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    • Couple of things to point out. Council won't be interested in dog's poo in the caravan as it is private property.  At best the h&s department would take a statement and pictures and if it happened again they would act.   As the devil's advocate I would ask: 1. If you were so distressed to ask £4k compensation as suggested,  why did you stay for the full length of the holiday? Is it because your complaint was addressed and caravan cleaned? 2. Bed bugs? Where are the evidence? Couldn't it be another insect's bite? Most of the world population occasionally wakes up to a sore bite from unknown insects.  This can happen anywhere,  even in your house. Hands up if you have never experienced a mosquito bite in your house. 3. Manager took ownership of the problem immediately and fixed the faults. What else could he do? Move you from a caravan site to a 5 star presidential suite? Did you ask for this in writing there and then or you accepted the fix? 4. They offered £500 compensation. That's more than a quarter of the cost of the holiday. I don't think a judge would find that unreasonable.  5. Unfortunately the law doesn't act on ifs, so if something doesn't happen you won't get much interest. IF your boy had eaten the poo, the claim could have escalated by a large margin, but you, as a responsible parent, prevented this and nothing happened to your boy who went on to have a jolly good time. So unfortunately you can't claim for something that didn't happen.  To better understand this, think about a window cleaner leaving his ladder resting on a wall. IF the wind blows it on my car i could claim damage, but not before it happens.   So, my approach would be more pragmatic, by all means ask for more and see what happens, but £500 it's already a good offer in my opinion.    For future reference, whenever i go to holiday parks, caravan sites etc., first thing I do is to clean the lot. It takes an hour or so, but then i'm sure that i won't get any problems from hidden bacteria or other nasty surprises.  I know it shouldn't be this way, but it is. Us, the consumer,  have pushed for cheaper and cheaper prices and this is the result. We need to adapt unfortunately or we would be in court every day. Then there would be no time for holidays.
    • Hi, Last payments were around 2009. The last time any sort of letter showed up was about 3 years ago to my knowledge but only received by me a year after it was written as hung onto by my sister.    I haven't managed to open a bank account yet but made progress in what they required so will try this week.    Thanks for responding. At the time maybe I should have gone bankrupt in hindsight but before I left it pretty much all stopped after asking for the SAR' s. I had settled what I could prior to that.  Then after a big gap I started to get random debt agencies picking up on a few, irrespective of saying there were outstanding SAR requests they came and went and I did inform them where I was living overseas which is why Amex went for the RMA and then suddenly stopped.    You are of course right about running away. Seriously the whole thing gave me real depression which is something I only thought happened to other people. It has taken me all this time to get back to a place where I think I can take a deep breath and deal with it both for my sake and my mum.    I will keep a log. What happens might prove relevant to others and I can't see anyone else has kept one although a lot of people seem to have similar stories.    Thanks again        
    • Just make sure the Blue badge is visible in the car so the JBW bailiff can see it, otherwise he might clamp to put pressure on you.
    • Let them spout and don't tell them that you have recorded the call until its nearly ended and you have said you are logging date and time of all calls as they are in breach of the Protection from Harassment Act 1997    Prohibition of harassment. (1)A person must not pursue a course of conduct— (a)which amounts to harassment of another, and (b)which he knows or ought to know amounts to harassment of the other. [F1(1A)A person must not pursue a course of conduct — (a)which involves harassment of two or more persons, and (b)which he knows or ought to know involves harassment of those persons, and (c)by which he intends to persuade any person (whether or not one of those mentioned above)— (i)not to do something that he is entitled or required to do, or (ii)to do something that he is not under any obligation to do.]
    • It wasn’t recorded as to be honest, I was caught a little off guard however they are calling on a daily basis so I’ll make a point of recording the next one!   there won’t be any crumbling here. I’ve just been reading through the history of this to jog my memory on some of the events and it’s reminded me just how pathetic they are as a business. I fully intend to waste as much of their time and hopefully money as possible. 
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prince percy

Reston CCJ now warrant

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Having got some great advice hear about dealing with a CCJ application i was wondering if anyone can help on a CCJ that has already been granted in the court and is now with the bailiff due to me not being able to afford payments.

 

I didn't realise i could defend the claim when it was issued so i think i just ignored it and a CCJ was awarded for £50 per week.

 

I couldn't afford this and tried to negotiate with Restons to reduce but they were unwilling to help so have sent a bailiff round.

 

i told bailiff that i was getting advice from Step Change and was going to fill a court form to amend the order.

 

I havent done this yet as i can't afford the £50 fee and dont qualify for the fee to be dropped.

 

My question is

can i try and get the order struck out or ask for information like COA and other documents that i never received during their process?

 

Sorry if this is on any other threads!

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Ignofe the bailiff nothing they can do

 

Pay what you can when you can.

 

Whats the debt about and how much


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Did the Baliffs enter your property.

 

Were they county court baliffs ?

 

Is this a consumer regulated debt under the consumer credit act 1974. ?

Edited by Andyorch
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as you say if the bailiff has not gained entry

theres nothing they can do

esp if its CCA regulated.

no consumer debt CCJ gives any bailiff the right of forced entry.

 

ignore them.... but as the op has not returned we can only speculate.


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Given that this is Restons...then we are 99.99% sure its a CCA1974 regulated agreement....and therefore its the county court bailiffs.

 

Given that the poster stated they intended to submit an N245 (court form) ? and informed the CC Bailiff the same..but at present cant afford the fee...its safe to assume the Bailiff will work with the Judgment debtor..unlike HCEO.

 

To the OP ...... you cant get the order struck out or ask for information like COA and other documents...you can suspend the Warrant using the N245 (fee £50) at the same time you offer an affordable monthly payment or you can make application using the N244 (fee £255 with hearing) to set a side the Judgment...assuming you have a valid defence.

 

 

Andy

Edited by Andyorch
edited

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Good morning,

 

Sorry for not responding to all your helpful replies. For some reason i didn't get any email notifications of the responses. so did't know there had been a reply.

 

The bailiff is a county court bailiff, he spoke to my wife when he called and was actually quite helpful. They haven't been inside the house but we do have a couple of cars which i am worried they may take although they are only worth about £500 each. We also actually have nothing of value in our house anyway. TV is over 10 years old and all our furniture is second hand. We aren't what i would call poor but with a high rent on our home and 3 kids we don;t have much spare once we have paid for everything.

 

Having read some other posts i don;t think i would have a defence to set aside the order because when the claim came in i filled in the income and expenditure and returned the forms without a defence. I didn't really know what i was doing.

 

I think i will try and suspend the warrant for now. The bailff hasn't been back since but my wife is worried that he will come back and take stuff.

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Suspend and offer an affordable payment using the N245...you cant just suspend it without reason.


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 was planning on sending income expenditure with a reasonable offer. Planning on doing this soon as i think Restons will apply for an attachment of earnings.

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No n245 should of done this 2 weeks ago


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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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