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    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
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14 year old welcome finance CCJ now Intrum chasing


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we wont know till we see the statements.....................

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Presumably you have made some payments so these need taking into account. As dx says - wait till you see the statements.

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Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 3 weeks later...

update..... Nothing new at all really.

 

 

I have sent a SAR to welcome so will wait and see.

I seems the CCJ may have been issued just before the 6 years to which it would have become SB,

Welcome tried to get a attachment of earnings which was rejected as im self employed,

and i had my interview with CC officer in which i provided evidence of being minus £200 a month.

 

Once a CCJ has been issued,

can it still be set aside at a later date,

if so under what grounds.

 

 

Im thinking if there are £2k of charges on top of original balance,

would the CCJ amount just be reduced or set aside.

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  • 4 weeks later...

Help, im in a panic, have just got in and have a unwelcome letter in the postbox from my local CC

 

It is a Notice of Issue of warrant of Execution, it says

 

You have not made a payment under the judgement you were ordered,

the claiment has therfor asked for a warrant to be issued to the baliff to seize and sell your goods

unless i pay the ammount due £5,073,44 before 3rd August 2013

 

What can i do,

how can i stop this.

 

I know a CCJ was issued in january and Welcome tried to get a attachment of earnings which failed as im self employed,

 

i rent so they could not get a house possestion thingy, and the last one was about 5 weeks ago when i had to attend court

and see a court officer and i proved i am living on minus £200 odd a month,

i have no savings, nothing.

 

The only thing i have of value is my car but isnt this safe from being taken as im self employed.

 

Please someone help

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What happened when you went to the court for the interrogation of your earnings ?

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The court guy filled out a form and i took proof which clearly shows i am living in debt

and i have no savings or anything of any value except a car (worth about 1k) which i was told will be safe as i am self employed.

 

I made a offer of £1 a month as a token payment and the form was sent to Welcome by the court.

Now this Notice of issue of warrant of execution in the post.

Not even much notice, the 3rd is saturday, i only received this today

 

Do i need to fill out a N245, if so how long does this take and how much does it cost

Edited by dx100uk
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you should have tried to get a set-aside app in as soon as you could.

once you have a judgement against you,

the momemtum is against you until you do something.

 

 

It's probably way to late apply for a set aside now,

which is a shame as I'm fairly sure their was proabably a case to fight here.

Especially considering they kept the claim under £5k when they could have gone for more.

 

Now sure what I can add here as I have no experience when matters go this far.

Hopefully one of the big boys will be along soon with some ideas.

 

Good luck

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The court guy filled out a form and i took proof which clearly shows i am living in debt and i have no savings or anything of any value except a car (worth about 1k) which i was told will be safe as i am self employed.

I made a offer of £1 a month as a token payment and the form was sent to Welcome by the court. Now this Notice of issue of warrant of execution in the post. Not even much notice, the 3rd is saturday, i only received this today

 

I think there might have been some cock up with information being filed.. I cant believe they have been made aware of your financial circumstances and have sanctioned a WoE !

 

I have left an S.O.S for you.. I suspect it will be tomorrow before anyone will be able to help.

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3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

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1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

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PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Form N245 - it's a dual purpose form to suspend a Warrant of Execution and also to apply for a Variation Order.

 

 

It's a simple form to fill in with a basic I&E.

Cost of the applicataion is about £45 but if on certain Benefits or a low wage then you may not have to pay

- see Form(s) EX160a & 160c for details.

 

 

Make sure you ring the Bailiffs Office at the Court and inform them you've submitted to Suspend the Warrant.

 

 

Need any help further with the form just shout.

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Hi, i have done a little reading on the N245 form and it would appear i am exempt, but how do i prove this.

I have been self employed since June 2012 and my first self assessment is not due until late this/early next year, so i cant provide the court with them.

 

Ok didnt think about the baliff office at court thanks for that.

The I&E thing is silly as ive already filled it out at court once when i had appointment with court officer,

my situation is complex as i have 2k worth of 'priority debts' ie rent arrears, CTA ect..

. surly these have to come before considering paying a CCJ for a unsecured loan.

 

Is the court likely to accept the N245,

my token offer of £1 per month was obviously declined by welcome,

so what now, do i offer more, i cant really afford anything though thats the point.

 

I also read that if the baliffs visit and it becomes apparent i do not have stuff to the value of the warrant

then they will return it to the court.

 

I know i dont have 5k worth of assets, no where near

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The fortunate thing about the County Court Bailiff is that he is usually quite amenable.

 

Bailiffs collecting for the likes of Council Tax are paid on results whereas the CCB is a salaried employee of the Court Service and should never be in a rush to levy.

 

However the same rules do apply as to any other Bailiff

- do not allow him in to your home and keep anything of value outside under lock and key or out of sight

- most notably a motor vehicle.

 

As for proving your eligibility for exemption I would suggest ring the Court & explain your circumstances they may accept a simple profit & loss account.

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I think ploddertom has given you all the advice that we are able to.

It is now down to you to complete the forms and speak to the court/bailiff, I think.

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4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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i have a 3 year old, my wife is 6 months pregnant and she is emotionally weak,

i cant be in all the time so the thought of a bailiff knocking will send her over the edge.

 

Ill get the forms back to the court asap

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If you can take the Forms to the Court in person, check to see their opening hours & some operate an appointment system.

 

As for your wife's condition then I would urge you to contact the Bailiff Office and advise them of her pregnancy, they may ask for proof in which case a letter from her midwife may suffice.

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Thank you for advice :) i can go to court in person, will do this tomorrow. may i ask a couple of questions.

 

Do CC Bailiff's have any more rights then private,

can they break in,

or do same rules apply (dont answer or let them in)

 

If the N245 is granted, what then

 

This CCJ is on a unsecure loan, do priority debts like rent, council tax not come first as if i didnt pay these id be homeless.

 

If i declare bankruptcy will this CCJ and other debts go away

 

Thanks all for advice.

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tezza, I think you must have missed ploddertom's comments from post 113. :)

 

Some CCJs can be hovered up into bankruptcy and yes, your priority debts come first.

 

Have a word with National Debtline - they could probably advise if B/R or perhaps a Debt Relief Order (if you have no assets, your debts are under £15,000 and under £50.00 disposable income) might be more suitable for you.

 

National Debtline contact details.

 

http://www.nationaldebtline.co.uk/

 

or

call National Debtline free on 0808 808 4000

 

Monday – Friday 9am-9pm

 

Saturday 9.30am-1pm

 

The link below takes you to a fact sheet that gives you some options on how you can deal with your debts, including B/R and DRO.

 

http://www.nationaldebtline.co.uk/england_wales/page.php?page=35_options_for_dealing_with_your_debts

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Thank you for advice :) i can go to court in person, will do this tomorrow. may i ask a couple of questions.

 

Do CC Bailiff's have any more rights then private, can they break in, or do same rules apply (dont answer or let them in)

- no they don't have any more rights and the best thing to do is not to allow them entry.

 

If the N245 is granted, what then

- if a Warrant of Execution has been arranged this will be suspended and the Bailiff put back in his box, depending on whatever terms are given, if you also apply for a Variation Order and it is granted then payments can be set at an affordable level by the Court. If you think they are too high then you apply again, conversely your Creditor could apply to increase them.

 

 

This CCJ is on a unsecure loan, do priority debts like rent, council tax not come first as if i didnt pay these id be homeless.

Sorry this is something I know nothing about

 

If i declare bankruptcy will this CCJ and other debts go away

- I know nothing of BR

 

Thanks all for advice.

 

PT

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i have a coule of threads about general bits on this forum but i have some specific questions i needs answering regarding CC bailiffs.

 

I have a CCJ for the amount of £5,079,14 which was given out in january this year.

 

As i am self employed, on a low income and in receipt of HB, CTB, CTC, WTC and CB i have no money left each month,

 

I was summonsed to CC to apear before a court officer, which i did, and i proved i have nothing, no money and nothing valuable.

 

I offered a token £1 a month to creditor (welcome finance) who have rejected it and now i have just received a Warrant of execution for possession of goods.

 

saying unless i pay the 5k+ by tomorrow a bailiff will come and seize goods to the value.

 

So my questions are.

 

I have nothing of any value, id imagine if my flat was cleared out you may get 1k tops, so if i dont have goods to the full value of the CCJ will a bailiff take anything.

 

I also have a 3 year old and a 6 month pregnant wife at the address. Does this count for anything.

 

Do i even have to answer the door to bailiff if its one with a warrant sent by the CC.

 

Why has the CC issued this warrant full well knowing i have no spare money and no assets.

 

I am in the process of filing a N245 but this is proving somewhat difficult as i dont have the £40 fee

and proving my income when im self employed and not yet done a self assessment.

 

Thanks all

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Yes they can send bailiffs as they have a ccj

 

They won't tell you that at a residential address there is NO right of entry for the bailiffs no locksmith no nothing

 

However any goods outside can have a levy on them car ect

 

It may be wise to get advice from step change about all the options available to you

If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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