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    • next time dont panic and wet yourself and offer payment !! Date of issue – 14 june 2024 date for aos - 2nd july  date to file defence - 16th july      other than the CCA/CRP and if it ever gets that far..a witness statement, you send them NOTHING and dont ever instigate comms with them. esp by email.. i would be sending one final email in reply to theirs above. PLEASE NOTE: email is NOT to be used for any comms with regard to our mutual court claim. else they'll be sending a whole forest of faked agreements/documents to you one minute before a court deadline removing your shace to object/pull them apart as unenforceable etc. dx        
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    • jk2054: I have ensured there's not reference to the third party rights in the updated letter of claim. BankFodder: thanks for the edits and information. I understand the Consumer Rights Act prohibits EVRi's attempts to avoid liability in their duty and care of accepting to deliver my parcel according to Section 57.  They have accepted to carry my parcel even though I have identified it as a laptop and specified the value so they must take reasonable care to deliver the parcel or face the consequences if it were lost as it seems to be in my case! I hadn't originally referenced Section 72 because of EVRi didn't offer any insurance whether free or for me to purchase. I understand that if I were to have any sort of insurance from EVRi then Section 72 refer to the rules of such secondary contracts. Is this section indicating that the insurance may reduce my rights or remedies to recourse to full compensation if I had been offered and purchased such insurance?  Is it beneficial to include this in the letter of claim (and subsequently reference both Section 57 and 72 in the MCOL?) although it might not be pertinent in my case?  Perhaps this is just to reinforce that in general EVRi and other couriers are taking such liberties with their customers so it is to send a message that they are breaching both sections? I made a few minor edits to the letter of claim but mainly grammatical type stuff and to keep consistent font, black colour, but the edits you provided are included and are extremely helpful and are putting me in a good position to email and post the letter to EVRi this week and get the ball rolling. Thanks. Evri letter of claim.pdf
    • Thank you for getting back to me I will do my best to get hold of the claim form tomorrow  When I spoke to MCOl on friday I asked for the extra 14 days so penty of time Onlymeagain
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Estate Agent CCJ for +£5k fees - Now Wilson & Roe HCEO's waving Arms about a Charging Order


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ive got a ccj for a debt now at around 8k.

im now been threatened with a charging order on my property 

Ive read they have to apply for an interim order then a charging order and if needed they can aquire a order of sale.

the advice im looking for is how long from the interim order being applied for what is the time limit before it shows at the land registry?

also if they apply for a order of sale what happens if the property doesnt or takes ages to sell what can happen.

thanks.

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What's the debt/ccj? And who is spoofing you please? 

Already have a thread? 

Is the property in joint names too and debt is just yours? 

 

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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What is the debt? 

Was the court claim defended.. Tell us more please.. 

And I bet the threat-o-gram doesn't say will anything

Scan it up to pdf please 

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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the debt is for estate agent fees which ive just ignored wrong i know.

ccj was issued they came to my home three times i want in so they left letters to state they had been.

im a bit worried about uploading docs,but the long and short of the letter states they have checked with land registry and found out i own the property and giving me one week to pay the debt or they will apply for a charging order,

i dont have the money to pay the debt

,but im concerned they may stop me from trying to sell the property or force me to sell.

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Can't force you to sell.. It's a threat-o-gram.. Stop panicking scan it read upload

4 minutes ago, marksheff said:

they came to my home three times i want in so they left letters to state they had been.

Who are 'they' 

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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nope they are not a powerless DCA working for Wilson&Roe.

as the letter clearly states,

it's FROM Wilson&ROE whom are HCEO bailiffs operating to enforce a High Court Writ attained against you for a CCJ Judgement by their CLIENT, Sequence (UK) LTd (T/A William H Brown.)

from you posts it appears they have attended 'several times'? 

so i will guess you have previous letters like a Notice Of Enforcement' etc?? have you. 

and they have subsequently visited too, so i expect they've added ££10 to the debt figure quoted on the judgement for claimant you got..when was that?
 

if you read the bottom of their letter carefully it says: 

Quote

Should .you fail to contact us by this date with your proposals to settle this debt, we will advise the Claimant to apply to the court for a Charging Order against your property.

i can advise my dog to sit, if it does is a totally diff matter.

it's a threat-o-gram that doesn't say WILL anything. Hot Air

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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so as above ans.

can you please answer my outstanding Q's there please

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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well thats not the same - its an intention to remove of goods notice 

all hot air - there no right of forced entry on consumer debt.

+£5k judgement wow those are some estate agent fees!!

did you defend the court claim or ignored everything inc the claimform and got a CCJ by default?

did you know about the court claim at all by the estate agent?

where's the Notice of enforcement from W+R?

thread title updated

 

 

 

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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  • dx100uk changed the title to Estate Agent CCJ for +£5k fees - Now Wilson&Coe HCEO's waving Arms about a Charging Order

thats all the paper work ive received

3x removal of goods left by the enforcement officers and 1x which was posted which ive uploaded,

sorry if im not making sense.

i knew about the ccj but the rest ive just ignored.

i do appreciate you're responses, stuff like this goes straight over my head

,im not in a good place at the moment but not that im excusing my stupidity.

ive just found the notice of enforcement.

ill scan it and send it if you need to see it but bare with me as my internet is a bit slow..

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no dont need to see the NOE, just that you did get one.

ok you knew about the CCJ,???

what do you mean please as this can be important.

did you receive the original claimform pack from northants bulk court regarding the estate agent making the court claim against you ?

did this come to your address where you are now or went elsewhere because you'd obviously moved?

or was it just a case of you ignored everything, inc the court claim but you say otherwise :

6 minutes ago, marksheff said:

i knew about the ccj but the rest ive just ignored.


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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ok good that wraps things up nicely.

shame you didn't defend it. thus you lost and got a default judgement CCJ.

for a CCJ to be passed to the High Court thus to HCEO Bailiffs the default judgement CCJ must be >£600

then a writ is issued and the HCEO's try and enforce it with the resultant fees + interest etc that bumps up the sum owed.

as you've ignored them (good work😎) they will eventually try every trick in the book to try and make you engage with them.

ok sadly that means heaps of fees, but there you go.

theres no right of forced entry so poor ole bailiff.....

they will eventually pass it back to their client .

what you have is one of the latter now,  just trying to scam you for want of another word with idle threats.

you ought to deal with this at some point as if the claimant (estate agent) does go for and manage to get a CO, it WILL have to be paid upon sale of your home...eventually. 

if you have no intension of selling before you die, well thats for your executors to sort out in the future...:whistle:

though be 1000% confident, until then its extremely rare for an order of sale to be granted for such a small sum with regard the value of your home and p'haps other outstanding securities that might be against it like a mortgage or secured loans etc. your deeds will outline those.

if there are previous securities, then a 'newbie' like this lot, can't just come along and force you to sell, the others would be rather upset if they did try and probably object and then it will almost certainly 100% fail.

have a think about things , it might pay you to look toward putting an N245 variation to the court and offer a very low £PCM to the court, esp if you have little to no income etc like on benefits/pensioner etc...you might even get it all done for free as there is a small charge for the N245 process.

dx

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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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thank you so much for the help and advice it does mean a lot and youve put my mind at rest,ill take all the advice to heart.

ill definitely not engage with the bailiff.

m.

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Posted (edited)

update thread with the typo for hte name of the HCEO so people can search easier for their name if they have dealings with them in future?

Edited by jk2054

underpaid paralegal

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  • dx100uk changed the title to Estate Agent CCJ for +£5k fees - Now Wilson & Roe HCEO's waving Arms about a Charging Order

oh yea ta!

one last question

what date was the CCJ/Default judgement?

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

blimey they moved quick.

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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