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    • They refer to the ID in their statement (Para 19)....   Para 6 is all one statement....broken into extension paragraphs   Paragraph 5 is the killer...I have never tried it in mobile contracts before..lets see what the court thinks.
    • Thanks very much Andy for putting your time in it's really appreciated.   I've removed the bit about ID because I couldn't find where I read it, maybe I imagined it. I do quite like the bit about CPR 3.4 (2 a/c) - practice direction.   Out of curiosity more than anything, paragraph 6 has 2 more paragraphs underneath it. Is it fine to have these like this in a witness statement, they don't need to be 7 and 8?   Now let's send this and see what happens next.. 🍿
    • Well you are in a position where if you issue the claim now and they fold, then you could lose your claim fee and also be left with the vehicle. If you return the vehicle to them for repair then there is a risk that if they folded you might have difficulty getting the vehicle back – but because it is in your name, I expect you eventually would. If you decide to issue the claim then frankly I think I would issue this evening. You have pretty well done the 14 days and in view of their letter suggesting that they might fold, I think you would be justified in acting quickly. I suppose that is possible that they will defend – if for no other reason to cause a delay before any judgement is given. If they did defend then eventually you would receive a directions questionnaire which would ask you various questions as to the management of the case and also if you had any orders to suggest. I don't know if you would succeed but I would propose to the judge that the court orders that the defendants may only continue to defend if they pay the sum claimed into court by way of a security. You would justify this by providing a copy of the letter which showed that they were thinking of dissolving the company. If you were able to get this order then if they did not pay the money in, then you could apply for an immediate judgement and then have it enforced by the High Court enforcement officers. However this is quite a way down the line. I would also follow the company https://beta.companieshouse.gov.uk/company/06840157 so that you would get early notice of any proposals to dissolve it and you might then be in a position to object. Once the claim was issued, I suppose that you could contact them and discuss the possibility of further repairs. I have to say that you say that you don't believe them, but on the other hand it would be very unusual for them to admit to their customers that they were thinking of ceasing to trade. That certainly sounds to me as if they are trying to be straight dealing with things. I think it's up to you whether or not you want to risk the claim fee – but I also think that you need to make a very quick decision on this and if you decide to go ahead, then you issue the claim this evening.
    • so just ignore the overdraft debts ?  
    • Thanks guys for your input,    Yes Andy, same court, my friends wife only checked her credit file when her friend got refused credit and checked hers. I will have a good read of your comments Andy, and update you on how I am going to advise her to proceed. Thanks Again
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Hi

I had a long outstanding debt with EON which left to a CCJ which then got passed on to the Court Enforcement services in Loughton.

Once this happened I immediately phoned them and we agreed a payment arrangement for a 12 month plan for £322 a month starting from March this year.

 

I made the first payment on time but the second payment was a couple of weeks late

I did phone up CES to tell them this and they informed me that it had already been passed on to an enforcement officer.

They gave me his name and number and i immediately phoned him he was very nice and he explained that he would need to visit the address but he was understanding of the fact that it was half term and the children would be at home so asked me to txt him some dates that it would be convenient which I did.

He responded saying thank you he would call me later but he never did this was on the 18th April.

 

I then receive a letter from the CES dated the 30th April informing me that an enforcement officer would be attending our home the debt on the letter is £3724.41 which is pretty much what it was before I had paid £644 off. The letter also says during this visit if I fail to make payment of the full amount or put forward an offer of repayment which is acceptable the additional fees may be incurred. 

 

Last night we had a visit from 2 very intimidating enforcement officers my boys thought that they where the police the way they where dressed.

I asked them to get into my car outside as I didn’t want to draw attention to us from the neighbours which they did.

 

I explained my current situation financially and I could still pay the £322 a month and my arrangement with the other enforcement officer and his mood changed and he said that it had been taking out of his hands now and they where there to take the debt in full and no other arrangement could be made if I didn’t they would phone the police and gain access to my house to start removing goods.

 

I questioned this and he said that why have every right to do this unless I paid the money in full.

I asked them for some time to think and went back in doors they then started to stroll around outside the house even glaring at my children indoors.

 

I quickly fumbled on my phone and I managed to see that they had no right to enter on the first visit I don’t know if this is correct ?

I took this information out to them and they suddenly became aggressive and said I was wasting there time and they would start removal right away.

 

I made a couple of calls and managed to sort out the money which I thought it would be £3000 when he took payment it was £5150.09

I said why is it that much and he just said additional charges for their visit and if I didnt pay it they would just come back with the police.

 

In the end just didn’t think I had any choice I was shaking and crying but they just didn’t seem to care.

Please could someone let me know if I have any rights I never tried to avoid paying the debt but to have to pay nearly double without any prior warning has shocked me. 

 

Thank you 

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Hello and welcome to CAG.

 

I've moved your thread to the main bailiffs forum, people should be along to advise later.

 

Best, HB


Illegitimi non carborundum

 

 

 

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Might be worthwhile asking for a written  breakdown of rhe fees cgharge, as there are fees set down in the Taking Control of Goods Regulations.  There is NO right of entry for them at that stage, the threat of the police is another tactic to force payment, but the police are not well versed in Civil Enforcement law, so often unwittingly assist the EO.  Others will be along soon with further suggestions

 

As is stands the debt is paid so no more worry of them calling again, but it could be worthwhile challenging the fees if they are not compliant with the regs, as in a Sales fee applied even though no goods were taken into Control.


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Thank you I thought as much but as soon as I challenged them there mood changed dramatically and as it states in there letter additional fees maybe incurred upon attendance in accordance with the taking of goods which they didn’t need to do. 

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I know that this is not want you want to hear but it is such a shame that you had defaulted on such an excellent  payment arrangement (spread over a 12 month period). 

 

When you made the payment arrangement, did you do so following receipt of a Notice of Enforcement? What I trying to understand is whether or not there had been a previous visit?

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Hi yes I know I’m an idiot for defaulting but I had some other issues which I won’t bore you with but I did contact them and explained my situation. Yes this arrangement was made following an enforcement notice by post I have never had a visit from any officer other than last night but I have communicated with one on phone. 

 

Thank you 

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16 minutes ago, Revala69 said:

Hi yes I know I’m an idiot for defaulting but I had some other issues which I won’t bore you with but I did contact them and explained my situation. Yes this arrangement was made following an enforcement notice by post I have never had a visit from any officer other than last night but I have communicated with one on phone. 

 

Thank you 

When the officer was inside the house, did he make a list (or inventory) of items that he intended on taking? 

You need to take the advice of Brassnecked and apply for a detailed breakdown of the fees charged asap. 

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Hi they didn’t enter the house they said that they would need to call the police to do this. 

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The Police would not have been able to assist them to gain entry into your residential property. That is a FACT. This is merely a CIVIL debt. If it had of been a criminal debt (for example; an unpaid magistrate court FINE), then entry could be gained into your property by force.

 

The only asset that the officer could possibly have seized would have been your vehicle. With no previous visit and no inventory made, it is even more important to obtain a breakdown of fees charged....and quickly.

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Ok I have just come off of the phone to CES and I am shocked to say the least.

 

£3762.69 original debt 

£77.26 interest awarded to EON

£90.00 HC fee

£228.00 agent fee

£223.98 7.5 fee as it’s over £1000.00

£594.00 Stage 2 Fee

£630.00 Sale & Disposable Fee (even though nothing was taken and the did not enter the house)

 

I had made 2 payments as agreed for £322.00 in March and April (April was late). 

 

From what the lady was saying there isn’t anything I can do about these fee’s is that correct? I am now in even more debt then when I started how can that be a fair law of the land ?

 

thank you 

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I would be tempted to challenge the Sale & Disposal Fee, as no goods were taken into control. Perhaps BA or ploddertom could also indicate if there is a reasonable course of action.


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Thank you I appreciate this advise I would really appreciate it if one of you could help me word the challenge. Also I told the lady that i would be complaining about there intimidating tactics and aggressive behaviour they where also looking through the kitchen window scowling at my 13 year old son who was having his dinner, they also noticed them taking a picture of the kitchen window from there car. 

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If this was the only visit made and no inventory taken, then only the Stage 1 fee should be charged. The stage 2 fee of £594 is highly questionable and with regards to the Sale Stage fee of £630...….needs to be removed. 

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Thank you BA have you got any advise how to word my challenge or should I get legal help ?

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I would send a Formal Complaint to the Enforcement Agency,  CES saying that the fees don't add up and as per BA the Stage 2 and sales Fees are not applicable,  so should be refunded, then take it from there, copy your MP in to that one. 


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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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An odd question you may think but an important one. The enforcement officers came into your car. How much roughly is the car worth and is it subject to finance?

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Not so odd BA if they try to claim they took i the car nto control, whether they will retrospectively create paperwork is another matter.

 


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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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Yes I did think the same actually however I did explain as soon as we got in the car that it is on finance. 

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11 hours ago, brassnecked said:

Not so odd BA if they try to claim they took the car into control,

 

You know me too well !!

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The Regulations have closed down many of their old loopholes, but they will still try it on with Fees not applicable being added hoping the debtor will roll over and pay without a whimper.  EON seem to be a particularly litigious Utility, with appalling customer service.  They do however remain liable for any acts or misdeeds by their appointed Agents  CES .

 

Are EON still your supplier, or is the debt a result of a switch and final bill?


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No we have since moved house and switched to another supplier who are so much less expensive and I agree with the appalling customer service. I am in the process of drafting a complaint letter to CES and copying in my local MP

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Mention that their Agents CES overcharged you with their Stage 2 and Sales Fee that weren't applicable and that they are vicariously liable joint and severally with their Agents CES. might help perk the MP up as well  regarding  ongoing issues  like overcharging with non applicable Fees by  Enforcement  Agents.


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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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Thank you Should I be writing this letter to CES or EON or both BN ? 

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Complain to CES, mentioning that the Stage 2 Fee and Sales Fee were incorrectly applied and you want them refunded. and copy EON in stating on their copy that you have been overcharged by their Agent, and also send to MP

 

CES will most likely say all was correct, but see what they come up with as a reply.


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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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Posted (edited)
47 minutes ago, Revala69 said:

 I am in the process of drafting a complaint letter to CES and copying in my local MP

If you could wait until later this evening, I should have time to provide some input. 

Edited by Bailiff Advice

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