Search
 
 

Display results as :
 


Rechercher Advanced Search

Latest topics
» History Of The Saudi Royal Family
by Kestrel Today at 11:33 am

» Arrow Global ... reared their ugly head again!
by petesomething Today at 10:22 am

» Predictive programming and the music industry.
by Awoken2 Today at 9:58 am

» Geo Engineering, are we seeing another avoidable tragedy?
by Awoken2 Today at 9:46 am

» jacobs/council tax
by pitano1 Today at 9:10 am

» Bankruptcy
by daveiron Today at 8:24 am

» What really SCARES Big Pharma? People who know how to CURE their own DISEASE!
by assassin Today at 2:12 am

» Lent Van
by assassin Today at 2:06 am

» Took me a while
by andybreck Yesterday at 10:41 pm

» Assignment
by Tiggy Yesterday at 9:20 pm

» Hedgerow Food Plants that Grow WILD
by Society of the Spectacle Yesterday at 8:50 pm

» Lowell vanquis - Tiggy?
by petesomething Yesterday at 8:25 pm

» Is it proof..
by petesomething Yesterday at 7:57 pm

» Hello Again,
by Philchef34 Yesterday at 7:37 pm

» UK Column
by LionsShare Yesterday at 5:18 pm

» Joint Bank Giro Credit Slip Missing Utility Company Has Not sent with their fake bill/s Need advice please .
by LionsShare Yesterday at 2:53 pm

» George Soros Confirms Take Over Of Europe
by Society of the Spectacle Yesterday at 2:37 pm

» County Court Claim
by Jay Yesterday at 12:30 pm

» Cabot and Restons Conspiracy to Defraud
by barnwebb Yesterday at 12:12 pm

» Are they just making it up?
by Lopsum Yesterday at 11:35 am

» The Secret Masonic Victory of World War Two Part 8
by Kestrel Yesterday at 10:58 am

» 3 LETTER COCK UP
by hoopoe22 Yesterday at 8:45 am

» Legal firm calling
by 1saberwow Yesterday at 6:44 am

» Car accident
by Jinxer Yesterday at 3:08 am

» Yell.com / Hibu Crooks - HELP PLEASE!
by FreedomNow Thu Nov 16, 2017 9:15 pm

» Private parking firms CANNOT fine you Daniel Bostock on the BBC
by assassin Thu Nov 16, 2017 6:56 pm

» More Brexit
by assassin Thu Nov 16, 2017 6:54 pm

» Yellow Junction box penality ticket
by petesomething Thu Nov 16, 2017 5:54 pm

» YOU SIMPLY HAVE TO LOVE our BOYS [and gals] in Blue. Here they are at FINCHLEY PARK MOSQUE
by epsom Thu Nov 16, 2017 5:04 pm

» Vegas False Flag
by Society of the Spectacle Thu Nov 16, 2017 2:08 pm

» Landlord problem
by handle Thu Nov 16, 2017 1:37 pm

» School Detention
by janloot Thu Nov 16, 2017 12:43 pm

» Mugabes gone what next?
by ceylon Thu Nov 16, 2017 12:26 pm

» Reporting the Police
by assassin Thu Nov 16, 2017 1:53 am

» Reality chat with peter howard and company
by Society of the Spectacle Wed Nov 15, 2017 7:58 pm

» Paying By Endorsement
by LionsShare Wed Nov 15, 2017 7:07 pm

» News what news?
by ceylon Wed Nov 15, 2017 10:29 am


Sheriffs Office and Denial of access Notice

View previous topic View next topic Go down

Sheriffs Office and Denial of access Notice

Post by tapman1 on Wed Jul 12, 2017 12:06 am

CCJ issued against me.

When court claim forms came sent back reply stating all docs requested from DCA have not been given.
Court issued CCJ in default

Amount is 110K - I am a homeowner (mortgaged)

Next move from DCA is get a high court writ and send in the HCEO from for the sheriffs office.

Can I use the Denial of access Notice against the sheriffs office? will this also include my car which is on my drive?

Thanks




tapman1
Newb
Newb

Posts : 8
Join date : 2017-07-07

Back to top Go down

Re: Sheriffs Office and Denial of access Notice

Post by daveiron on Wed Jul 12, 2017 8:55 am

The best advice i can give on this one is to go to the Nottingham meet this saturday, Troy is doing a workshop on mortgages .It will no doubt be very good info.

Details in Events section.

take care dave.

daveiron
Not so newb
Not so newb

Posts : 646
Join date : 2017-01-17

Back to top Go down

Re: Sheriffs Office and Denial of access Notice

Post by tapman1 on Wed Jul 12, 2017 8:18 pm

Hi,

Thanks for reply.

I wish I could make it. I am working this Saturday and cannot get out of it.

Can anyone tell me if I put a Denial of Access Notice on my house window/door will this stop the HCEO from the Sheriffs office ? and will this also stop them from taking my car from my drive?

Is there another workshop on mortgages I can attend or is there any resource I can look at or read.

Thanks

tapman1
Newb
Newb

Posts : 8
Join date : 2017-07-07

Back to top Go down

Re: Sheriffs Office and Denial of access Notice

Post by daveiron on Wed Jul 12, 2017 9:21 pm

Hi tapman,

The problem is you are talking about a large amount .By all means try the WOIRA notice but they may well ignore it on such a large amount. Are they looking at eviction?.
Hide the car. If at this stage they are only looking at taking goods ,produce the dated receipt that shows you sold the entire contents from your address to a family member (£ 100 ) was it ?. of course you did this long before you were informed of bailiff action as the date on the receipt will show. They cannot take what is not yours.The DATED receipt is important.

You may well get other advice overnight .


daveiron
Not so newb
Not so newb

Posts : 646
Join date : 2017-01-17

Back to top Go down

Re: Sheriffs Office and Denial of access Notice

Post by Jinxer on Wed Jul 12, 2017 10:18 pm

What was the reason why you didn't turn up to the hearing, you have just played right into there hands by not attending. For that amount of money they will try to bankrupt you.
Could you not apply to get the judgement set aside, you will need to give a good reason why you didn't show for the first hearing though.
As for bailiffs they will ignore a WOIRA notice and yes they will take your car from off your drive, but couldn't take it from your next door neighbours drive. For 110k they will pull out all the stops to get you, just think of the commission on that amount.

Jinxer
Not so newb
Not so newb

Posts : 403
Join date : 2017-06-03

Back to top Go down

Re: Sheriffs Office and Denial of access Notice

Post by tapman1 on Wed Jul 12, 2017 11:41 pm

Hi,
Thanks for the reply.

I have not heard from the DCA who got a CCJ against me.

We sent the court claim form back stating we have asked for full disclosure and this has not been provided.
Two weeks later we got a letter saying the CCJ was made in default.
Wrote back to the court asking them why was CCJ made against me have not heard back from the court. CCJ has been registered against me

Background to this is this was a BTL purchased in 2007, via a property investment company, who take care of the purchase that includes the mortgage application, the solicitors conveyancing and the management of the property. After 8 months the company disappeared, the rent stopped coming in, after doing further checks with a new solicitor it comes to light that the property was over priced, the solicitor did not bring to light the property was a back to back sale purchased and sold by the by the seller on the same day increasing the price by 70K. The solicitor was working for both the seller and me. The property valuation was a lenders valuation, this was also over valued by 70K, the valuation report shows errors, i.e. the comparables, are not like for like, the addresses are incorrect. All these were pointed out to the DCA, but the DCA does not want to know these facts. Done a DSAR request to the original lender and this shows a retrospective survey done after repossession showed that a retrospective survey showed that this property was over valued by the lenders surveyor.
This debt was sold from the original Lender to a debt collector who sold it on to this current debt collector.

tapman1
Newb
Newb

Posts : 8
Join date : 2017-07-07

Back to top Go down

Re: Sheriffs Office and Denial of access Notice

Post by Jinxer on Thu Jul 13, 2017 12:14 am

I think you need to try and get this set aside and then you can defend against it. The court won't look at letters they will only look at the relevant forms, this is where tiggy was an expert. I think you have to fill in and send off form N244 which costs £255 or free if on low income.

Jinxer
Not so newb
Not so newb

Posts : 403
Join date : 2017-06-03

Back to top Go down

Re: Sheriffs Office and Denial of access Notice

Post by daveiron on Thu Jul 13, 2017 9:16 am

Sorry buddy, but you do seem to have brought a lot of this upon yourself by trusting everyone involved and letting them get on with it.
You say it was over valued by 70K. This was a business venture ,did you not check for yourself the value of the property ? Also by not going to court you have now made it a lot harder .Take Jinxers advice regarding set aside ,as i see it that is your only option to stall the process.
Regarding Troys workshop on Saturday ,I am sure if anyone can help you it will be Troy
You really need to ask yourself is working on Saturday more important than a 110K debt ?

I realise it sounds harsh but you are at the point where you have to fight hard or loose ,there is not a simple template letter that is going to fix this.

daveiron
Not so newb
Not so newb

Posts : 646
Join date : 2017-01-17

Back to top Go down

Re: Sheriffs Office and Denial of access Notice

Post by tapman1 on Thu Jul 13, 2017 6:40 pm

Thanks for the reply daveiron.
The lenders survey - why did they show me this. If your lender shows you a valuation would you not think this is a true valuation, why would you think it is not?
The surveyor is a professional whose reports should be accurate give or take 5%, not by 30%.
The solicitor had a duty to both myself and the lender.
I thought these people are the ones we can put our trust in as I did. Is there no accountability from these people.

Is there anyway to contact Troy ?

Thanks

tapman1
Newb
Newb

Posts : 8
Join date : 2017-07-07

Back to top Go down

Re: Sheriffs Office and Denial of access Notice

Post by assassin on Fri Jul 14, 2017 2:02 am

If the solicitors were working for both sides they are acting illegally, get the evidence and formulate a much parger claim against the solicitors for fraud.
avatar
assassin
Admin
Admin

Posts : 942
Join date : 2017-01-28
Location : Wherever I Lay My Head

Back to top Go down

Re: Sheriffs Office and Denial of access Notice

Post by tapman1 on Fri Jul 14, 2017 10:19 pm

Thanks for the reply.
Tried to sue the solicitors, but their indemnifying insurers will do not cover solicitors who intentionally act fraudulently. The solicitors were struck off for other fraudulent activities.

Will do a sicky at work tomorrow and attend Troy's Mortgage workshop.

tapman1
Newb
Newb

Posts : 8
Join date : 2017-07-07

Back to top Go down

I think I may have the same issue

Post by Bangzy1 on Sun Jul 16, 2017 3:42 pm

I had a letter from court and I did not open it until late but only to realise that it was a form and now it pass the 14 days and 28 days can I still deffand it or is to late to do anything, ,

I have already send them the 3 letters from get out of debtfree .org It a bet different from this one ,, I have created an agreement with them . I have a counter claim against them how do I go about it ?
And how do upload documents for othersale to see if it can be helped !. It a credit card debt sold to Cabot financial UK solincitor mortimer Clarke

Bangzy1
Newb
Newb

Posts : 1
Join date : 2017-07-15

Back to top Go down

Re: Sheriffs Office and Denial of access Notice

Post by Ausk on Thu Jul 20, 2017 11:07 am

@Bangzy1 wrote:I had a letter from court and I did not open it until late but only to realise that it was a form and now it pass the 14 days and 28 days can I still deffand it or is to late  to do anything, ,

I have already send them the 3 letters from get out of debtfree .org It a bet different from this one ,, I have created an agreement with them . I have a counter claim against them how do I go about it ?
And how do upload documents for othersale to see if it can be helped  !. It a credit card debt sold to Cabot financial UK  solincitor mortimer Clarke  

Hope this is not too late but get into the court urgently and find out what the story is with the application by the creditor or DC? Try to make an urgent application for a stay of execution and time for you to review documents received and put together your defense as is required by the relevant procedure.



Ausk
Not so newb
Not so newb

Posts : 188
Join date : 2017-06-03

Back to top Go down

View previous topic View next topic Back to top


 
Permissions in this forum:
You cannot reply to topics in this forum