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    • if you wish to put up everything like    your defence claimants WS defendants WS   then im sure those here now and future victims will find it of value   if you read upload carefully you'll see its best to upload each as a separate multipage PDF but ofcourse you'll have to redact each page as a jpg picture 1st before merging each to the relevant multipage pdf .   dx  
    • Thanks I’m happy to put something back ! I didn’t have the courage of my convictions to counter claim even though I was really quite proud of the thoroughness of my court bundle ! i really wanted the opportunity to get into the detail with the judge and felt quite cheated when it ended, but of course I realised that they had just moved on to their next victim  will watch this space 👍  
    • I have created your own topic for this as its import to have it own one but placed a link on the thread you posted on.   you should never counterclaim that exposes you to further cost and rarely succeeds esp if they disc' the claim always best to state in a sep letter you will be seeking costs esp loss of days wages at £90 which most judges allow.   as for an sar, its p'haps always better to issue a cpr 31:14 too or in replacement of, an sar.   well done on your important win
    • My wife has directed me to post on this thread as I have just successfully won against these charlatans   My hearing date was all set at my local court for 31st October 2019 all defence papers were filed and served and frankly I was really looking forward to it! This morning I received a letter from BW legal stating in a one line response that I was to take this letter as a notice of discontinuance whereby the claimant KBT (armtrac) discontinues all of the claim. I am beyond disappointed that I didn’t get my chance to see these idiots across a desk! And that’s it I don’t appear to be able to take this further? I now realise I should of had the courage of my convictions and faith in the advice of others to issue a counterclaim! What I have now in my possession is a file of information which would be Gold-dust to the next person in my position! I feel like I would be able to get some sort of closure if I could pass some of this wisdom on but there are many posters here already and every case is different in its own way The key points in my defence were as follows and useful to anyone ‘caught’ at Sandy Acres. Keep the original parking ticket you purchased and send a copy to KBT with a covering letter ASAP do not identify the driver at any stage of the process!!!!  The blue sign uses the word penalty which is contrary to the IPC codes of practice  The red and white sign has a café open sign in front of it  which obscures it from the drivers view both available to download via Google maps Check the date you receive NTK mine was 71 days Do an SAR and you will get back the pictures of the alleged offence in my case they were of such poor quality you could not tell which way up the ticket was in the photo and in no image they held was there a picture showing the ticket and the vehicle numberplate. They offered no other evidence. Pretty soon you will see the money is being sought escalate until they no longer match the figure on the NTK even if it is sent within 56 days When you see a breakdown of costs for the money being sought it will ultimately include legal costs, typically £60 that the solicitor knows cannot be recovered in Small Claims Court. Personally I am now considering reporting BW legal to the law society or solicitors ombudsman for being party to a process which is fundamentally dishonest, an abuse of process, and a complete waste of court resources?   i am happy to help anyone who needs assistance but rest assured that their case against you relies on you caving in and paying, they have no plan B but will try and make you doubt your ability to defend yourself.   Dont worry about small claims Court, it isn’t crown court, just an office with 3 desks and certainly less stressful than a job interview or meeting with the bank and less at stake.   I got to one week from my court date and they gave up!
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tezza1234

14 year old welcome finance CCJ now Intrum chasing

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


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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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Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

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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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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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Get Andyorch to pop in PM him, you will need the necessary forms and ask redetermination on this one apply for time to pay, never ignore CCJs at the outset, see what Andy has to say/advise, or CB


:mad2::-x:jaw::sad:

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I didnt ignore it, i only knew of it after it was issued, hence why i attended the court by appointment and showed them im not refusing to pay i just live on a minus amount and cant afford to.

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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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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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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


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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

 

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 looked into a DRO but my total debts are £18k odd :(

 

thanks 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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Isn't my car protected as I am self employed and I need my car for work

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No it won't be. Advice would be to start parking it a good few streets away from your house so they can't levy on it

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Isn't my car protected as I am self employed and I need my car for work

 

That depends on different factors - the job you do, insurance details, who else drives it etc.


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