I've agreed to pay but I don't think I can afford it and it, what do I do?

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Rjt1982
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#1 I've agreed to pay but I don't think I can afford it and it, what do I do?

Post by Rjt1982 » 17 Jul 2017 10:18

I had high court enforcement knock my door last week regarding a debt with Marstons which has resulted from Capital One. I said I didn't have the £770 to pay him and he insisted he wasn't leaving. The week before I had someone knock wanting money for a tv license fine and she was threatening to call a locksmith, look through my drawers and cupboards and demanding to see my hospital notes regarding my pregnancy. I got into such a state of anxiety and I didn't want that to happen again so thought the best way to deal with this man from Swift was to show him I don't have sufficient goods. He had a quick look around and accepted this, however he told me I need to pay him £75 by this Friday and then he left. It was a verbal agreement, I haven't signed anything and he didn't take any notes of any belongings either. I've sent a form to the court asking for the warrant to be removed and a list regarding my income and outgoings. I've been worrying about it all weekend and I don't know what to do. I only have a basic income and I have three children, can anyone advise me.

Rjt1982
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#2 Re: I've agreed to pay but I can't really afford it, what do I do?

Post by Rjt1982 » 17 Jul 2017 10:21

Rjt1982 wrote:
17 Jul 2017 10:18
I had high court enforcement knock my door last week regarding a debt with Marstons which has resulted from Capital One. I said I didn't have the £770 to pay him and he insisted he wasn't leaving. The week before I had someone knock wanting money for a tv license fine and she was threatening to call a locksmith, look through my drawers and cupboards and demanding to see my hospital notes regarding my pregnancy. I got into such a state of anxiety and I didn't want that to happen again so thought the best way to deal with this man from Swift was to show him I don't have sufficient goods. He had a quick look around and accepted this, however he told me I need to pay him £75 by this Friday and then he left. It was a verbal agreement, I haven't signed anything and he didn't take any notes of any belongings either. I've sent a form to the court asking for the warrant to be removed and a list regarding my income and outgoings. I've been worrying about it all weekend and I don't know what to do. I only have a basic income and I have three children, can anyone advise me.

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Pote Snitkin
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#3 Re: I've agreed to pay but I don't think I can afford it and it, what do I do?

Post by Pote Snitkin » 17 Jul 2017 11:02

Ok, one at a time.

Regarding the TV licence fine - were you aware that you had been fined? Did you attend court? How much is the fine?

Regarding the Swift bailiff - you say he wanted £770; how much is the original debt? You say it was a Capital One debt - I assume you mean a credit card? Do you have any letters or notices from the court or the bailiff from before his visit?
On 29/07/17, Compo said "If you are interested I actually typed the word label. My spell checker interpreted it as liable" Discuss.

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Schedule 12
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#4 Re: I've agreed to pay but I don't think I can afford it and it, what do I do?

Post by Schedule 12 » 17 Jul 2017 12:33

Rjt1982 wrote:
17 Jul 2017 10:18
I had high court enforcement knock my door last week regarding a debt with Marstons which has resulted from Capital One. I said I didn't have the £770 to pay him and he insisted he wasn't leaving.
We need to see the paperwork. It looks like county court judgment and it's been transferred up to be enforced by a writ of control. You can get this stayed and as you state support, it costs you nothing when you complete an income and expenditure form N245 with your application. Here is how it's done. You can send it to London (The Strand, Queens Bench Division) by post but it might take about 10 days for them to process your application.

http://www.dealingwithbailiffs.co.uk/St ... r-HCEO.htm





The week before I had someone knock wanting money for a tv license fine and she was threatening to call a locksmith,
That will be a court fine. Run this checklist. http://beatthebailiffs.org/magistrates- ... liffs.html and see if you have any grounds to stop the enforcement power.

look through my drawers and cupboards and demanding to see my hospital notes regarding my pregnancy.
You are classed a vulnerable person. This explains the legal position: http://www.dealingwithbailiffs.co.uk/Ba ... eholds.htm





I got into such a state of anxiety and I didn't want that to happen again so thought the best way to deal with this man from Swift was to show him I don't have sufficient goods.

Swift are a small company that operates only in Wales.

I don't think he will get far with you in your current circumstances. He is not interested in rummaging through your underwear in your drawers, but it makes an interesting video when it all ends up in court when a bailiff is picking out knickers.



He had a quick look around and accepted this, however he told me I need to pay him £75 by this Friday and then he left. It was a verbal agreement, I haven't signed anything and he didn't take any notes of any belongings either. I've sent a form to the court asking for the warrant to be removed and a list regarding my income and outgoings.
It's a means test hearing. They will revisit the circumstances and set a weekly amount from your benefits or maternity pay. The court cannot reduce your income below the prescribed threshold allowed by benefits or unpaid work (the poverty threshold).

I've been worrying about it all weekend and I don't know what to do. I only have a basic income and I have three children, can anyone advise me.
Attend the hearing. I doubt you will hear from the bailiff again.

He knows he cannot take what you don't have.
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

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#5 Re: I've agreed to pay but I don't think I can afford it and it, what do I do?

Post by Pote Snitkin » 17 Jul 2017 12:48

Schedule 12 wrote:
17 Jul 2017 12:33
Rjt1982 wrote:
17 Jul 2017 10:18
I had high court enforcement knock my door last week regarding a debt with Marstons which has resulted from Capital One. I said I didn't have the £770 to pay him and he insisted he wasn't leaving.
We need to see the paperwork. It looks like county court judgment and it's been transferred up to be enforced by a writ of control. You can get this stayed and as you state support, it costs you nothing when you complete an income and expenditure form N245 with your application. Here is how it's done. You can send it to London (The Strand, Queens Bench Division) by post but it might take about 10 days for them to process your application.
What concerns me is that 1- this is a CCA debt, and 2- does the £770 include the compliance and 1st enforcement fee? If so, the original debt would be below £600. Either of these reasons would exclude Swift from being able to enforce.
On 29/07/17, Compo said "If you are interested I actually typed the word label. My spell checker interpreted it as liable" Discuss.

Rjt1982
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#6 Re: I've agreed to pay but I don't think I can afford it and it, what do I do?

Post by Rjt1982 » 17 Jul 2017 14:00

Regarding the tv license debt - the bailiff had already gained entry because the door was unlocked, I had to leave and collect the little one from nursery and the bailiff refused to leave the house so I called my dad to come over untll I came back, he spoke with her for a while and he ended up paying the £870 which of course I have to repay. I can't remember how much the fine was originally. She also said I could not be treated as a vulnerable person as my pregnancy is not exceeding 7 months. I'm assuming this will be the same for this other debt.
The capital one debt is £552.14 on the warrant of control letter. They sent me a letter first and then called two weeks later. Citizens advice gave me the N245 forms last week and I also rang the court to tell them I had a debt appointment with them.

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#7 Re: I've agreed to pay but I don't think I can afford it and it, what do I do?

Post by Michelle » 17 Jul 2017 14:30

Schedule 12 wrote:
17 Jul 2017 12:33
Rjt1982 wrote:
17 Jul 2017 10:18
I had high court enforcement knock my door last week regarding a debt with Marstons which has resulted from Capital One. I said I didn't have the £770 to pay him and he insisted he wasn't leaving.
We need to see the paperwork. It looks like county court judgment and it's been transferred up to be enforced by a writ of control. You can get this stayed and as you state support, it costs you nothing when you complete an income and expenditure form N245 with your application. Here is how it's done. You can send it to London (The Strand, Queens Bench Division) by post but it might take about 10 days for them to process your application.
A CCJ for a Capital One credit card could not have been transferred up to the High Court for enforcement because it arose from an agreement regulated by the Consumer Credit Act.

May be an idea to check what CCJs are on record: https://www.trustonline.org.uk/search-yourself
Listen very carefully, I shall post this only once:
Anything posted by me is from my own knowledge and experience, it is not legal advice or the official views of this forum.

Knowledge is Power.

Rjt1982
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#8 Re: I've agreed to pay but I don't think I can afford it and it, what do I do?

Post by Rjt1982 » 17 Jul 2017 14:34

The warrant of control came from the business centre at the county court and the letter stated "re - Capitol One". The claimant is Mortimer Clark Solicitors"

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#9 Re: I've agreed to pay but I don't think I can afford it and it, what do I do?

Post by Michelle » 17 Jul 2017 15:43

Pote Snitkin wrote:
17 Jul 2017 12:48
What concerns me is that 1- this is a CCA debt, and 2- does the £770 include the compliance and 1st enforcement fee? If so, the original debt would be below £600. Either of these reasons would exclude Swift from being able to enforce.
A Cap One debt couldn't be transferred up to the High Court regardless of the amount, being as you say, from an agreement regulated by the CCA.
Listen very carefully, I shall post this only once:
Anything posted by me is from my own knowledge and experience, it is not legal advice or the official views of this forum.

Knowledge is Power.

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Michelle
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#10 Re: I've agreed to pay but I don't think I can afford it and it, what do I do?

Post by Michelle » 17 Jul 2017 15:46

Rjt1982 wrote:
17 Jul 2017 14:34
The warrant of control came from the business centre at the county court and the letter stated "re - Capitol One". The claimant is Mortimer Clark Solicitors"
So it was a warrant of control issued by the county court, not a High Court writ being enforced by Marstons. On your opening post you refer to High Court enforcement from Marstons, does that refer to Capital One or maybe to another CCJ?

Mortimer Clark are solicitors who represent a number of debt purchasers, mostly Marlin/Cabot.

Did you receive a claim form from the Northampton Centre for this Cap One account?
Listen very carefully, I shall post this only once:
Anything posted by me is from my own knowledge and experience, it is not legal advice or the official views of this forum.

Knowledge is Power.

Rjt1982
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#11 Re: I've agreed to pay but I don't think I can afford it and it, what do I do?

Post by Rjt1982 » 17 Jul 2017 16:23

Sorry I got confused. I did receive a claim form but I did not realise what it was and just dumped it on the pile of other debt letters that I get regularly, it got to a point where I was too scared to open them. After all that happened last week it made me realise that I can't ignore it and I opened the claim form then.

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#12 Re: I've agreed to pay but I don't think I can afford it and it, what do I do?

Post by Pote Snitkin » 17 Jul 2017 16:43

Michelle wrote:
17 Jul 2017 15:43
A Cap One debt couldn't be transferred up to the High Court regardless of the amount, being as you say, from an agreement regulated by the CCA.
This is why I'm questioning why it's with the HCEO - both the CCA and it being under £600 would disqualify it. Looks like another drone has rubberstamped a transfer up without bothering to check it.
On 29/07/17, Compo said "If you are interested I actually typed the word label. My spell checker interpreted it as liable" Discuss.

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