Jump to content


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 373 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi

On the 10th March I received an email from Andrew Wilson advising me of a CCJ that had been transferred to a writ.

 

The Judgement was by default as I left the UK 10 years ago and was addressed to my childhood home where my mum still resides.

 

The sum includes charges for notification and enforcement, yet I was not resident at that address and have since sent them details of my last UK address and a copy of an (expired) residency permit overseas.

 

The original email did not include notice of enforcement, on request they provided a copy of the writ of transfer.

They have sent a bill including their charges but not the actual letter of enforcement.

 

The original debt has been paid to the creditor and the costs and interest too and I still haven't been served the notice of enforcement following the correct format including the 7 days to pay etc.

 

Where do I stand ?

Does a notice served at the incorrect address count ?

Link to post
Share on other sites

Hi and Welcome to CAG

 

What date did you settle the CCJ ?

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

yea go get that moneyback..who did you pay? and how and when?

 

you were resident abroad, end of the matter!!

 

 

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... 

Link to post
Share on other sites

.

Was the date on the notice of the bill, (the document which informed you the debt was with AW ),  before or after you paid the bill, by what means did you pay the bill and to whom did you pay it , creditor or bailiff?

Edited by Peterbard

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

Link to post
Share on other sites
21 minutes ago, Peterbard said:

.

Was the date on the notice of the bill, (the document which informed you the debt was with AW ),  before or after you paid the bill, by what means did you pay the bill and to whom did you pay it , creditor or bailiff?

 

I received the copy of the original writ on the 13th March, It was a copy of the writ not the notice of enforcement.

I've paid the original creditor as I owed them the money and don't dispute that, it was an oversight and their mails went to my spam folder.

Paid it by bank transfer.  

 

24 minutes ago, Andyorch said:

Hi and Welcome to CAG

 

What date did you settle the CCJ ?

 

Andy

Hi Andy,

I settled It with the original creditor as soon as I found who it was and how much it was for (Excluding the enforcement charges added by Andrew Wilson.

Link to post
Share on other sites

what was the debt?

who says you owed the money?

throw your morality card out the window..

 

you were? resident abroad at the time of the CCJ, you can't be issued with a judgement whilst resident abroad.

 

 

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... 

Link to post
Share on other sites

you say it was 10yrs ago.

what when you were in court regarding the divorce? ie when did that end?

 

and when did they issue the ccj please?

 

if its more than 6yrs between the two the debt is also statute barred!!

 

dx

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... 

Link to post
Share on other sites
4 minutes ago, Brenda1995 said:

Hi Andy,

I settled It with the original creditor as soon as I found who it was and how much it was for (Excluding the enforcement charges added by Andrew Wilson.

 

 

Which was before or after receiving the Writ ?   You paid and cut out the Bailiff fees 

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Well they probably did but sent notification to your previous address...however if you had not been served correctly then I would wait and see what they intend to do with their costs.

Did the Solicitor issued an acknowledgment/Receipt of payment ? 

Have you checked the CCJ Registry Trust that it has been updated and CRA files marked as satisfied ?

 

https://www.trustonline.org.uk/?gclid=CjwKCAjw3-bzBRBhEiwAgnnLCrKjHc5c2_sTwDYVftQfu0942f5lRua94a-bSKTg6CK5BKgXZLwB5xoCR4oQAvD_BwE

 

You can request a certificate of payment of the judgment from the court that issued the CCJ.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

It's just been paid and the follow up email to the solicitor has been sent, no reply as yet.

I'll get that marked as satisfied as soon as the solicitor acknowledges receipt of payment.

 

My plan is... that I now just ignore the agent and let it run 12 months as unsatisfied and then the original creditor has to re apply for another writ which I assume they won't do as the debt is paid.  

Link to post
Share on other sites

 

So you are saying, the bailiff had done their work in contacting you, within the statutory timescale but because the notice was not compliant in form, you do not have to pay their fees?

That is even though the showed the writ

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

Link to post
Share on other sites

I honestly don't know what I'm saying or how the process works, I just feel that emailing me isn't following the process. Adding the best part of 1k for sending an email seems excessive.

Link to post
Share on other sites

Well you could be right. The requirements of section 7 do state that the notice must be sent in order for the enforcement can continue. Many have taken a view as you have. Some have taken the more equitable view ad it has been found to be enough that the information was supplied.

 

Really the creditor should send your payment to the bailiff and then he should take his fees, as per the schedule 12,and credit the balance to the sum due to the court. AS a result you would still owe off the debt.

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

Link to post
Share on other sites

If the Solicitor accepts your payment.....he will become liable for the Bailiffs costs.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

As Andy says, the creditor will be liable for the enforcement stage bill also.

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

Link to post
Share on other sites
24 minutes ago, Peterbard said:

As Andy says, the creditor will be liable for the enforcement stage bill also.

So if I haven’t received the first notice saying I have seven days to pay can they just move onto to second action and charge me for it ? That’s my main point of contention. 

If I get them to follow the procedure and send my the 1st notification then I’ll Just pay the £70 and be done with it. 

Link to post
Share on other sites

As per my post #12...you have not been served correctly..therefore the process is invalid.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites
2 hours ago, Brenda1995 said:

So if I haven’t received the first notice saying I have seven days to pay can they just move onto to second action and charge me for it ? That’s my main point of contention. 

If I get them to follow the procedure and send my the 1st notification then I’ll Just pay the £70 and be done with it. 

 

The money has been paid yes, but did they call(enforce)to get it? they did not send a notice, you say. They just sent an arrears note.

did they continue the action ?? If they didn't, there is no breach of the act, you paid voluntarily.  Fees are due on the bailiff recieving the writ, not sending the NOE to you. see below.

 

or this is what they say,

 

The compliance fee is for all actions

6.—(1) The relevant stages of enforcement under an enforcement power conferred by a High Court writ are as follows—, 

(a)the compliance stage, which comprises all activities relating to enforcement from the receipt by the enforcement agent of instructions to use that procedure in relation to a sum to be recovered up to but not including the commencement of the first enforcement stage, or, where sub-paragraph (c)(i) applies, the commencement of the

second enforcement stage.

Stages of enforcement for which fees may be recovered – enforcement other than under High Court writs

5.—(1) The relevant stages of enforcement under an enforcement power which is not conferred by a High Court writ are as follows—

(a)the compliance stage, which comprises all activities relating to enforcement from the receipt by the enforcement agent of instructions to use that procedure in relation to a sum to be recovered up to but not including the commencement of the enforcement stage;

 

 

Edited by Peterbard
repeating myself

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

Link to post
Share on other sites

no!!

 

no NOE for the correct address.

and the CCJ is invalid anyway

what you've done is paid the creditor what you owed + a bit for court fees I expect too?

 

so if you wanted to be pedantic you could run the N244 route (£255) get it set aside but to what end..simply another £255 for nothing different than what you have done.

 

the bailiff can wave his arms around all he likes

cant enforce anything in the 1st place let alone his fees.

nothing there is yours anyway. not your property either

 

 

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... 

Link to post
Share on other sites
3 hours ago, Brenda1995 said:

So if I haven’t received the first notice saying I have seven days to pay can they just move onto to second action and charge me for it ? That’s my main point of contention. 

If I get them to follow the procedure and send my the 1st notification then I’ll Just pay the £70 and be done with it. 

 

The money has been paid yes, but did they call(enforce)to get it? they did not send a notice, you say. They just sent an arrears note.

did they continue the action ?? If they didn't, there is no breach of the act, you paid voluntarily.  Fees are due on the bailiff recieving the writ, not sending the NOE to you. see below.

 

or this is what they say,

 

The compliance fee is for all actions

6.—(1) The relevant stages of enforcement under an enforcement power conferred by a High Court writ are as follows—, 

(a)the compliance stage, which comprises all activities relating to enforcement from the receipt by the enforcement agent of instructions to use that procedure in relation to a sum to be recovered up to but not including the commencement of the first enforcement stage, or, where sub-paragraph (c)(i) applies, the commencement of the

second enforcement stage;and it is dueon the receipt of the writ by thebailiff and signed for, not when the letter is sent.

Stages of enforcement for which fees may be recovered – enforcement other than under High Court writs

5.—(1) The relevant stages of enforcement under an enforcement power which is not conferred by a High Court writ are as follows—

(a)the compliance stage, which comprises all activities relating to enforcement from the receipt by the enforcement agent of instructions to use that procedure in relation to a sum to be recovered up to but not including the commencement of the enforcement stage;

 

No my fault, I should have made it clearer for you.

 

How much would you still owe, is it just the Compliance fee of £90

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

Link to post
Share on other sites

The act says that the bailiff fee is due when the bailiff receives the writ from the court, not when the bailiff sends a letter to you. He would have had to find you and process you case. So yes in this regard he is due his fee.

He would not however be permited to continue to enforce, (visit you) until he sends a compliant notice to your new address.

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...