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    • You're like, super helpful and unhelpful at the same time lol.   What do I search for, I searched form 4, and nothing, I searched claiming compensation and nothing about this.   I can't find the top squares logo.   Can you post a link or tell me what to search.   Sorry if I'm slow.
    • use our custom google search box  click our top squares logo it should appear on that page   dx
    • Apologies, I haven't used a forum for years!!   I defo wish to keep the 2 issues separate, sorry!   My only issue I need help with is the increased compo for marstons - if possible.   I don't know anything about claiming compo etc. (I only recently found out one of the NHS biggest costs are NDA payouts)   I don't know what form 4 is; so far, they've offered £250 and I haven't accepted or denied it.   So yeah, can you forward me to some more info?   Also, usually I'm good at google etc. but I can't find many stories on this stuff, regarding PCN/TFL etc.   Thanks again!
    • ok things are getting clearer...   I've merged 2 of your posts for clarity and removed the swearing, (behave please) I've also taken down the two images you posted should you wish to post things up please use PDF so we can zoom easily and don't forget to redect them read upload carefully.   I think you need to continue to keep the two thing sep. those being increased compo for marstons- if possible ( if you are raising a form 4? complaint through the court - it might be better you don't? - they are very hard to justify and can be costly - so the fact it might not be moving forward could be a good thing, but listen to others here too) and the issue of the PCN wasn't justified - which you need to further expand on please.   the more info you post up the better please but please use multipage PDF files only and carefully redact them    
    • Thanks for trying btw! It's kinda in 2 parts.   1 is that the PCN wasn't justified in the first place and I wasn't aware it had escalated. I received the initial fine from TFL which I challenged and heard nothing back from (for 5 months). Then another letter from a separate PCN which made me email TFL to inquire what was going on but again, heard nothing back.   (BTW I can see how confusing this is so thanks again for trying)   So, I had no idea my car was at the risk of being taken - that's the first part.   No 2. is:   I got a phone call saying my car was on the back of a truck round the corner from mine (they hadn't left any notices or anything, and the car was parked directly outside my house). My friend said they were attaching the straps and securing it to the van (so I think they got it on the back of the van and moved it before securing it).   When I ran round the corner I saw the EA's van. I went upto it and asked what was going on. He was rude and told me to go away. Then after I kept knocking he got out the van and was aggressive and refused to ID himself or tell me why he had my car.   He shouted at me, was rude and unprofessional, he then left with my car. I complained to Marstons and asked for the bodycam footage.   They gave me the footage but it was clearly edited and cut short (because in the beginning of the footage he was the most aggressive).   They then told me he wasn't required to have the camera turned on when he's in the van, only when he's 'actively pursuing a warrant' and I was only allowed the footage I was in. (which is 2 different things) So I asked them to clarify which is true.   Anyway, I reviewed the footage and sent in my complaint (talking about what happened in the footage) They replied and said they watched the footage and disagreed with everything I said.   So I wrote a more in depth response with the CIVEA code to reference + the TFL EA guide etc.    Then they asked for more time, called me and finally apologised and admitted he had acted untoward and was in the wrong.   They then offered me the goodwill payment.   This has taken up weeks of my time, caused me serious trauma and PTSD and even after I complained WITH video evidence, they still initially denied it which means they officially lied, on record, while representing TFL.   I told TFL what was happening they said I had to continue with Marstons etc.   £250 goodwill isn't enough, the car cost £800 to get out, the suspension is messed up and I'd like to claim compensation for everything.   I don't know if that makes me sound like i'm money grabbing or whatever but they shouldn't be allowed to get away with it.   The police had to come before they could call an ambulance cause I was having a panic attack and it was a HORRIBLE experience.    So any help would be great please    I have the whole file from Resolver in a ZIP file but it's a lot of writing and I think you've read enough of my writing to last a life time!   I did a statutory declaration of OOT, got it signed by the court etc. but it was rejected.   I then tried to take them to court but it cost £250 I think which I don't have. You can get it for free if your low income but they wanted bank statements that I couldn't get. They're waiting for me to reply with documents to get a free court date.    did you receive any of the pcn's - was that why you appealed? - Yes, sorry!   unless it's trying secure a greater level of compo from marstons? - Yes, sorry!   For the record I just saw this pop up, read it and now feel much less guilty about my enquiry!
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conwaytwitty

old 1st credit Backdoor HBOS OD CCJ - Can they ask for a 2nd Warrant of Execution

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I left a rental property in January '15.

 

Subsequently,

I had a CCJ issued in April 15 (to the previous address so not defended) for£1600 (HBOS).

Bailiffs attended the previous address in Dec '15.

I have contacted Northampton to find out who issued the CCJ but not heard back yet.

 

For how long is the warrant live?

I'm seeing 1 year in some places?

 

Is it normal for warrants to be re-issued to new addresses (in this case 2 years later)?

 

The CCJ is only coming up to 3 years.

There's no real point in Bailiffs attending as I have no property

(everything I own can be packed into two bags)

I am slightly concerned about my partner's belongings being dragged into this.

 

Would I be able to have the CCJ set aside based on service address,

admit liability

and pay the outstanding amount?

 

Would that CCJ then be removed from my credit file or would I just have to let it ride?

 

As yet, I've had no recent contact with bailiffs in the matter described,

I want to get ahead of the game.

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The old warrant would be out of time and was probably returned in any case.

 

If no enforcement is currently underway, all that would be due is the original judgment debt, the fees for the earlier enforcement would have disappeared when the warrant was returned or expired.

 

If you paid, the marker would remain on your file for six years in total, if you were successful in getting the debt set aside it would be removed immediately.


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AS over a 30 days since the CCJ was issued - It will be changed to settled / satisfied only. - It appears on your cRA for 6 years from DOI...


 

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why did you not ask for the CCJ & Claimform to be sent by email PDF whilst on the phone to northants bulk in the first place?


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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why did you not ask for the CCJ & Claimform to be sent by email PDF whilst on the phone to northants bulk in the first place?

 

Haven't actually managed to get through, sent three emails and spent numerous attempts listening to engaged tones on the phone.

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Send an email using the following requesting a copy of the judgment/claim

 

 

Copy Judgment (Insert claim number xxxxxxx)

ccbc@hmcts.gsi.gov.uk


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I now have a copy of the judgment

 

Warrant of control issued (fairly obvious)

 

there is another entry which if somebody could explain it would be appreciated.

 

Final Return on Warrant Final - return code 126 (appreciate the return code is an internal admin code) but would appreciate an explanation of Final return on warrant.

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good

so who was the claimant?

what was the debt?

what address was the CCJ taken out against?

did you inform the original creditor or the claimant of a change of address?


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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I now have a copy of the judgment

 

Warrant of control issued (fairly obvious)

 

there is another entry which if somebody could explain it would be appreciated.

 

Final Return on Warrant Final - return code 126 (appreciate the return code is an internal admin code) but would appreciate an explanation of Final return on warrant.

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?283211-Warrant-of-Execution-Final-return-of-your-claim-was-received&


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DCA 1st Credit

 

Overdraft (HBOS) £1600

 

The CCJ was issued to a previous address against an account that was held at another even earlier address.

I incurred the debt at A,

CCJ was registered at B

and I'm now at C.

No, unfortunately, I didn't.

 

Warrant of control issued in 15 with a final return in the Dec - been dormant since.

 

The reason for this coming about was I have had about 30k go SB over the last year with a further 10k due to fall off the credit report in a month's time.

 

A DCA, well known for SB debt collection attempts started sending letters recently but they are out of time.

 

But,

my mother-in-law who doesn't speak English tells me there have been a couple of visits by suited chaps.

She doesn't open the door because of the language barrier.

It's difficult to know who they are as

they don't leave any calling cards.

 

Then I thought the visitors might be for the CCJ above.

 

I have 2 CCJs, I assumed it was the more recent one described above that might be the immediate issue.

 

There is a second CCJ with Arrow

5k, probably an MBNA credit card debt

CCJ issued at an address in mid 2012, Defendant address a later address and there is no reference to my current address.

That has a very recent warrant of control note with 3 subsequent Final return notices with the last one being within the last month

Edited by conwaytwitty

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then i'd let everything run.

 

not a lot you can do

I would suspect the doorsteppers were a DCA not bailiffs.

safe to ignore them


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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I've had about 40k of debt go statute barred in 2018 - good year. I have one outstanding account which was approx 1200 for an o'draft (the debt was from 2012 but CCJ issued in 2015).

 

A DCA obtained a CCJ against a prior address, a warrant of execution was issued and a bailiff attended to be told I was no longer at that address.

 

Forward to 2018 and an updated credit file saw this DCA come out of the woodwork for this CCJ.

 

I sent a GDPR request and the file that came back was huge and showed letters and discount offers of up to 70% going back years.

 

I made an offer based on the discounts in the GDPR request which they have rejected. They have counter-offered with a 10% discount to be paid by the end of the month.

 

I'm trying to plan my next move, my question is can a 2nd Warrant of Execution be issued?

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Yes


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please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Yes, it's the same one, it had all gone a bit quiet after the last 10k dropped off (all bar this) and then this last one popped up again.

 

Never heard from a bailiff in the end.

 

I'm tempted to pay it but obviously if I can get a discount 5-600 quid is worth holding out for if I up the offer a bit.

 

I'm wondering to string them out to the end of the financial year and then pop an offer in knowing that any good sales team will take it to get their figures up. It's a gamble, it depends how hard-ball they play in these situations

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why did you bother to send any stupid letter tennis

what do you mean by an updated credit file it popped back

the CCJ is older that 6yrs now and should not be showing

thus the debt is also defaulted more than 6yrs ago so that shouldn't show either...

 

so what is your problem?

and most certainly don't offer to pay them

changes nothing!!

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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sorry you say 2015 ccj so still showing..my mistake

so you updated your address with cra and they wrote to you/

 

short ans is yes they could get another warrant, but its a consumer debt and bailiffs for those have no right of entry anyway.

 

why didn't you contest the ccj when you found out about it?


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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There seems to be mixed opinion as to whether a set aside would be granted in these circumstances.

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you would need 2 things...

 

1.a reason to set aside,

- you not updating the OC or the claimant of a change of address, thus it was served to an old one cannot be a reason, however if you have written evidence that a differing address than the one the claimform was served to was within the knowledge of the claimant, then that will satisfy that part..

 

2. a defence for the original particulars of claim regarding the debt.

 

to date I cant see one...the debt being made of say PPI or penalty charges is not one, but issues like it was a merged debt or the OD balance being significantly above any authorised limit when the account was opened might be.

 

homework time...get an sar off to HBOS


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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