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    • The two companies are lowell and cabot.   I'll get the information and come back with it.   I did do quite a bit of 'Google' research before coming on here. There's a lot of confusing information out there they seem to tell you half the story.   Just so I'm clear. Bailiffs in my situation, if authorised by a court. Can enter the property through an unlocked door and seizure goods? Or can they not do that with a consumer credit ccj? Or point me in the right direction so I can read up on it.   Thank you for your help. It's good to finally speak to somebody who tells you how it is.
    • I've just acknowledged the claim and im reading up on how to do the cca and cpr requests now.   Thanks for all your help         Edit:   I was jus reading the cpr 13 template and it says i am requesting: " (template removed - dx)
    • Hi dx   Post 23 letter has been hidden as has a name in it. I did read the thread and in post 7 saw mention of 'must complain within 3 years of being aware it was mis-sold' if this is what you are referring to? Also my policy is live currently.   I think you know this, but it seems the RBS/Halifax agent doesnt know, that 'I became aware it was mis-sold just before I raised my claim (2019) having read a media article'  as I dont think the PPi team showed them the original claim form maybe, who knows.   Expanding, sorry I missed the word PPi after 'loan' in my post you quoted and highlighted. To be clear, the life protector was not for a loan, but a mortgage, and that mortgage did have a mis-sold PPi on it which they have admitted and refunded.   If it helps, I have several mortgage offers here from 1999 and they say 'Minimum life cover to be assigned to the bank'    The odd thing here is, I started the mortgage and PPi in 1999 but it was 2003 this life assurance started. I do categorically recall being told it was something I had to have though.   Many thanks   E 
    • MP's are good for other things but for some reason are not very good for Council Tax.
    • I've just acknowledged the claim and im reading up on how to do the cca and cpr requests now.   Thanks for all your help  
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
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Hi It's been a long time since I was last in debt and had to deal with bailiffs' and debt collection companies so i'm not sure if things have changed so i'm looking for a bit of advice ?

 

I Went home this lunchtime and a bailiff had left a letter threatening to get a locksmith to break into my house to remove goods with the police possibly present.

 

..in fact the letter was quite threatening

I thought that this was illegal as the debt owed was a personal debt through a county court CCJ not a magistrates fine or debt to any other governmental department,

 

what I need to know is are they allowed to do this.

 

The debt collection company who pursuing this debt is lowells and they have bought a lot of my debts and are trying for CCJ's on all of them and is this how they operate now ?

 

 

Thanks in advance for any replies

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No forced entry to the house. But separate garage or shed can be forced entry to. Also vehicles near house can be seized, if they think you own them.

 

You mean Lowell finance have the CCJ's. What is the total value of CCJ's ? Remember bankruptcy threshold is £5k.

We could do with some help from you.

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so they've already got a CCJ then and these are court bailiffs

they are your friends

nothing to worry about.

 

 

I will guess you ran away from all your debts and did not inform your creditors you have moved

and they are now getting CCJ's at old addresses

that would fit

 

 

dx

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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Lowell MO is to gain default CCJ at previous address if it can. Was the last payment more than six years ago?

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

 

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

 

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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I Went home this lunchtime and a bailiff had left a letter threatening to get a locksmith to break into my house to remove goods with the police possibly present.

 

Was the letter from a County Court bailiff?

 

Instead of posting a copy of the letter, could you copy the actual wording regarding locksmiths etc.

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I think i owe around 10 k in total over about 8 different accounts and my wife whos also named on todays notice owes about 4 k on 1 account.

 

I have 3 CCJ's at the moment with lowells trying for another and they have 2 of the others.

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The letter was a unfilled out removal/ take notice with the local courts address on it which named both myself and my wifes separate debts owed to lowells and read like this...

 

Enough time has been wasted with this matter and failure to respond.

 

As you have failed to contact me in reference to the above warrant issued.

 

You leave the court no option to enforce the warrrant by removing goods to the value of the warrrant plus added court costs

this may be done in the presence of local police.

( then theres a hand written part " locksmith £250")

 

then theres the option to contact him to pay immediately to avoid enforcement of the warrant and the n threatening to come back in 7 days to remove goods..

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lowells not lavals.

 

 

somethings not right here

no bailiff would mention all you and your wives debts on a warrant.

its for one CCJ

and it says Court bailiffs ..yes?

not High Court Enforcement Officer?

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 think im confusing things here i have about 8 accounts that i owe but this is for one of mine and my wifes one.

 

it looks like a blank generic notice with both my case number then my wifes case number handwritten on the top of it.

 

I think its for one of my CCJ's and also my wifes CCJ..

 

I think its from my local county court even through both CCJ's were gained from Northampton bulk.

 

The notice has the local county court header on it and it just states the guys name and his title -Baliff/enforcement officer and his mobile number

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If you don't enter into repayment of CCJ's, with debts over £5k, you are risking being made bankrupt. If you own any assets such as a house, that would then be at risk. The various costs added in bankruptcy would be horrendous.

 

Suggest you deal with the CCJ's by offering a payment arrangement that you can afford.

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

 

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

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i have a 12 year old banger outside with a dodgy gearbox and an even older car on the drive that we bought for our son as his first car which doesn't run either ..

 

 

i live in council housing so theres nothing really to take apart from household items ..

. we're not rich we just got into a load of debt that we couldnt pay back...

 

If you don't enter into repayment of CCJ's, with debts over £5k, you are risking being made bankrupt. If you own any assets such as a house, that would then be at risk. The various costs added in bankruptcy would be horrendous.

 

Suggest you deal with the CCJ's by offering a payment arrangement that you can afford.

 

As i said i don't own my house and we're only just managing as we are so i couldn't afford to pay them back even if i wanted to.

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he can only inc your wife if its a joint debt and you BOTH got CCJ by default because you didn't each respond to the claim

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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Share on other sites
i have a 12 year old banger outside with a dodgy gearbox and an even older car on the drive that we bought for our son as his first car which doesn't run either ..

 

 

i live in council housing so theres nothing really to take apart from household items ..

. we're not rich we just got into a load of debt that we couldnt pay back...

 

 

 

As i said i don't own my house and we're only just managing as we are so i couldn't afford to pay them back even if i wanted to.

 

Best to work with the court bailiff to show them you cannot afford to make payments and have no goods of value to be sold. The court bailiff will report this back and then you may be left in peace.

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

 

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

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Have you sent requests under s.77-79 of the Consumer Credit Act 1974 for all of these debts?

 

 

Too late if a CCJ has been awarded.

Please consider making a small donation to help keep this site running

 

[sIGPIC][/sIGPIC]

 

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he can only inc your wife if its a joint debt and you BOTH got CCJ by default because you didn't each respond to the claim

 

No we have never had a joint account we keep our finances separate... they have listed her credit card debt CCJ and my debt with a different credit card company on the same form...

 

I think he's just combined it to save chasing us both separately .

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as you already know

they cant use locksmiths on a ccj warrant.

 

 

 

 

 

dx

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... 

Link to post
Share on other sites
Hi It's been a long time since I was last in debt and had to deal with bailiffs' and debt collection companies so i'm not sure if things have changed so i'm looking for a bit of advice ?

 

 

I went home this lunchtime and a bailiff had left a letter threatening to get a locksmith to break into my house to remove goods with the police possibly present

 

If you challenged the letter with the court, I would think that you would receive a response advising that the letter had not threatened that locksmith would break into your home and that instead, the letter was advising you of the fee (of £250) that could be charged if the court granted permission for forced entry.

 

As you are unable to pay the judgment in full, have you considered apply to the court to vary the payment terms? This needs to be done by way of an N245 Application. There is a court fee for these applications but if you are in receipt of qualifying benefits, you may be exempt from paying (EX160).

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I thought that the court couldn't grant a forced entry ??? or am i wrong ?

 

Put the matter out of your mind and instead, concentrate your efforts on getting sensible payment arrangements in place for this judgment by way of an N245 application.

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I can't afford to pay Lowell that's the problem..

. it's not a case of won't it's just we're barely managing now and if I offered payment on this case they would just keep coming back for my other debts as well..

..it would never end..

..I just need to know exactly what are the possible outcomes??

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Best option is to speak to the court bailiff and provide details of your current situation.

If you can't pay anything and have no goods of any value that could be sold,

this would get reported back to Lowells and they would stop trying to enforce this debt.

 

You can't just do nothing hoping it goes away.

Lowells don't know your situation and think you are just wanting to avoid repaying debts.

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

 

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

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I can't afford to pay Lowell that's the problem... it's not a case of won't it's just we're barely managing now and if I offered payment on this case they would just keep coming back for my other debts as well....it would never end....I just need to know exactly what are the possible outcomes??

 

If you contact any one of the advice agencies recommended by the government (Stepchange, National Debt Line, CAB etc) you will get the help that you need. If you want to speak to someone today, then National Debt Line would be a good starting point. They will do a budget sheet for you and assist with letters to your creditors.

 

If it is the case that you cannot afford to pay even a nominal amount in repayments, it may be suggested to you to apply for a Debt Relief Order. The first step that is needed is for you to make contact. Today is as good a day as any.

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UB - The bailiff is likely to want to enter the property in order to satisfy himself that there is nothing of value to be taken. That is not something that I would personally recommend.

 

I believe that the best course of action would be to arrange an appointment with Citizens Advice and to inform the bailiff of this.

 

Citizens Advice are then in a position to help and guide the OP (on a face to face basis)

 

Moving forward, the options for Lowell are to transfer up to High Court Enforcement, apply for an attachment of earnings or apply for bankruptcy

 

What's the difference with high court enforcement and how often does it go that far ?

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What's the difference with high court enforcement and how often does it go that far ?

 

In your particular case, even if Lowell did transfer the judgment up to the High Court (which they are entitled to do in certain circumstances), it will not affect you. You have no assets of value.

 

Furthermore, as I understand it from your earlier post, this debt relates to a credit card debt. Accordingly, this type of debt is not one that can be enforced via a High Court Enforcement Officer.

 

Just getting back to basics for one moment. How much is the judgment for that the county court bailiff is currently enforcing? I'm not even persuaded that Lowells could pursue you for bankruptcy either.

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