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I would find out what happened to your payment first. Ring the bailiff tell them you have already paid this money, and you did not receive any NOE even if they sent one. Ask them what they think you should do as you cannot meet the remaining sum.

 

The may just write off the fee, if they dont come back on ,and tell us what they have said.


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I should point out, that since you are now living abroad, enforcement of that writ would be very difficult. 

My  feeling is that the Bailiff would drop the case and claim the £90 from the creditor. 

It would be for the creditor to pursue then.

 

The bailiff should not be pestering the occupant of your previous 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

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The Plot thickens..

Here is the response from the creditor:

 

I thank you for your email of 24 March and apologise for not being able to respond earlier.

I also acknowledge receipt of the payment of £1,360 in respect of the judgment debt. Unfortunately I cannot accept this as full payment.

The Sheriff confirmed to you in their email of 13 March 2020 the judgment debt now stands £2,128.14. After deduction of the above payment there is a shortfall of £943.27. I require immediatae payment of this shortfall to avoid any further enforcement action against you.

In response to your email I set out the followiing chronology:

1. (Creditor)sent you a letter before action on 6 September 2018 to your email address

 

2. No response received so I requested a trace and xxxxxxxx came back in February 2019 as your address.

 

3. The letter before action was sent to you again at the above address on 18 February 2019. This was letter was not returned by the Post Office as undeliverable and is, therfore, deemed served.

 

4. No response was received from you so Court proceedings were issued at the above address. The proceedings were served by the Court. I was notified by the Court that the proceedings had been returned by the Post Office and deemed to be 'unserved' unless the address given was not the relevant address for the purpose of rule 6.18 CPR. I reviewed the matter and requested a further trace, which came back with the same address. Therefore, it was not necessary for me to take any further action to serve the proceedings as the address used was shown to be the correct one.

 

5.I requested judgment in default of your response and on 10 June 2019 I sent a copy of the judgment to the above email and postal address. This letter was not returned by the Post Office, so again is deemed served upon you. You did not respond to either communication.

 

6. On 8 January 2020 I considered enforcement steps. A further trace confirmed you were still living at the above address so I prepared a Writ of Control. Upon the Sheriff attending at the above address you have made contact and made a part payment.

 

Taking the above into consideration I am confident the Court will conclude that you have received service of all of the documentation in respect of this claim. I was aware from receiving xxxxxxxx file that you worked out of the country. This is the reaons why I carried out traces to identify your address. I also sent correspondence to you via email. You have had opportunity to contact us to avoid the Court fees and costs which are incurred when enforcing a judgment debt, but have failed to do so.

If you feel there are issues which should be considered by the Court in respect of the judgment obtained then I invite you to make an application to the Court setting out the same. Please provide me with a copy of the application when you submit it to the Court.

Alternatively, I request payment of the balance of £943.27 within 14 days, failing which the Sheriff will be instructed to continue with the Writ.

 

 

 

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Here's the reply from Andrew Wilson:

 

Dear xxxx

 

We write further to your email dated 6 April 2020.

 

Please find attached a copy of the letter sent from the Claimant to your email address. They have confirmed that the required methods of service to obtain the Judgment in respect of this Claim were followed.

 

Once a Judgment was awarded a further trace was then conducted confirming that you were residing at the enforcement address. Following our attendances at that property, you have made contact with the Claimant directly and they are now in receipt of your payment of £1,360.00.

 

To date, there have been multiple attendances on this case and a large volume of work has been completed in an attempt to recover this debt. We note the contents of your email, but it would appear that you are refusing to provide payment of the outstanding balance. To bring about a conclusion of this matter however, we are prepared to reduce the enforcement fees by £594.00 if payment of £349.27 is made by Tuesday 14 April 2020.

 

If payment is not made then this case will be re-assigned for further enforcement and the fees re-applied. Please note that the Judgment will also remain outstanding in your name which can have an effect on your credit rating.

 

I will place this matter on Hold – awaiting your urgent response until this Friday.

 

Kind Regards,

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The trace they used was the simplest E-trace and it came up with that address as I used it to get a new debit card delivered as the bank wont send cards internationally.

 

I have a statement from a UK bank which shows my overseas address. Should I send a redacted copy of this to Andrew Wilson as evidence that I do not reside at the address on the writ and didn't at the time the writ was issued.

 

Will this be sufficient to stop them knocking at the incorrect address ?

 

They still haven't supplied a copy of the notice of enforcement or any documentation related to the visits they've allegedly made.

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If you can afford to pay the £349.27 it may be advisable to pay this and argue about process afterwards. You had a UK address on UK records and they chased the debt, which was their job, for which they are allowed to add their fees.

 

Not doubting you may have perfectly reasonable issues with the process, but there are ways you can raise it as a complaint, which may then result in fees being refunded, if your complain is upheld. These HCEO companies will just continue until they receive the fees they believe are due,


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On 24/03/2020 at 14:21, Andyorch said:

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

 

Payment has been accepted...the costs are slowly being discounted in desperation.If you pay you will never get a refund no matter what complaints.

 

Andy


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My thought was just to close this episode, rather than let in drag on causing more hassle. Depends on OP's financial circumstances. The HCEO may be reluctant to go back to the Solicitors, if they believe they could lose out on future business. 

 

Of course, once paid it will be incredibly difficult to get the money back.


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Have you requested a breakdown of the fees being applied, or have I missed it?

 

 

 

 


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

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They’ve charged for all the stages of enforcement they can (1&2)plus the compliance fee of £75. 

All without having any contact with me at all. 

 

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Sale fee as well?


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

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Is there a fee breakdown available?

If not you need to request one, and put it up on here.


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

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Posted (edited)
6 minutes ago, Peterbard said:

Sale fee as well?

£928.64 in total but not the sale fee. 

£75 compliance

£190 stage one 

£13.87 1% fee

£495 stage two

£154.77 VAT 

Edited by Brenda1995

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On 24/03/2020 at 13:09, dx100uk said:

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

 

you were resident abroad, end of the matter!!

 

 

 

pers i'd…^^^

 

you owe nothing to anyone.

they judgement/claim was issued when you were not resident in this country

dx

 


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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DX. There is nothing wrong with accepting money which is owed too you, with or without a CCJ.

 

 

 

 


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

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Its a moot point, but this may be another case of paying the creditor direct and shooting yourself in the foot.

 

If you took a separate claim against the HCEO(section 66) for not following the rules in order to enforce the initial payment.

 

AW could just say, "but she didn't pay us". We couldn't enforce because we hadn't sent a NOE yet as the debtor says, we were just notifying the debtor we had located her.

 


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

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If no one has called, all they can claim is the compliance fee plus VAT (£90), nothing more.

 

 


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

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