help please

Apply to Stay the Writ. Set Aside the Judgment. Apply for more time to pay. Stop the Bailiff. Cancel the Fees.
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medxb183
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#1 help please

Post by medxb183 » 09 Dec 2017 13:59

IMG_20171209_134304_018.jpg
My son who is back living with us has a outstanding debt with EE for just over £800 , while working away last year he had a form sent to him regarding this debt and had to fill a expendure form in with his earnings and outgoings , this was completed on his return home but was 5 days too late in completing it and they returned the form telling him this though he had put a note in returning it to say he was late returning it as he'd been working away , he didn't hear anymore back off them then out of the blue this letter was put through the letterbox after over 12 months , now he's tried to phone the bailiff and his phone has been off for two days , he phoned the court number and was told on a automated service that bailiffs are only available between 9/10am, and the actual address of the courts is nowhere near where the dialing code is for there phone number , my main concern is that I don't want them touching anything that is mine and the wife's , obviously I will not give them the chance to put there foot in the doorway , can anybody give me a bit of advise on what to do please , thanks in advance , here is the letter he received , I've scrubbed the left hand side out as its in welsh ..there's no court stamp on this letter , just looks like its a print
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#2 Re: help please

Post by Pote Snitkin » 09 Dec 2017 18:19

First thing, there's no forced entry for this type of debt but anything of value in your son's name outside the property (eg car, bike etc) would be at risk. They cannot take goods belonging to anyone else, and it can be reasonably assumed that the goods in the main house are not your son's, but goods in his room can be assumed to be his.

Secondly, this seems to be a county court bailiff - they are much easier to deal with than a private bailiff firm as they do not work on commission. Your best way forward, if your son admits the debt, is for him to come to an affordable repayment plan.

delta157
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#3 Re: help please

Post by delta157 » 09 Dec 2017 22:50

How is this even compliant? Given the wording on this piece of paper..

Stating 'Enough time has been wasted' I not seen a NoE like this before....

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#4 Re: help please

Post by Pote Snitkin » 09 Dec 2017 23:26

Delta's post made me want to take another look. I noticed the claimant is 'ME IV' and not EE.

Medxb, how old is this debt? It seems it's been sold on by EE and that opens up a whole new avenue to explore. Does your son have a copy of the original contract?

medxb183
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#5 Re: help please

Post by medxb183 » 10 Dec 2017 09:16

Thanks for your time in looking at this , its a fair few years old , I'll ask my son but I'm taking a guess its about 4/5 years old

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#6 Re: help please

Post by medxb183 » 10 Dec 2017 09:24

I thought the wording of the letter was wrong , doesn't look professionally worded in the slightest , also the court office is based in prestatyn , when my son phoned it was a Wrexham office , based 25miles away from prestatyn , they have failed to spell prestatyn wrong in one of the address printed on the form, when he got through to the so called court number there was a automated voice recording saying something on the line of "calls can only be taken regarding the bailiffs between 9/10am !!!! Really strange and the bailiffs number seems constantly switched off

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#7 Re: help please

Post by medxb183 » 11 Dec 2017 09:41

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Delta 157
Your right , debt has been bought or passed on to Cabot Financial
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delta157
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#8 Re: help please

Post by delta157 » 11 Dec 2017 14:55

If Cabot are involved then its likely that there is a lot paperwork missing. It also looks like they got a back door CCJ.

I would recommend applying for a set aside IF it's been to Court.

Check Trust Online to verify.

Check the credit file of the named person.

Finally keep these letters you will need them at a later date.

Most advisors know the tactics of Cabot and how they use the Court system to get an undefended CCJ...

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#9 Re: help please

Post by delta157 » 11 Dec 2017 14:58

Finally can the site team amend the 1st attachment as the OP's details are visible and will allow other less scrupulous people to get to the poster and possibly take advantage?

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#10 Re: help please

Post by delta157 » 11 Dec 2017 15:09

Finally with this alleged warrant you don't have to let the EA in. Keep ALL DOORS LOCKED DEAL THROUGGH A WINDOW KEEP THEM OUT..

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#11 Re: help please

Post by Amy » 11 Dec 2017 17:10

delta157 wrote:
11 Dec 2017 14:58
Finally can the site team amend the 1st attachment as the OP's details are visible and will allow other less scrupulous people to get to the poster and possibly take advantage?
Done Delta, thank you.

x

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#12 Re: help please

Post by Pote Snitkin » 11 Dec 2017 19:44

As Delta says, a set aside is the way to go. This seems to be a default judgement so your son has had no opportunity to defend it. There's a couple of ways to go about it, so it would be really useful to know when the last payment was made and whether a copy of the contract can be found.

To set aside the judgement you need to follow the guide here - https://www.gov.uk/county-court-judgmen ... -the-money

There is a fee but you can see if you qualify for a remission here - https://www.gov.uk/get-help-with-court-fees

medxb183
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#13 Re: help please

Post by medxb183 » 11 Dec 2017 20:48

Thanks for all your advise and help , he's tried phoneing the enforcement officer again without any luck , told him to try again tomorrow , maybe best option forward would be able to set some type of payment plan with them
Thanks again

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#14 Re: help please

Post by Pote Snitkin » 11 Dec 2017 21:22

It's an option and probably the easiest solution, but it's still a minefield. You'd want a repayment plan that your son can stick to, not an amount that's going to be a struggle and end up in default.

Thing is, Cabot have bought the debt but most times these debt-buyers don't have sufficient paperwork to actually prove you owe the debt. They would need to have a copy of the original agreement, the default notice and the transfer notice to be able to actually enforce it. The court doesn't ask for this info as it's up to the defendant to request them. In addition, if 6 years have passed between the default and the claim being made, then the debt would be statute barred and is impossible to enforce.

If a set-aside is granted then you can formally request this info and if Cabot can't provide everything then the claim is struck out. It's all backed up by very tight legislation so there can be no grey areas.

But obviously it's your son's choice and we can only advise of the options, and I know the court fee can be off-putting.

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#15 Re: help please

Post by medxb183 » 12 Dec 2017 12:52

I've just had this off my son...think someone's having a laugh here ...if someone could advise me on this please as my son has no chance of moving anywhere with this load of nonsence

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#16 Re: help please

Post by medxb183 » 12 Dec 2017 12:52

What a joke they are the mobile number they give me isn't even that guys number the prestatyn number ain't even the right number it's Wrexham offices so the guy I spoke to have me the prestatyn one rang that four time a no answer so rang the mobile bk again spoke to the same guy and he just said to me that guy stpegen Carroll hasn't even got a mobile number yet jokes

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#17 Re: help please

Post by medxb183 » 12 Dec 2017 12:53

Excuse spelling , predictive text

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#18 Re: help please

Post by Pote Snitkin » 12 Dec 2017 14:26

So is Mr Carroll even a certified bailiff? I think you need to contact the court manager to unravel this mess and find out when this judgement was made.

Is your son still working and if so does he earn less than £1085 a month before tax?

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#19 Re: help please

Post by medxb183 » 12 Dec 2017 14:35

I think he earns just above that amount but will double check with him , he's contacted all the relevant phone numbers available on the form...and got nowhere with it all..it does make me think what your saying , is this person a certified bailiff...the wording used in the letter doesn't seem proffesionally worded in my opinion

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#20 Re: help please

Post by Pote Snitkin » 12 Dec 2017 14:52

If he earns just over then he may still be eligible for a reduction. If he's married or got children then he can earn a bit more.

Anyway, I think you might need to contact the County Court Business Centre to establish a few things. Their number is 0300 123 1056 or 01604 619 400, website here > https://courttribunalfinder.service.gov ... entre-ccbc

In the meantime, check on your son's wages and see if applying for the set-aside is worth it. Remember that there is no forced entry for this type of debt.

medxb183
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#21 Re: help please

Post by medxb183 » 12 Dec 2017 19:05

Thanks again for all your help ,I'll keep updates when anything happens (if anything does ) 👍

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#22 Re: help please

Post by medxb183 » 19 Jan 2018 15:05

This is the letter he got today and still can't get hold of the bailiff
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#23 Re: help please

Post by medxb183 » 19 Jan 2018 18:13

I'm thinking of asking my son to email them as in all honesty he's getting nowhere with them , if I told him to ask the bailiff to toward copies of the original agreement , the default notice and the transfer notice , could I actually ask them this , if I'm correct I think this debt goes stems back to 2012 ..could anyone help me type out a email if someone doesn't mind . thank you

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#24 Re: help please

Post by Schedule 12 » 20 Jan 2018 01:57

Its a phishing letter looking to recover a historic court fine.

Make a statutory declaration using this Template.. Get it sworn in before a solicitor and post it by RECORDED DELIVERY to the address on the template.

That will kill the conviction and the fine. Puts the matter to bed.
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

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#25 Re: help please

Post by Pote Snitkin » 20 Jan 2018 06:35

It's not a phishing letter - see the earlier posts.

Medx, did you look into doing the set aside?

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#26 Re: help please

Post by medxb183 » 20 Jan 2018 07:12

He looked into a set aside but his earnings where above ,my son left another message on the bailiffs forum and he actually return the call leaving a message on my sons phone , the bailiff confirmed on the voicemail that he did not have a mobile number previously, my son told me the debt spiralled out of control due to bill that he questioned with EE and basically just carried on from there , can my son ask for copies from the bailiffs regarding original agreement , the default notice and the transfer notice as my son thinks the first default dates back to 2011

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#27 Re: help please

Post by Pote Snitkin » 20 Jan 2018 11:12

medxb183 wrote:
20 Jan 2018 07:12
can my son ask for copies from the bailiffs regarding original agreement , the default notice and the transfer notice as my son thinks the first default dates back to 2011
No, the bailiff won't have any of that info. You would need to do a formal request to the creditor. The template is:
  • [Date]
    [Ref numbers]

    Dear sir/madam

    Regarding the case reference numbers above please send me copies of the following documents:

    the signed credit agreement
    a statement of the account including payments and charges
    the default notice
    the transfer of the account

    I understand that under the Consumer Credit Act 1974 (sections 77-79), I am entitled to receive a copy of any credit agreement and a statement of account when I request it. I enclose a payment of £1 which is the fee payable under the Consumer Credit Act 1974.

    I understand this information should be supplied within 12 working days.

    I understand that, under the Consumer Credit Act 1974, creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account.

    If you are unable to supply a copy of the information requested please confirm this matter is closed.

    I look forward to hearing from you.

    Yours faithfully

    [your name only, don’t sign]
Enclose a £1 coin and send registered post.

medxb183
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#28 Re: help please

Post by medxb183 » 21 Jan 2018 15:46

Would that be to the original creditors(EE) or Cabot

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#29 Re: help please

Post by Pote Snitkin » 21 Jan 2018 17:59

Whoever is named on the letter.

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#30 Re: help please

Post by medxb183 » 21 Jan 2018 19:35

Thank you 👍

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