Bailiffs...help?

debt_doctor

Hi,

The 'tactic' of creditors pretending not to get the court documents from debtors is rife i'm afraid, which is why these documents should always be sent by recorded delivery.

Any way what to do now. Firstly hide the car, and a locked garage is perfect.

You could also fill out form N245 and take to the court asap which will request a variation in the payment and a suspension of the warrant (bailiffs). This attracts a fee of £35 unless exempt.

Also the bailiff doesnt need your keys to take the car - they will simply hoist the front wheels up on to a truck and tow it away.

DD

fermi

debt_doctor wrote: »

The 'tactic' of creditors pretending not to get the court documents from debtors is rife i'm afraid, which is why these documents should always be sent by recorded delivery.

I've noticed. :rolleyes:

The system is useless, as it depends on the creditor's 'honesty'........... :rotfl:Sorry, funny concept. :rolleyes:

They just pretend they haven't received the offer which allows them to ask for a default judgement without any further notice.

doodlebug89

I will tell my mum about that form and we'll get it done ASAP.

We thought they were lying - unfortunately i don't think it was sent on recorded delivery but will double check..

doodlebug89

debt_doctor wrote: »

Hi,


You could also fill out form N245 and take to the court asap which will request a variation in the payment and a suspension of the warrant (bailiffs). This attracts a fee of £35 unless exempt.


DD

forgot to ask - where can we get one of those forms?

debt_doctor

fermi wrote: »

They just pretend they haven't received the offer which allows them to ask for a default judgement without any further notice.

Absolutely correct i'm afraid.

DD

fermi

From the court or here: N245 (pdf)

Factsheet here: Suspending a warrant or reducing instalments on a county court judgment

debt_doctor

Hi,
You can download one from here;
http://www.hmcourts-service.gov.uk/HMCSCourtFinder/FormFinder.do

Also, if you find you have proof of receipt ie recorded delivery then you immediately write to the court and creditor with your proof and ask the court to 'set aside' the judgement 'on their own initiative' which means back to the beginging and should not attract a fee if the proof is accepted.

DD

fermi

debt_doctor wrote: »

Absolutely correct i'm afraid.

DD

It still amazes me how rubbish the system is that it allows a creditor to do that. You would think that such an obvious avenue for abuse of the system would have been closed before now.

Lensman_2

The power of MSE strikes again Thanks posters (esp. Fermi and DD) from a now official supporter.

The only thing I can add here (and Im sorry it's no help for Doodlebug's Mum), is that you should go to court if you are defending a CCJ hearing. If you are reading this and it might happen to you, go along. It's nearly always a waiting room full of people in similar situations to you and the court itself is actually the office of the judge. It is you, the judge and the creditor's solicitor. At worst case, it is like seeing the headmaster at school - except the judge will listen to you. And it could make an awful lot of difference to your outcome.

debt_doctor

fermi wrote: »

It still amazes me how rubbish the system is that it allows a creditor to do that. You would think that such an obvious avenue for abuse of the system would have been closed before now.

...and here is another great creditor trick;

Debtor sends in offer of payment on court form. (recorded del so cant deny receipt). Creditor refuses offer so it is for court staff to decide payment level. They must folow strict guidlines on what debtor can afford to pay ( which is where most of the '£1 per months' come from.)

Creditor asks for 'redetermination' as they are allowed to do. They do this because they know that the redetermination must be heard by a district judge, who can completely ignore the guidlelines that court staff must follow, and often do, resulting in unaffordable instalments.

Just another example of the 'fairness' :rolleyes:of the court system.

DD