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    • Hi there, the company name on the bit of paper is:   Bristow & Sutor   Says the total amount £990.49 and this includes £235 enforement stage fees,  The CTAX was owed to North Tyneside Council. The guy also said that it wasn't just for CTAX. Other debts were combined.   I did leave other debts behind too when I moved. Perhaps a utility bill, credit card debts and a Provi doorstep loan.   I think the guy said that he would be back Saturday too. This is what I'm trying to avoid multiple visits. Don't want my mam to get upset.   Thanks for the help.   Bear
    • Hi   Just to be clear a Tenant cannot refuse to pay rent after they have signed your Tenancy Agreement for the property irrespective if they are claiming no hot water for xx weeks especially when you have evidence to the contrary.   As they are now 2 months in arrears they have breached your tenancy agreement and you could go down the section 8 route for the rent arrears to evict your tenant and the letting agent you employed should be fully aware of this.   The hot water issue sounds more like the tenant didn't have a clue how to operate the heating system within your property   Has the Letting Agent informed this Tenant about the rents arrears and their Guarantor who would also be liable for the rents arrears?   Now the Tenant that wants to leave early as there is no 'Break Clause' in your Tenancy Agreement signed they would have to negotiate with you the Landlord to leave early as they are then in breach of that signed Tenancy Agreement.   Now before doing any of this is they have paid a Deposit it should be protected in a Tenancy Deposit Scheme and they should have been give a copy of that deposit schemes prescribed terms.
    • So a bit of an update as I haven’t posted for a while   I have received a court date of the 14th of Feb 2020 (maybe they will take me for a nice meal afterwards?) so I am starting to prepare my witness statement.    today I have received a letter from BW legal in response to my CPR letter yet again ignoring the fact that their T&Cs do not cover double parking. They are also now starting to hint that I was parked out of the bay yet the images provided on their evidence of the three tickets they are claiming for don’t evidence this as they are such bad quality.  stapled to the back of this is another letter. As a “gesture of good will”, the client is offering an out of court settlement figure of £500 payable in the next 5 days. Me thinks they are starting to realise they may not have a leg to stand on here!
    • firstly , they are not a Debt collector [never confuse the two - a DCA chasing consumer credit debt is totally powerless and have ZERO legal powers to do or take anything - they have no more legal powers than you or I do ] these will be bailiffs and do they have legal powers.   However, the good bit is that unlike what you might have seen on TV, for a council CTAX liability order [please confirm there is or NOT a CCJ registered check your creit file] there is NO right of forced entry. The bottom line is, bar all the arm waving, is, that if you simply totally ignore them, they will eventually go away.   Now what they can do is two fold on CTAX. basically add fees to a set limit.   the first is a notice of enforcement letter. this comes with a fee of £75 and gives you 7 days to set up some sort of payment plan.   the second is an actual visit, where by a further fee of £235, whereby the fees are now £310 , the maximum they can ever add to the CTAX bill. this is typically accompanied by a threat to removed goods, it's cleverly worded or 'explained' to make you 'think' they can waltz in any take anything they like. THEY CANNOT unless YOU let them in. which you don't, nor leave doors unlocked as they can then enter through what is called 'peaceful entry'.   in real term, the seizure of goods is limited to stuff outside like cars YOU might own that are not behind locked gates.   so i'm not too sure what stage you are at  so please clarify. the name of the bailiff company. how much you now owe the county council the CTAX is owed too.   if you have any/all paperwork please scan it to PDF  after redaction - read our upload guide]   one last point. they don't keep coming around they don't keep ringing. neither of those gander them anymore money so they don't bother.   dx      
    • Hi Everybody I moved into my parents house quite recently. My mam is aged and extremely ill (it's just me and her living in the house) and I moved from the North to the South of England to take care of her.   Now I've got a CCJ against me for unpaid Council tax from when I was living in the North and a debt collector has just showed up at the door. Now I don't have the money to pay the entire amount straight away. But I'm willing to try and enter in some kind of payment plan and gradually pay down the debt. However my main concern is that they don't keep coming around and phoning the house threatening and harassing my mam over her sons debt.   However the guy at the door was threatening to seize goods and have them sold at public auction. Getting bailiffs to break in etc.   When I told him that I've nothing of any real value he said he could just take whatever was in the house. Something about if she couldn't prove whatever was hers then they could just take whatever (I'm not 100% this but I think something to this affect).   He left me a "Notification of Enforcement agent visit" sheet of paper.   From the first paragraph it says:   "As an enforcement agent I've attended your premises today with the intention of taking control of your goods in accordance with the taking control of goods (fees) regulations 2014. At this time your goods are bound. You cannot remove, sell or otherwise dispose of them"   Thus I'd appreciate any advice that readers my be able to offer. Does anyone know the law regarding "seizing assets" when the debtor is not the homeowner/tenant?   tia Bear
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ccj challenge help

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Admin please move post if in wrong section.

 

I am posting in response to an ccj in 2014,

 

i wish to challenge the validity of ccj,

as i received a claim without a stamp seal,

no claim number and issue date was not completed

also amount claimed was not filled out.

 

What is procedure to challenge this

 

also need to speak to mydeposits as they released deposit without any contact to myself.

 

Also as deposit was reclaimed the amount on claim form submitted for ccj would be incorrect amount.

 

I await your replies and help. Thanks in advance.

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Please post the claim form and also the judgment here in pdf format


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Sure will do thanks

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a landlord took you to court?

tell us the story


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thread tidied moved to general legal forum

 

dx

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" i wish to challenge the validity of ccj, as i received a claim without a stamp seal, no claim number and issue date was not completed also amount claimed was not filled out "

 

So your not going to upload the above then we can advise why its invalid ?


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" i wish to challenge the validity of ccj, as i received a claim without a stamp seal, no claim number and issue date was not completed also amount claimed was not filled out "

 

So your not going to upload the above then we can advise why its invalid ?

 

I will do dont have access to scanner at the moment so will take picture of document and convert to pdf then upload

 

a landlord took you to court?

tell us the story

 

Well i never went to court for ccj all i was sent claim form and then a ccj was registered against my name.

 

which details should i remove or blank out before uploading claim form ?

Edited by dx100uk
merge

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anything that can pers ID YOU or them or the case & any ref numbers/claim number


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claim form attached

 

This is the only document i ever received also had no contact from mydeposits, i have emailed them but have heard from my estate agent they are somewhat useless

ccjclaim.pdf

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so in terms of the process

you got that may 2014

did you receive that at an address then you moved or what.


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No i received at address i was staying at during period of tenancy.

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Oh dear

So you then moved on without informing him of your new address?

And everything went still to there?


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I Doubt it had access to post as upstairs tenant was my friend and hallway was communal,

also i was still there when this claim form arrived around march to april 2014 and i vacated property around may 2014.

 

Never received any further letters or notices

also the claim form i received was a photocopy sent from estate agents

i never received any official documentation from courts.

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Thats not a claimform

Its what he might be doing

 

I thinking you should ring northants bulk and ask for a copy of the claimform and the ccj


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pers we always recommend ringing

you get a human and its directly in your inbox within a couple of hours

but you've no rush as such


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sorry for late update.

 

here is reply from hmc

 

Thank you for your email dated 30th August 2018.

 

Due to the time period in which your claim was issued and served being 4 years back I am afraid that the court will not be able to provide a copy of the claim form due to the file now being destroyed. Due to the amount of claims in which we process and receive we have a timescale of how long we keep files in storage. The claimant however may be able to provide a copy of the claim form as they may still hold a copy. With regards to the Judgment the court can provide a further copy however a fee of £10.00 will be required as the court had attempted postage of the claim and Judgment back in 2014. Payment can be made either by cheque or by debit card if a contact number and preferred time to be contacted is also stated.

 

I wish to challenge this ccj on the following resons; a: incorrect procedure no valid documentation , b: incorrect value as deposit was claimed by landlord from mydeposits, c: failure to provide claim form the goverment requires all companies to keep records for 6 years my suspicion is there was no valid claim form and they are trying to fob me off.

Any advice or help greatly appreciated.

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But some how he got a default judgement

So it must have existed for that to happen


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But some how he got a default judgement

So it must have existed for that to happen

 

yes but my grounds of defence are that no proper paperwork was served and requesting claim form within 6 years period which is validity of court and all they tell me is we dont keep claim form, im sure if told hm revenue i dont have my tax return as it has been 4 years they would not accept it.

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Well then set it aside - no claimform received

 

As for a defence for the debt.. Incorrect amount .. Deposit reclaimed by insurance? Thru mydeposits scheme?


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Clue is in their response......

 

" With regards to the Judgment the court can provide a further copy however a fee of £10.00 will be required as the court had attempted postage of the claim and Judgment back in 2014."

 

I read that as never actually served the claim form...hence the default judgment.

 

See CPR 6

 

6.18

 

(1) Where –

 

(a) the court serves the claim form by post; and

 

(b) the claim form is returned to the court,

 

the court will send notification to the claimant that the claim form has been returned.

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part06#6.3

 

Andy

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Well then set it aside - no claimform received

 

As for a defence for the debt.. Incorrect amount .. Deposit reclaimed by insurance? Thru mydeposits scheme?

 

Am planning to set aside, yes deposit was taken without my consent from mydeposits i never recieved any paperwork from courts or my deposits to grant landlord access to money.

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Clue is in their response......

 

" With regards to the Judgment the court can provide a further copy however a fee of £10.00 will be required as the court had attempted postage of the claim and Judgment back in 2014."

 

I read that as never actually served the claim form...hence the default judgment.

 

See CPR 6

 

 

6.18

 

(1) Where –

 

(a) the court serves the claim form by post; and

 

(b) the claim form is returned to the court,

 

the court will send notification to the claimant that the claim form has been returned.

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part06#6.3

 

Andy

 

Thanks andy for that, i missed that point is that valid reason to set aside, how do i start procedure and should i get copy for £10 or just use info from credit report ?

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Yes I would most certainly get a copy of the judgment and claim form...as for setting a side...you will have to prove the point which I assume happened but their response is a bit of a give away......they either made good service or not....why state attempted ?

 

If attempted.....attempted and succeeded or failed ? Its a word I usually connect to things that someone tries to do but does not succeed in doing

 

Andy


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