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Moon phases


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Post by masterofjedi on Mon Nov 25, 2019 12:12 pm

Hello there again , thank you all for the advice about the debt with British Gas , however as advised by Lionshare I am asking for help again Sad , unfortunelty I got into debt with a catalogue for £ 5, 0000 eventually I got a claim form from I think combined court asking to fill in income details to work out how much I can pay back , worked out it was only £1.00 a month , was paying that for a while , when someone said there would not pay it , if it was them , so I thought about it and stopped paying it , now a few months back I got a letter saying a bailiff will be calling with a warrant for enforcement action to place to remove goods , now me panicking contacted the solicitors who I think the debt is with there in turn asked sent a income form , which stupidly I filled in only for me to do it wrong , there sent another form 2 weeks ago asking to fill in again , now first I was told to not make any contact with anyone which is my first mistake , I have not filled in the 2nd income form yet , now today hand posted was a letter saying if I don't pay in full a bailiff will call to take goods and and will not receive any further notice , I know I messed up I really don't know what to do now , any help will be appreciated , I dare not go out in case there call as well , thanks

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Post by LionsShare on Mon Nov 25, 2019 12:20 pm

moved to debt forum.

Sorry debt is not my area of expertise, someone should be along soon to help.
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Post by masterofjedi on Mon Nov 25, 2019 12:28 pm

@LionsShare wrote:moved to debt forum.

Sorry debt is not my area of expertise, someone should be along soon to help.

ok thank you

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Post by daveiron on Mon Nov 25, 2019 12:40 pm

Has this been to court ?
In the meantime DO NOT OPEN TO DOOR TO BAILIFF . they cannot force entry. Your vehicle will be
an easy target ,so keep it locked in a garage or on someone else's property . If that is not possible
park it well away from the house ,presuming of course it is registered in your name.
Be aware if you let the bailiff in once ,they can then legally force entry at any time.
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Post by masterofjedi on Mon Nov 25, 2019 12:52 pm

@daveiron wrote:Has this been to court ?
In the meantime DO NOT OPEN TO DOOR TO BAILIFF . they cannot force entry. Your vehicle will be
an easy target ,so keep it locked in a garage or on someone else's property . If that is not possible
park it well away from the house ,presuming of course it is registered in your name.
Be aware if you let the bailiff in once ,they can then legally force entry at any time.  

Hello there , first thank you for your help on the British Gas matter , no it is has not gone to court , for now some threatening letters that are making me feel ill with worry , the car is in my husbands name , as for opening the door always been careful about that even getting our son to still let us know if hes outside to let him in

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Post by daveiron on Mon Nov 25, 2019 1:21 pm

If the debt is in your name only,then they should not be able to take the car if it belongs to your husband.
Keep that paperwork handy as you may need it.
The bailiffs may try three times ( that seems to be usual number) before they pass it back.
However be prepared as it may well then go to court later.
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Post by masterofjedi on Mon Nov 25, 2019 1:25 pm

@daveiron wrote:If the debt is in your name only,then they should not be able to take the car if it belongs to your husband.
Keep that paperwork handy as you may need it.
The bailiffs may try three times ( that seems to be usual number) before they pass it back.
However be prepared as it may well then go to court later.  


yes I have heard that , so for now I should ignore the letters ? also if or when it may to court is there any advice or it is really a dead end for me , would it be worth filling in the income form again

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Post by daveiron on Mon Nov 25, 2019 1:55 pm

First I would download a WOIRA notice ( its here on site) make sure you fill in your address,and then put
it in a prominent place ,(front door is good) send a copy to bailiff asap. remember at this stage they are
only acting as a debt collector.
Has the debt been purchased or is it still with the original creditor ?
Do you have the original paperwork from the company as £ 5k seems to be a very large credit limit ?
Are you sure there is no judgement against you ? A warrant of enforcement is only to enforce a court
judgement.
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Post by masterofjedi on Mon Nov 25, 2019 2:33 pm

@daveiron wrote:First I would download a WOIRA notice ( its here on site) make sure you fill in your address,and then put
it in a prominent place ,(front door is good) send a copy to bailiff asap. remember at this stage they are
only acting as a debt collector.
Has the debt been purchased or is it still with the original creditor ?
Do you have the original paperwork from the company as £ 5k seems to be a very large credit limit ?
Are you sure there is no judgement against you ? A warrant of enforcement is only to enforce a court
judgement.

would that the removal of implied rights access notice ? were would I put the address.As for a judgement I have not received anything apart from these threatening letters , the debt as far as I know is with Drydens solictors , when I was paying the pound a month that is who I was sending payment to , sorry for all the questions

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Post by daveiron on Mon Nov 25, 2019 3:39 pm

Here it is , open the top attachment. Where it says " access to the property known as ".that is where you
add your address

https://goodf.forumotion.com/t264-removal-of-implied-right-of-access
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Post by masterofjedi on Mon Nov 25, 2019 5:13 pm

@daveiron wrote:Here it is , open the top attachment. Where it says " access to the property known as ".that is where you
add your address

https://goodf.forumotion.com/t264-removal-of-implied-right-of-access

yes I was looking at that , I don't suppose I could hand write them could I , having trouble accessing a printer at the minute

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Post by daveiron on Mon Nov 25, 2019 5:52 pm

Yes hand written is fine.
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Post by masterofjedi on Mon Nov 25, 2019 6:46 pm

@daveiron wrote:Yes hand written is fine.



thank you for that ,I will dothat , and see how I get on , thanks again !

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Post by waylander62 on Wed Dec 18, 2019 7:56 pm

only just seen this !?

it MUST have gone to court ?? they can't use bailiffs to collect a simple debt without a court order of some sort likely in this case to be a county court judgment ??

this needs checking urgently as i will bet you have a CCJ for this debt.

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Post by masterofjedi on Wed Dec 18, 2019 9:06 pm

as far as I am aware it has not gone to court as I explained I was paying a pound, I thinking it was because I stopped paying the pound that there harassing me Neutral

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Post by waylander62 on Wed Dec 18, 2019 9:13 pm

with bailiffs ?? highly unlikely

your first post a CLAIM FORM from a combined court ? courts do not get involved in collection of CCA debts !! unless there is already a court order in place ! then the court will get involved and see how much you can afford to pay ignoring this will cause you problems as a court order has already been granted to the claimant and the claimant is enforcing this judgment
ie attachment of earnings, charging order against your property or bailiffs

check your paperwork for a CLAIM NUMBER check with the court and i think you can check on trust pilot. I will bet you have a CCJ.

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Post by masterofjedi on Wed Dec 18, 2019 9:21 pm

would that be trustonline to check for ccj

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Post by waylander62 on Wed Dec 18, 2019 9:25 pm

yes probably, something i have never done myself

maybe someone who has done this before would confirm but it does sound correct.

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Post by masterofjedi on Wed Dec 18, 2019 9:31 pm

sorry the claim form what I filled in first was from county court business centre , were I have to pay the full amount is combined court centre in the town were I live

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Post by waylander62 on Wed Dec 18, 2019 9:36 pm

well then it sounds like they took you to court

you say you filled in the claim form ? can you explain what you mean by filled in ?

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Post by masterofjedi on Wed Dec 18, 2019 9:44 pm

As far as I can remember it was a form from County Court Business Centre , asking for a offer of payment or it was to fill in a income form , very sorry but I can't remember , I was scared anyway so I filled it in , there got back to me saying that the claimant had accepted the offer of £1.00 a month which really I would be paying off for the rest of my living days , as said before I listened to someone , who said there would stop paying it if it was them so I did , and now I am in this situation ,

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Post by waylander62 on Thu Dec 19, 2019 12:17 am

ah i think i see now

well.... you may have escaped a CCJ but you have admitted to the court that you owe the money and have agreed with the court that you will be paying this at £1 per month which seems to have been accepted.

now you have stopped paying it the claimant is taking further action with what seems to be the help of the court, you should not have stopped paying, i cant see what option you have other than going to the CAB ( cant believe i am suggesting this ) or maybe going to a solicitor for a free half hour consultation.

you have admitted the debt in full and agreed using official court paperwork to pay what you have admitted to owing. you need to start paying something again or it could get quite nasty.

It may be worth sending a SAR to the original creditor to see what paperwork there is and if you do not have a CCJ then you could prove the debt is unenforceable where you have further options, but initially you need to sort this out before it gets too nasty.

check for a CCJ anyway.


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Post by masterofjedi on Thu Dec 19, 2019 8:54 am

ok firstly what is a SAR , also when I admitted to the debt I thought it was the original creditor not the 3rd party interloper I made a mistake on learning I made the mistake I stopped paying as I don't owe them even though I admitted it I thought it was the original creditor is there anyway I could tell the court it was mistake as I was not in the right sound of mind as I was suffering from a immense amount of stress due to debts piling up therefore I want to null whatever I did is there any way of doing it I still am under a large amount of stress and this is not helping , theres got to be a way of undoing it

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Post by daveiron on Thu Dec 19, 2019 9:58 am

Write or email to the original creditor.

This is a Data Subject Assess Request
Please supply any and all information you hold in relation to [ add your name & address here]
Please supply the information within the timeframe allowed.


That is really all you need ,there is no charge & they must comply. There are other templates about
but they tend to get into specifics ,which is not nessessary . You are requesting ALL info ,and that is
what you should get.

Take waylanders advice & get this done asap. Hope this helps.
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Post by waylander62 on Thu Dec 19, 2019 10:01 am

there may be a way of undoing it but it would be very difficult NO disrespect to you but from your posts it is quite clear that you do not have any understanding of how all of this works.

the argument that you didint know who it was will not wash with the courts because it will quite clearly state on the claim form who the claimant is

others may offer different opinions on this but all i am trying to do is to warn you of what might happen and what your position 'seems' to be.

without knowing the full details it is impossible to say

" you dont owe them even though you admitted it" please explain what you mean by this.

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