Lost Section 21 accelerated possession claim - want help with set aside and counterclaim

[Hunter779]

I had a visit today from bailiff collecting old council tax debt from 2-3 years ago.

 

The bailiff posted an enforcement letter and states if I do not arrange payment they will remove goods for public auction. I cannot afford to pay anything.

 

Can they force entry with a warrant/locksmith? If so would I receive any notice of when that might happen, or do they just turn up randomly?

[dx100uk]

have you received a Notice of Enforcement letter from the bailiffs by royal mail to your current address giving 7 days to pay £xxx or a visit will be made.

 

if not then they can go jog on. 

 

there is no right of forced entry upon CTAX debts.

 

i will guess you moved to a different address not informing your creditors (inc those on your credit file - might want to tell them you've moved to stop backdoor CCJ's) of such, and left a CTAX debt with a council for a previous address.?

they then sent everything to that previous address and also attained a liability order.

 

the bailiff likewise used that last address to serve their notice of enforcement too?

 

depending upon how much of the guess above is true will determine what is you next move... 

[Hunter779]

I think I probably did. I have hundreds of letters from them and various demand letters and enforcement notices coming out of my eyeballs.

 

I have moved home several times in the last 2 years, but never takes them long to catch up. 

 

Also had a visit today from HCEO for a different debt, who stalked around outside for 15 minutes, spying through windows, snooping in private parcel box and shouting aggressively up at security camera.

 

The council tax bailiff stuck the letter today on the outside of my door, rather than post through the letterbox directly in front of him.

 

Are you sure they can't get a warrant to force entry with a locksmith to take goods? As I thought they can do that for council tax debt? What about my car outside?

 

 

[dx100uk]

if its an asset that is worth the CTAX bill trade wise at auction...yes your car is vulnerable and a clamp could be fitted.

if you do have a notice of enforcement to your current address...best to check get your head out the sand.

 

it is seriously stupid that you have done what you have, running away from debt.

why not ring the bailiff concerned and offer a pay plan.

if you get no joy, try the council concerned, though you will still have to pay the £10 bailiff fees on top of the liability order they attained dated XXX 

go check.

 

there is 100% NO RIGHT OF FORCED ENTRY ON CTAX DEBTS NOR CONSUMER CREDIT CCJ's.

 

in regard to that, have you checked your credit file?

are you registered on voters where you are now?

are there any CCJ's showing?

 

an HCEO is no diff, can i guess this is for a CCJ for a consumer credit CCJ of +£600 

they too have zero right of forced entry neither.

 

spill the beans please 

let have the full story......on everything.

 

dx

 

[Hunter779]

I would presume yes it did get sent to current address and was thrown in the pile with hundreds of other demands. 

 

I have barely slept for days, so not willing right now to sift through piles of paperwork.

 

Thank you for answering my question, but If i'm going to get called stupid, I will leave this site. There is no need to be so judgemental and I have not run away from my debts. 

 

I have also been dealing with a possession hearing today. 

 

As I said in first post, I cannot afford to pay anything. I have contacted the council and the bailiffs telling them I have mental health conditions, financial hardship and dispute the alleged debts. 

 

The HCEO is for past rent arrears of approx £10,000

 

 

 

 

[dx100uk]

sorry but you have run away from your debts, this has caused the situation you are in. had you dealt with these issues, your situation would be markedly different from what you currently suffer.

 

mental health issues are not an excuse for ignoring what you already knew was the correct way to deal with debts. stop it!

 

a previous rent arrears debt, that resulted in a ccj , as long as you are not still renting from the same landlord, results in a nothing burger...nothing an hceo can do.

 

the possession hearing is your main issue then.

ignore everything else.

 

tell us whats going on regarding that, put everything else on the back burner for now.

that is the major issue that can remove the roof over your head..

 

dx

 

 

 

 

[Hunter779]

That is so ignorant. I have made every effort with every debt to communicate and deal with it to avoid CCJs and being chased by debt collectors. If somebody cannot pay, I don't know what else you expect I could or should have done to deal with it.

 

Yes, the possession hearing IS the current biggest priority, which is exactly why the enforcement notice would have been thrown in the other pile.

 

However following the 2 debt collection visits today, I only came on to ask about that. 

 

I am sorry but cannot tolerate being berated and don't feel able to communicate properly with somebody so judgemental

 

 

[unclebulgaria67]

Have you contacted local Council about your situation ? Received any help from debt advice organisations such as Shelter or Christians against poverty ?

 

As happens to hundreds of others on a daily basis around the UK, you will end up being removed from the property as possession is taken and have to put all your important belongings in bags/suitcases. Then a visit to the local Council offices to ask for emergency housing may be required. At a local city Council Housing department, seen this on a regular basis, where those evicted from properties stand in a queue with refugees and others needing to be housed. And not all are provided with housing.

 

Very important, if you don't want to end up sleeping rough, is that you seek urgent support from local services. 

 

[Hunter779]

Could somebody please advise, can a bailiff / debt collector seize my car, without having established who owns it or if it is on finance? I don't want to engage at all with them if they return to the address. Can they still remove a vehicle from the driveway if I don't speak to them at all?

 

Is there any way I can stop any further visits to the address from debt collectors, without making any payment agreement, as I cannot afford to pay anything?

[honeybee13]

Hi.

 

Could you tell us how much you think your car is worth please and whether you use it for work?

 

HB

[Hunter779]

Between £5000 - £10,000.

 

I do use it for work. I am self-employed, although currently receiving UC due to low income. I am also disabled, although I don't have a blue badge.

 

The car is on finance with the amount outstanding probably about the same as current value. The car debt is also in the hands of debt collector. Does that mean the car still belongs to the finance company and the debt collector is employed on their behalf to collect debt, or would the debt have been sold to the debt collection agency? Would the car still be considered to be on finance?

[honeybee13]

Hopefully someone like @dx100ukcan answer about the car finance. He may suggest you start another thread, but I'll let him decide.

 

It's a shame you don't have a Blue Badge, that could have helped in this situation.

 

Are you able to devote some time to the bailiff issue now, is the possession hearing still ongoing?

 

HB

[Hunter779]

The visits from bailiffs and HCEO is making me extremely ill and also making my mental health condition much worse. 

 

I would just like to know if they return to the address and I don't engage with them at all, do they still have the power to seize my car anyway? And also is there any way I can stop any further visits from them, as the added stress is preventing me being able to deal properly with the possession, which is what I need to be able to focus on.

[unclebulgaria67]

They normally do a finance check and if on such they don't seize to take away. However, they might put a clamp on it to gain contact from the owner. They should not clamp unless they can seize to sell, but as a Debt Collection tactic, they might still do so. 

 

Get some local Debt advice and see what can be done. 

[Hunter779]

If they did a finance check, would it show as still being on finance, as the car is also in hands of a debt collector? If they did a finance check, would that show them the amount outstanding on the car? And if they considered the current value of the car to exceed the amount outstanding on finance, do they have any power to sieze the car?

 

The HCEO who visited yesterday was also looking in my car windows. I sent a cease and desist text to the mobile number on the letter posted by the HCEO and also made a formal complaint via email to the HCEO company. 

 

My only option is bankruptcy, but I cannot afford the fee and cannot deal with that at the moment. 

 

In the meantime I just would like to know if there is any way I can stop any further visits from bailiffs / debt collectors, so that I can focus on dealing with possession

 

 

 

 

[honeybee13]

I don't think you got the cease and desist idea from us, did you?

 

HB

[Hunter779]

No, I didn't. 

 

I am asking now for your advice on this matter

[dx100uk]

regardless to the car being on finance it could still be clamped by the ctax bailiff, then the clamp will not be released until you pay a fee, however, that is rare.

 

as far as the CCJ regarding your old rent arrears and the HCEO's, again the same applies.

 

whilst on the subject of the car and its finance arrears and this being in the hands of a debt collector now? dont confuse a DCA with a bailiff, a dca is NOT A BAILIFF and has zero legal powers on any debt - no matter what it's type.

 

who is the creditor and who is the debt collector? have you received a default notice? and what has been threatened to date?, though this is a side issue

 

as long as you dont leave the car parked on the public highway, where it CAN be snatched, park it on your private drive and dont give it up if one of these powerless nerds with a flatbed turns up - they have zero legal powers.

 

please refrain from following advice on these various rouge bailiff sites or freeman of the land twaddle advice like you have by sending that cease and desist crap. its all total BS.

 

the situation with both the ctax bailiff and the rent arrears CCJ HCEO will eventually stop, they are just going through their std practices to get you to pay them. you'll get various fees added to both debts, that will be added to what you owe, but the bottom line is eventually if you keep ignoring them..they will go away and return the debt to the originator.

 

just concern yourself with dealing with the home repo.

WHO is going for a repo, name them please?

what is it for mortgage arrears or secured loan arrears?

at what stage are you at please?

have you a hearing date yet ?

have done the - N11M. pack with a defence and financial statement/

 

[Hunter779]

I still don't understand, regarding a car debt, is the car still on finance, or has the debt been sold and no longer on finance?

 

I need to know if I should expect the council tax bailiff or the HCEO to clamp, or seize the car in the immediate future? And is there any way I can prevent that happening, such as a letter to the HCEO and the council tax bailiff?

 

I am of the understanding that for council tax debt it is a bailiff and not a DCA. Please clarify?

 

I didn't follow advice from anywhere else regarding cease and desist, or formal complaint. I just did what I thought was best at the time. Following my text to the HCEO, he then immediately began harassing me by phone and demanding I speak to him. Amongst other things, I told him via text to go way off.. and then made a formal written complaint to the company.

 

The visit from these bailiffs/HCEO is causing me severe distress and I would like to take any action to make it stop immediately. Is there anything I can do to stop further visits? As I cannot cope with it and would have no way of paying a fee to release the car from seizure, or any means to purchase another car.

 

The possession is for private rental and is an accelerated possession claim. I do not understand what an N11M pack is, but would now like to ensure my car is not clamped, or removed in the immediate future, as this is causing me huge distress and interfering with my ability to deal with the possession.

[honeybee13]

The answers to some of your questions could be in your unopened post though, sadly. Have you managed to make a start on it?

 

Unlike some other sites who charge money for helping people who already have problems, we don't hold out magic solutions. We like to get the facts and work steadily towards resolving the problems.

 

HB

[Hunter779]

I didn't say any of my post was unopened. And sadly, under the circumstances, I currently don't have the time or energy to work steadily towards resolving 

Edited December 6, 2022 by Hunter779

[honeybee13]

No you didn't, you're right. You said it was in a pile.

 

Are you able to tell us the name of the car finance company and the DCA please? That way we might be able to work out what they might do.

 

HB

[Hunter779]

I am not concerned with the finance company right now, as they are not the immediate threat.

 

I just need to know the answers to my questions. Is the car still considered to be on finance? Or would the debt have been sold to a DCA?

 

What steps can I take to stop current visits from bailiffs/HCEO for other debts, to prevent then clamping, or taking away my car?

 

 

 

[dx100uk]

forget about the car ....don't keep going overboard about it, it is extremely rare for clamping or removal for either debt.

just let things run there course, there is nothing you can do to stop the bailiffs actions nor shorten their time involved on the debts. they'll eventually move on to their next victim. 

 

looking at your credit file will tell you WHO owns your car finance debt, but it is again extremely rare for a car finance company to sell their debt on, as after all it's their car,

 

its listed on an HP agreement, regulated by the consumer credit act , and that gives them certain powers to reclaim their asset . but if you've paid more than 1/3rd, then the act is to your advantage, as the car becomes protected goods, and the only way to reclaim their asset or payment is to goto court and get  a return of goods order. so how far are you in?

 

as for the repo

what court pack have you got?

is this a landlord trying to evict you?

 

[honeybee13]

Post #19, dx.

 

The possession is for private rental and is an accelerated possession claim.