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Bailiff attended my property regarding an unpaid debt with Hitachi capital in my absence and issued a n56


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Hi and good evening 

 

I recently returned home to find a letter from HM courts and  Tribunals service which was placed upon the top of my buildings letterboxes stating the following

 

 

I have called at your address because I have an order issued by the court which I'm required to serve upon you personally and I was unable to meet you.

 

If a form has been enclosed with this letter then provided you fully complete and return the form to the court at the above address immediately then you will not be required to meet the bailiff.

 

WARNING 

failure comply with the orders of the court can result in you being fined,sent to prison or both. 

You should therefore act now to avoid this happening to you.

 

( they enclosed a form n56 with this letter, with HITACHI CAPITAL the judgement creditor)

 

From the outset I can categorically state I have never had no dealings with Hitachi capital  ever as I rarely have had any type of credit besides phone contracts and broadband.

 

So this has led me to download an app called clearscore which my friend recommended to check my credit report, upon being registered to my shock, it states I had a CCJ and this CCJ was removed from my file this September (2021) dated from 23rd Sep 2015

 

The case no of this report is identical to the case no as stipulated on the court documents received. 

 

I've never had a letter like this and nor have I dealt with Hitachi capital.

 

I am now at a total loss at what I'm supposed to do.

 

Is it possible for someone on this forum to kindly advise  please as I'm now slightly miffed and anxious as to what will happen and what can I do to prove this isn't me.

 

Many many kind thanks in advance. 

 

 

 

 

 

 

 

 

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When was the last time you moved?

Looks like it might be historical identity theft?

 

you have the ccj number go ring northants bulk and ask for a copy of the judgement and claimform by email pdf.

 

 N56 is the form in response to an attachment to earning order. You need to fill it in disputing the order as you know nothing about the debt/judgement as it appears to be historical id theft.

 

just to reassure you. There is no right of forced entry on consumer credit debt.

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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Hi thank you  for your cordial response on this.

 

I moved to my recent address just over 4 years ago.

In regards to identity theft I was thinking something along that line.

 

Just as a point of query when you mention ringing northants bulk and requesting a claim form, what claim form would this be please. 

 

I have already filled in the n56 form thinking it's a legal requirement to do so, but subsequently sought advice from a friend who pointed me to seeking advice from here, where I already had an account, I haven't posted the form off,should I wait until they send me another one in the post? 

 

I don't want them to start automatically taking deductions from my earnings for something I am trying to highly dispute. I mean can they even do that? As I doubt the court or Hitachi know my employer, but I work in security and it may be the case that my employer may take a dim view of some alleged debt I owe and it may affect my job position.

 

Another point of interest was that it was posted to the building number and not my specific flat number at this building,which leads me to believe they're not too clued up as to my correct address.

 

And thank you for your reassurance, it's calmed my mind quite a bit.

 

Many many  thanks 

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Note the ccj number

You need copies of the judgement ccj and the claimform (address and particulars of claim text

 

before your moved 4yrs ago when was the last one. You must have also moved close to just before the ccj date.

 

have a read of these threads

they will tell you how to fill the n56 in properly disputing the debt.

 

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... 

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You should only complete box 10 if you are categorically sure its not your debt " I would like a suspended the order because " This only applies though if the AOE hasn’t already been granted and the suspension is at the discretion of the Court.

 

Sign and date and return within 8 days from receipt. It is an offence to not return it or give false information.

 

Andy

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would this not be Statue barred anyway. The clear score report does say its been removed 

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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need the poc to ascertain that.

 

but as the op is not engaging with this thread......

 

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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Hi my apologies for my late response, I've been snowed under with work. Pardon my naivety, when you mention " before you moved when was the last one" what were you referring to please.?

 

I did call northants bulk ,waited half an hour and during my call it cut off, upon ringing back I was placed no 35 in the queue ,and had to go to work. I will call them on Monday.

 

I don't know when the CCJ date was so I can't really answer that tbh.  

 

Thank you for your cordial response and the links you sent. 

.

 

10 hours ago, The GodMother said:

would this not be Statue barred anyway. The clear score report does say its been removed 

Hi yes on clear score it says it's been removed I've just checked it again.

Edited by dx100uk
unnecessary previous post quote removed
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you indicated you moved 4 yrs ago. but that would not put you in the window of the the scam if it was being ID theft, so it must have been your move before 4yrs ago, when was that?

 

as for the statute barring.. no a CCJ cant be sb'd. however the 'debt' might have been by the time of the ccj issuance, so thats why we need to exact wording of the poc and the address the claimform was served too.

 

you are in the info gathering stage  and until we know certain info its wrong to speculate.

 

what date was the n56 you must act on that by day 8. as andy pointed too.

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... 

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Share on other sites

Hi, I moved 4 years ago to Manchester, but prior to that I had temporarily lived in various places for about two and a half years ,friends flats ,couch surfing etc, after my relationship ended and had to leave my permanent residence, i was situated in london at the time.

 

The n56 I found on the 17th Sep and filled every section in as I thought I was legally obliged to in panic. In hindsight after seeking advice from my friend I didn't post it. It has my employers details etc on there. Do I cross out everything ,or should I wait for another one to come in the post. 

 

You mention "poc" may I ask what that is please.

 

Edited by dx100uk
unnecessary previous post quote removed
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God no you do not await another one!! You must get it in by day 8 . What date is on it please?

 

I will suspect it was one of your 'mates' that did it and thus  the claim form was sent to one of the addresses listed on your credit file and the loan was taken out in your name after you left as mail was still going there with all your pers details in them 

 

Poc is particulars of claim.

On 16/09/2021 at 20:02, dx100uk said:

you have the ccj number go ring northants bulk and ask for a copy of the judgement and claimform esp the exact wording of the particulars of claim and the address it was served too by email pdf

^^^^Urgent!!  You've now got to wait till Monday

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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Share on other sites

Hi there

 

Yes I'm thinking of crossing out what I've filled in on the form and ask for a suspension on this matter as I've been the victim of identity fraud. It must have been someone from one of my temporary abodes as I did have mail sent to a couple of the addresses.

 

Yes I'll definitely be calling northants bulk on Monday as a matter of urgency, and will post off the form the same day too.

 

I'm not sure what date is on the form but I will definitely check once I'm home and update you on here.

 

Thank you for clarifying the abbreviation. 

Edited by dx100uk
unnecessary previous post quote removed
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Await the info Monday..comeback here with it 1st

  • I agree 1

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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Download a fresh form

 

 

WWW.GOV.UK

Use this form to tell the court details of your finances and employment when someone has started enforcement proceedings against you.

 

  • Thanks 1

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 OTHER

 

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

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Hi, I managed to get through to northants bulk today, spoke to a lady who told me after taking my details,the case no, my address etc, that it's not one of their cases? She then asked me if I knew the total amount ,I said no.

 

She asked regarding the claimants name, after which she enquired as to what letter & form I had been sent, and what court had sent it.

 

She then informed me that because it was my local county court ( manchester) who are dealing with it they're the ones I will have to go through as she'll be " limited as to what she'll be able to say". 

 

I have her my reasons why I've called ie obtain a copy of the judgement and the claim form, she said " the claim form when it was initially issued is not something we can send out again,but the court will be able to send you case details & I'll be able to get them through my local court,they're will be a £10 fee for copies of documents but I'll need to go through Manchester county court who have the case file" 

 

I asked if Manchester Will have the claim form? She said no as the claim form can't be reproduced,but I'll be able to get case details which will have the information which would have been in the claim form. They will have the particulars of claim, which will tell you what the claim was about.

 

I asked if their is any way I can get the claim form, she responded with " the claim form can't be reproduced" but you can get case details which will the information that would have been on the claim form through Manchester county court, and a copy of the judgement will come from there too,as they are dealing with it now.

 

She told me the case was initially at a different county court (name indistinguishable due to bad connection) and is not a case they've dealt with, and they (northants bulk) only deal with online claims?  And mine was a manual claim, so I'm to contact Manchester,as I need to go to them direct. 

 

So I'm kind of lost now in terms of what steps to take next.

 

 

In regards to what date was on the bailiffs letter he left it blank, and only filled in the area underneath which asked for " ref " which he filled in with one letter and one number.

 

 

On 19/09/2021 at 02:55, dx100uk said:

God no you do not await another one!! You must get it in by day 8 . What date is on it please?

 

I will suspect it was one of your 'mates' that did it and thus  the claim form was sent to one of the addresses listed on your credit file and the loan was taken out in your name after you left as mail was still going there with all your pers details in them 

 

Poc is particulars of claim.

^^^^Urgent!!  You've now got to wait till Monday

Hi there

 

Yes I'm thinking of crossing out what I've filled in on the form and ask for a suspension on this matter as I've been the victim of identity fraud. It must have been someone from one of my temporary abodes as I did have mail sent to a couple of the addresses.

 

Yes I'll definitely be calling northants bulk on Monday as a matter of urgency, and will post off the form the same day too.

 

I'm not sure what date is on the form but I will definitely check once I'm home and update you on here.

 

Thank you for clarifying the abbreviation. 

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get onto manchester then.

 

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... 

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Share on other sites

5 minutes ago, dx100uk said:

get onto manchester then.

 

dx

 

 I managed  to get through to northants bulk today, spoke to a lady who told me after taking my details,the case no, my address etc, that it's not one of their cases? She then asked me if I knew the total amount ,I said no.

 

She asked regarding the claimants name, after which she enquired as to what letter & form I had been sent, and what court had sent it.

 

She then informed me that because it was my local county court ( manchester) who are dealing with it they're the ones I will have to go through as she'll be " limited as to what she'll be able to say". 

 

I have her my reasons why I've called ie obtain a copy of the judgement and the claim form, she said " the claim form when it was initially issued is not something we can send out again,but the court will be able to send you case details & I'll be able to get them through my local court,they're will be a £10 fee for copies of documents but I'll need to go through Manchester county court who have the case file" 

 

I asked if Manchester Will have the claim form? She said no as the claim form can't be reproduced,but I'll be able to get case details which will have the information which would have been in the claim form. They will have the particulars of claim, which will tell you what the claim was about.

 

I asked if their is any way I can get the claim form, she responded with " the claim form can't be reproduced" but you can get case details which will the information that would have been on the claim form through Manchester county court, and a copy of the judgement will come from there too,as they are dealing with it now.

 

She told me the case was initially at a different county court (name indistinguishable due to bad connection) and is not a case they've dealt with, and they (northants bulk) only deal with online claims?  And mine was a manual claim, so I'm to contact Manchester,as I need to go to them direct. 

 

So I'm kind of lost now in terms of what steps to take next.

 

 

In regards to what date was on the bailiffs letter he left it blank, and only filled in the area underneath which asked for " ref " which he filled in with one letter and one number.

 

 

On 19/09/2021 at 02:55, dx100uk said:

God no you do not await another one!! You must get it in by day 8 . What date is on it please?

 

I will suspect it was one of your 'mates' that did it and thus  the claim form was sent to one of the addresses listed on your credit file and the loan was taken out in your name after you left as mail was still going there with all your pers details in them 

 

Poc is particulars of claim.

^^^^Urgent!!  You've now got to wait till Monday

Hi there

 

Yes I'm thinking of crossing out what I've filled in on the form and ask for a suspension on this matter as I've been the victim of identity fraud. It must have been someone from one of my temporary abodes as I did have mail sent to a couple of the addresses.

 

Yes I'll definitely be calling northants bulk on Monday as a matter of urgency, and will post off the form the same day too.

 

I'm not sure what date is on the form but I will definitely check once I'm home and update you on here.

 

Thank you for clarifying the abbreviation. 

 

Hi ,just to ask, would I still be subject to the 8 day reply thing,as he's not put a date on the letter,and would you have any idea why he did that. 

 

Many thanks

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why have you simply repeated your post?

 

 

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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  • 4 weeks later...

how did this go?

 

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... 

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Hello, yes I've contacted the court, and was told they need to find the case,as they are having trouble locating it,and as of yet I've not received any correspondence regarding the matter ,so I'm still waiting.

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and no return of bailiffs?

 

 

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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Share on other sites

well you could chase the court or just let it run

the n56 must have been accepted as the bailiffs have not returned......

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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