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    • Hi Guys,   My friends wife ignored letters from Horizon Parking and their solicitors and now has a CCJ registered on her credit file.   Stupidiy, she also ignore the claims form which come from Northampton Bulk centre as it looked photocopied and she thought it was fake. At the same time her work colleague did the same.   Her work colleague went to stand as guarantor for her daughters loan and got refused, she has now found out that a CCJ has been registered two months ago, so my friends wife checked her credit file and has the same, from two months ago.   Both received claims forms and didn't fill them in. Neither of them have received notification of judgement however. I am right in saying still that they should of done and would of been given the opportunity to pay the claim within. month at that point and not have a CCJ permanently on their file. If this is the case, what is the way forward? Set a-side ?
    • EXHIBIT K   24th March 2019   Lowell Portfolio I Ltd 9 Savannah Way Leeds LS10 1AB   Dear Sirs   Your Ref: 196951198     MFS Portfolio Limited v Phelan West (2019) I write to draw your attention to recent successful appeal case regarding a personal current account with overdraft facility; the decision was made before HHJ Walden-Smith sitting at Cambridge County Court. In this instant case the Appeal court found the personal Current Account Overdraft agreement to be unenforceable pursuant to the Consumer Credit Act because of lack of evidence of compliance with the requirements of the OFT determination. It was also accepted that Creditors must comply with S 78 Consumer Credit Act 1974 requests relating to personal Current Account Overdrafts, not just credit cards and loans. In this case the Appeal court did find that MFS Portfolio Ltd had complied with the S 78 Consumer Credit Act request. If they hadn’t complied with the statutory request then the personal Current Account Overdraft would have been unenforceable pursuant to s.78 (6) (a) Consumer Credit Act.    In view of foregoing, I note that your company have failed to comply with S78 CCA 1974 therefore your claim is unenforceable. So it is in your own interest (and to save cost) that I demand yourselves to discontinue this matter with immediate effect, otherwise I would be seeking compensation awarded against your company through the court for my time and legal cost to myself for consulting solicitors for advise in defending this claim which I consider not valid since you couldn’t also substantiate it when ask to prove it.   Yours sincerely
    • Hi Micky,   The letter you sent was your Prelim Letter and you should send an LBA before issuing proceedings.   1. Who replied to your letter that was taken in to the Chingford store - eg was it the store manager.   I suggest you send your LBA to the store Head Office enclosing a copy of the original letter and give them a final 14 days to reply and refund.
    • I will just keep quiet. Hopefully it is something she has seen on a credit file. No ones pursued me yet so I will keep fingers crossed.   I feel after 12 years of being divorced these things should have been settled by banks and companies by now.   Like I said it has been so long I have no recollection of it.
    • Hey - thanks for the reply.   So yes they have entered the 6k claim, and I have chosen to defend it.  I think I have a solid case to argue it.   So if I argue successfully and say the judge does side me with the 2k option and I pay it within 28 days it will clear?   Alternatively.  If I fight it and lose, the full 6k will obviously be due....  Again, if I pay that will it be removed within 28 days?
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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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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 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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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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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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