and post back later this afternoon.

[dx100uk]

so did you ever find out what they took you to court for and what all these debts are?

 

have you been importing stuff from overseas and why have they got 4 invoices against you

have you demanded a full breakdown of each in writing for each one?

 

sounds like its bogus custom fees and import tax they claim they've paid on your behalf

and I bet knowing control accounts well here

they've added £40 a letter in charges each time they've written

they cant do that they are a DCA.

[johealey]

Thank you for updating the forum. I have taken the liberty to post your question again to hopefully make it easier to read. I have also tried to hide personal information (your account numbers and court file reference).

 

Thank you, I did try a number of times and it was driving me insane that it wouldn't allow me to paragraph it properly so thank you for your help, much appreciated

 

On the question of your credit file, it is your responsibility to have the judgment marked as satisfied. If you have a look on the Registry Trust website, you should find the relevant details.

 

PS: I will have a read back on the thread and post back later this afternoon.

 

Thank you............ I have the relevant information with regards to the two CCJs, but given they were put on hold I am surprised to find they have actually placed these against me.

Will look forward to your reply later

 

so did you ever find out what they took you to court for and what all these debts are?

 

have you been importing stuff from overseas and why have they got 4 invoices against you

have you demanded a full breakdown of each in writing for each one?

 

sounds like its bogus custom fees and unport tax they claim they've paid onyour behalf

and I bet knowing control accounts well here

they've added £40 a letter in charges each time they've written

they cant do that they are a DCA.

 

I used to import stock from China and sell on eBay, but it was very time consuming and not worth my while

- as my tax return showed, so I stopped.

 

It turns out they were charging me the relevant import tax and each parcel dating back to 2013 but I hadn't received the invoices!

I found this out when I started to get the HCE on the door.

 

I had also never received the CCJ paperwork either and noticed these on my file this week and only clicked today that they were for the outstanding invoices due to matching up the email information!

 

I think they had 4 invoices against me because I had some parcels delivered to work and some delivered to home and it turns out they had set up a number of accounts in my name!

 

I have received a spreadsheet showing all the invoices which is why I know this dated back to 2013.

 

Given the account was on hold I was surprised to see the CCJs being allocated to my account,

they are definitely worth trying to get removed otherwise I am waiting until 2021, satisfied or not.

 

The content of the email may explain as to whether I should give them a nudge,

even though I have not heard from them since April 2016

and I am sure as hell think that they are not even aware I have been paying these back as I have heard nothing from them.

 

I don't want to rock the apple cart by writing to them just in case they then try to make me pay for the HCE costs of £318,

 

however, I do want the CCJs removed when they had put the account on hold and these should not be there.

 

What is the best way to approach this please as I feel that I have done everything that they have asked,

have had no contact from them in the best part of 18 months

yet they have slapped 2 x CCJs on me which were on hold.

 

Any templates would be very much appreciated as I am loathed to have the CCJs set aside at a cost over £250 each! Thanks

[dx100uk]

they cant put a CCJ on hold - no such thing.

unless they meant you to sign a tomlin order which means as long as you pay - the judgement is not registered.

 

your story regarding this is a wee bit confusing as to how things work.

[johealey]

My apologies, in what way is it confusing?

[dx100uk]

already stated why above..

 

they cant put a CCJ on hold - no such thing.

unless they meant you to sign a tomlin order which means as long as you pay - the judgement is not registered.

[AndyOrch]

already stated why above..

 

 

they cant put a CCJ on hold - no such thing.

unless they meant you to sign a tomlin order which means as long as you pay - the judgement is not registered.

 

Well they can if they hold off (delay) requesting judgment....as it was a judgment in default.

[dx100uk]

but then they wouldn't show though?

I believe from reading earlier posts the CCJ are showing on credit file?

just puzzles me...which is it?

 

 

though where control account are involved

they'll say anything to get money out of people over spoof charges to line their pockets

[AndyOrch]

Thats because they didn't hold it ...but you stated they cant hold it..simply posting that a CCJ can be put on hold in the case of a default judgment....simply do not submit n225

[johealey]

Hi,

 

 

Just looking for a little bit of advice re this thread please.

 

 

To cut a long story short, both CCJs have now been paid off.

 

I have been fighting for the past 2 months with FedEx complaints department to get the two CCJs removed completely from all credit files

- these CCJs would not have been put on my credit files had the standing order weekly payments been allocated to my outstanding invoices correctly.

Therefore I see that they are at fault - no paperwork to defend was ever received either.

 

I have been chasing and each time get told

"its in hand and they are getting the CCJs removed".

 

However, today after chasing last week (again!),

I received an email to say the legal team are refusing to remove these CCJs even though they are at fault and state that I have admitted to agreeing to receiving the paperwork (I did no such thing).

 

They have said the only way that I can get these CCJs removed is to wait 6 years and to get a certificate of satisfaction to show these have been paid off.

I could apply to have them set aside however that is now a cost of £255 PER CCJ!

 

My question is,

do I have enough grounds,

given this was their error in not allocating my payments (which I can provide proof of payment),

to keep fighting this to get them removed without costing me any money?

 

Or;

 

Could I apply to have them both set aside and try and claim the costs back from FedEx?

 

These 2 CCJs are going to ruin my credit file for another 3 years and even if they are marked satisfied will they still give me a bad file?

 

Thanks

[dx100uk]

yep satisfied or not they kill credit esp mortgages.

 

if you've written proof it was their error

then you should be able to get the set aside fees out of them if you are successful.

 

dx