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cabot/restons Halifax Card CCJ - Now County Court Bailiffs - sorting out payment - help

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back after letting the red mist descend on Reston’s CaBOTs.

Finally after years in financial purgatory, and a looming threat of a Baliff looking for levers, I raise my head to make small financial amends, only to get shafted by

Mr.Cool Hand, I’ll ask all the questions and control the conversation,

what I say you can afford to pay me, otherwise I’ll set the dogs on you.

I take this abuse of privacy, with a spirit of willingness

to accept my situation, move on from the finacial

debarcle my family suffered at the hands of HSBC, Nat West and later the incompetence of Lloyds Bank commercial mortgage dept, so this patronising verbal volitioner can dictate how my wife and I can spend

the pittance we now have remaining following the successful clearance of our mortgage arrears, arrears

that have periodically accrued during the last 6-7 yrs during our pursuit of gainful employment, you can imaging what a nightmare it has been from the financial suffering all to familiar when in a lot of cases peoples means to repay are shafted by the economy and the cut backs to essential services.

I have recorded last nights attempt to start a repayment plan with Cabot / Reston’s, a number recommended I call by the Baliff office in my town.

if I came to agreement they can hold off for 5 days,

the wife is bricking it, her brain works better under stress than mind, even though I have stuarded our ship

always, last night she had some questions to ask a

Mr O’Brian which surprised me a lot, we both have about £30 K of unsecured personal debt, my wife’s being a lot less than mine, our debt management company Ashley Longmann let us down, never corresponding or advising, just taking the money, we didnt know what we owed and to who, the list was bigger than we had a clue who the people were representing and paying nominal amounts to admittedly, on their statements.

Finding work and earning enough to keep the wolf from the door and pay the debts we have found an im****aabollity, we persevered all the same.

Can they clamp my works hire car from Europcar?

Do we have time to send a N125 form in, by the way we offered £100 a month and he said based on what we told him we could afford £380 per month, that’s when I started to lose it a lot, languages and all, sadly.

The CCJ was for £50 we offered £100, he said his clients interest would be acceptable to that amount.

its recorded if it could be used to help customers realise

there is no way forward speaking with these types, they

just wind you up with patronising questions to embarrassing to discuss with the heads of debating classes.

Kind Regards

Prosperous1

(Phil)

 

He said his clients wouldn’t be accepting the amount offered of£100 pm

 

 

He estimated we had £400 left over from our bills, he wanted us to £380 a month, leaving us with £20 per month.

 

Any advise would be much appreciated.

Edited by dx100uk
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So 2 pages of dribble but it doesnt really ask or answer what you are going on about?

 

Youve had a bailiff attend regarding a CCJ?


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And thats why you dont ring or write or try to negotiate with Restons....If the judgment was for £50.00pm...why are you offering £100.00pm?

 

If your judgment states £50pm then thats what you pay.

 

 

Andy

 

Thread moved to Financial Legal Issues Forum.


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No clue how to send a pm link, is there an idiots guide on here anywhere?

 

When they first snaked that CCJ into me, I never had 50 pence never mind £50 squid

That’s why

!

 

Can the Baliff levy my hire car?

 

Is there anyone other than Reston’s, eg the County Court who I can contact to arrange payment plan?

 

Thanks so much most sincerely

Donuts to follow.

 

Like I said in my dribble

 

I recorded the conversation if anyone wants to hear it, may save a life!

Edited by dx100uk
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why do you need to send a PM link?

 

have you actually had a letter from bailiffs entitled notice of enforcement?

 

the judgement is for £50PCM, you pay that

they [restons] cant demand more than what the judge stated.

 

when was the CCJ attained?

when was your 1st £50 due?

have you paid anything to date?


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Thanks

by the way sorry for your loss.

 

Time has elapsed since I failed to defend the CCJ and charging order, (debt in my name).

Our Home jointly owned.

Ignored paying the £50 CCJ due to lack of funds.

Notice came through of impending Baliff action, rang baliff, who advised contacting Cabot and to make sure we could afford the amount arranged regularly.

 

We made ourselves do an Ins and Outs on an A4.

Following that we rang Cabot who weren’t home but Mr O Brian now from Reston’s was, who

had our file to hand.

I think he manipulated our figures which in hindsight was ambiguous to say the least, suggesting we can afford £380 a moth.

 

Yesterday I went into the local court offices,and posted in their drop box a completed

form N245, to stave off the he baliff visit and offer £60 per month.

 

I have a rake of old personal debts stressing me and Mrs out over the last 8 yrs or more since

39 year old business ceased trading, I could afford at that time.

Have taken so many **** poor paying jobs and finally have landed a salary and commission job.

Just finished paying the arrears on the Paratus, now want to use that to pay our way out of ****, finally.

Thanks

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Would you please advise us how to have a go back at the vultures?

What to send off like an SAR form, not sure enough to follow up on but would

be grateful for action plan ideas.

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Who was the bailiff company?

 

This is a restriction k not a full charging order

So they wont get a penny when you sell as you dont need to tell them until the home is sold..too late to get money then.


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Thanks

Newport County court bailiffs, don’t think their a small business gang, not sure.

CCJ info to follow.

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Only a court bailiff

Nothing they can do

 

What is the debt please

Is it cca regulated

And below £5k?


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urmm this is from a link in my notes from dec 2017...

 

If you have a debt of between £600 and £5,000 (including court costs), you will seek a judgment in the county court.

.

Once you have this, you then have a choice for enforcement between either the County Court Bailiff or the High Court Enforcement Officer (HCEO).

.

Debts below £600 can only be enforced by County Court Bailiffs. Judgments for debts of £5,000 and over can only be enforced by an HCEO.

.

But no debt can be enforced by either if it is CCA regulated

.

You can claim up to £100,000 on MCOL and The County Court generally handles claims for less than £50,000, with those over that threshold being dealt with by the High Court.

.

There are two key types of debt, that which is regulated and that which is not. And currently the options for enforcement against goods differ between the two.

.

For many years, almost all debt regulated by the consumer credit Act (CCA) has only been enforceable by the County Court Bailiff via a warrant of execution (now a warrant of control), leaving the creditor no alternative option for enforcement against goods.

.

This restriction is due to a judgment made in the case of Forward Trust Plc v Whymark (1979) and the enactment of The High Court and County Courts Jurisdiction Order 1991 which prevented High Court Enforcement Officers (HCEO) from enforcing CCA regulated judgments and any judgment below a certain value, currently £600.

.

One small exception is that HCEOs can enforce CCA regulated judgments over £25,000 with an agreement date before April 2008, which in practice means very few meet the criteria. All CCA regulated debts agreed after this date may only be enforced by the County Court Bailiff.

.

And whilst there is no quantifiable evidence , creditors with CCA regulated debts being reluctant to use the County Court Bailiffs for a combination of factors, ranging from delayed enforcement due to staff shortages, to the lower than desired collection rates, which some say are due to a lack of financial reward for successful recovery.


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I've updated your thread title to better reflect your issues


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so WHAT letter did you actually get from the Count court bailiff please?

atleast its title please


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Notice of Issue of Warrant of Control

 

You are welcome to a photo of the Doc.

 

Reference my visit Friday afternoon 19 November 18, courts were closed at 3pm.

I was advised of a drop box for depositing any court forms.

 

I returned to the court office today, where I paid a £50 fee, cost of N245 appeal process.

The warrant is temporarily suspended while Cabot are contacted to agree or not to my proposal of £60.00 pm.

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Skrted well done

 

Ill pop back soon..

 

Why did you not. Contest the ccj?

 

Tell us the story..


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Regarding Cabot/ Reston’s

 

What if they don’t accept my offer?

Will I have to contact the money claims department for a copy of the original order

showing £50pm CCJ order, as proof, possibly shredded my end, (painful, lol), which I couldn’t pay at that time?

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If the court has already determined the monthly payment.....they cant object but they can request a redetermination of payment by making application with fee.

 

I assume the Notice of Issue of Warrant of Control was issued because you failed to comply initially with the judgment order ?

  • Confused 1

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I donÂ’t know why I didnÂ’t contest it, I made a feeble attempt with the help of another

and managed to get a stay of execution, couldn't muster the follow through for some reason.

 

That's why I haven't visited banana, I felt I let them down, we have been struggling financially since our business ceased trading, we weren't making mega bucks during those 14 years of self sufficiency either, we ticked along and paid our way, employed rolls since have paid far less meaning a fire fighting approach to bill payments, utilities, mortgage, etc.

 

My current roll pays better, pound of flesh employment but better pay.

 

Im in a mess with Her Majesty, (I'm having a Renaissance. I lately and have plucked up the phone to HMRC who have agreed to reduce the £4000 odd in fines to £1750, provided I do a self assessment for 15/16,

 

always had an accountant and fail badly without any admin support, and debt letters keep on coming,

 

Ashley Longmann Debt Management we were making regular payments to creditors on our behalf, they went bust, or changed names, or something, also, the list of creditors on their statements were unrecognizable to my wife and I.

We were happier not to pay them, and thought they were very amateurish in their overall methods.

 

I would like to know where to start on tackling our debts,

 

but yes That's correct, failed to comply to judgement order.

Edited by dx100uk
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Oh blimey no wonder you messed up fee paying fleecers etc

And yes we can easy help with your debts

 

But thats for a new thread

 

You can get a copy of the ccj from northants bulk just phone and ask. If you need it


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Notice of Issue of Warrant of Control

 

You are welcome to a photo of the Doc.

 

Reference my visit Friday afternoon 19 November 18, courts were closed at 3pm.

I was advised of a drop box for depositing any court forms.

 

I returned to the court office today, where I paid a £50 fee, cost of N245 appeal process.

The warrant is temporarily suspended while Cabot are contacted to agree or not to my proposal of £60.00 pm.

 

So you submitted the N245 to stay the Warrant.....there was no need to make any offer of £60pm as its already laid out within the judgment order ...£50pm


We could do with some help from you.

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