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  • FIRST POST
    • twhitehousescat
    • By twhitehousescat 22nd Aug 19, 4:32 PM
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    twhitehousescat
    county court bailiff
    • #1
    • 22nd Aug 19, 4:32 PM
    county court bailiff 22nd Aug 19 at 4:32 PM
    how long does a active bailiff case stay live for

    a neighbour was taken to court by lowel , several weeks later they got bailiffs letter

    contacted bailiffs to say they had no money to pay , they told him to ring office in liverpool (I think) best they could offer was 4 payments (I think) over something like 3 mounths

    he receives esa (minimum)

    they suggested to ring lowells , who were helpful after he stated mental health problems and said they would get warrant retracted

    however they have wrote back asking him to jump thru hoops and provide info he cannot

    is the a time that the bailiffs have to act , or can he expect a knock on his door any time in next "XX" yrs
    Time pretending I was asleep whilst under his desk , has given me insight to this sordid world
Page 1
    • Gary_Dexter
    • By Gary_Dexter 22nd Aug 19, 5:28 PM
    • 6,200 Posts
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    Gary_Dexter
    • #2
    • 22nd Aug 19, 5:28 PM
    • #2
    • 22nd Aug 19, 5:28 PM
    What info can he not provide?
    • twhitehousescat
    • By twhitehousescat 22nd Aug 19, 5:39 PM
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    twhitehousescat
    • #3
    • 22nd Aug 19, 5:39 PM
    • #3
    • 22nd Aug 19, 5:39 PM
    What info can he not provide?
    Originally posted by Gary_Dexter
    letters from his doctor (he flatly refused to write letters to lowell <spit> (his words))

    full list of medication

    list of all dates he has contacted doctor , been to hospital and list of any other mental health staff that have assisted (names / addresses and dates)

    bank statements and letters from DWP going back well over 6-7 yrs

    and more
    Time pretending I was asleep whilst under his desk , has given me insight to this sordid world
    • nic_c
    • By nic_c 22nd Aug 19, 7:06 PM
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    nic_c
    • #4
    • 22nd Aug 19, 7:06 PM
    • #4
    • 22nd Aug 19, 7:06 PM
    so not so much that he cannot, but will not. You can't blame them for asking for proof if it's got as far as enforcement. Bailiffs may attend and may report back, e.g. if they fail to serve the warrant. Remember they are county court and not high court bailiffs.
    • Willing2Learn
    • By Willing2Learn 22nd Aug 19, 7:10 PM
    • 4,046 Posts
    • 3,615 Thanks
    Willing2Learn
    • #5
    • 22nd Aug 19, 7:10 PM
    • #5
    • 22nd Aug 19, 7:10 PM
    @twhitehousescat

    Can your neighbour get a Mental Health Evidence Form completed? That could be beneficial to your neighbour if Lowell were to have that evidence...

    http://malg.org.uk/wp-content/uploads/2017/04/Debt-and-Mental-Health-Evidence-Form-V3-June-2017.pdf
    Last edited by Willing2Learn; 22-08-2019 at 7:16 PM.
    I work within the voluntary sector, supporting vulnerable people to rebuild their lives.

    I love my job

    • sambaird
    • By sambaird 22nd Aug 19, 7:19 PM
    • 41 Posts
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    sambaird
    • #6
    • 22nd Aug 19, 7:19 PM
    • #6
    • 22nd Aug 19, 7:19 PM
    It sounds like your friend has some quite serious issues, and it may very well be the case that the debt could be written off because of them. However, in order to get to this point, your friend or yourself will actually need to engage with Lowell.

    The information that they have requested is not unreasonable when considering the above potential outcome - and while it may take some time to compile, it would not be that hard to obtain - if your friend is indeed being genuine about his circumstances. Lowell should indeed put the account on hold for a period of time for you to get this information together

    Letters from Doctors / Medication Lists / contacts with Hospitals are all quite easy to obtain - you will just need to contact them to start the ball rolling.
    The same with the Bank / DWP documentation.

    When you say ‘and more’... what do you mean?
    When raising an issue on this board, it is best to be as complete as possible - holding things back does not help.

    If your friend does not want to engage with Lowell, I would recommend that he asks you to become an Authorised 3rd party so you can communicate with Lowell on his behalf. This would only take one phone call - the details can be found on the Lowell website here:

    https://lowellsolicitors.co.uk/faqs/
    • twhitehousescat
    • By twhitehousescat 22nd Aug 19, 7:27 PM
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    twhitehousescat
    • #7
    • 22nd Aug 19, 7:27 PM
    • #7
    • 22nd Aug 19, 7:27 PM
    @twhitehousescat

    Can your neighbour get a Mental Health Evidence Form completed? That could be beneficial to your neighbour if Lowell were to have that evidence...

    http://malg.org.uk/wp-content/uploads/2017/04/Debt-and-Mental-Health-Evidence-Form-V3-June-2017.pdf
    Originally posted by Willing2Learn
    who issues that form , should lowells have sent it
    Time pretending I was asleep whilst under his desk , has given me insight to this sordid world
    • Willing2Learn
    • By Willing2Learn 22nd Aug 19, 7:34 PM
    • 4,046 Posts
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    Willing2Learn
    • #8
    • 22nd Aug 19, 7:34 PM
    • #8
    • 22nd Aug 19, 7:34 PM
    who issues that form , should lowells have sent it
    Originally posted by twhitehousescat
    I believe the form is issued by the Money Advice Liaison Group

    More info, guidance and consent form are available on the link below:
    http://malg.org.uk/resources/malg-mental-health-and-debt-guidelines/debt-and-mental-health-evidence-form-for-advisers-assisted-self-help/
    I work within the voluntary sector, supporting vulnerable people to rebuild their lives.

    I love my job

    • sambaird
    • By sambaird 22nd Aug 19, 7:48 PM
    • 41 Posts
    • 41 Thanks
    sambaird
    • #9
    • 22nd Aug 19, 7:48 PM
    • #9
    • 22nd Aug 19, 7:48 PM
    It may be the case that Lowell have their own internal procedures regarding Mental Health issues, but it’s definitely worth contacting them to check if they will accept a completed copy of that form in lieu of the medical evidence they have asked for previously.
    • twhitehousescat
    • By twhitehousescat 22nd Aug 19, 9:59 PM
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    twhitehousescat
    ok going back to first question lowells have retracted the warrent and now know of mental health issues (so do bailiffs and I presume court)

    can lowells just restart warrent or do they need to reapply ,, knowing that they know of mental health problems as does court
    Time pretending I was asleep whilst under his desk , has given me insight to this sordid world
    • sambaird
    • By sambaird 23rd Aug 19, 12:29 AM
    • 41 Posts
    • 41 Thanks
    sambaird
    This is just pure speculation on my part, but I have a feeling that what they have done is simply put the enforcement action on hold. This is pretty standard once ‘Mental Health Issues’ are mentioned. This is not the same as ‘Withdrawing a Warrant’. What it may mean is that bailiffs may not visit or call for a set period of time, giving your friend the opportunity to provide evidence of said ‘Mental Health Issues’.

    If no evidence is presented for Lowell to assess, then enforcement action will recommence.
    Simply saying that a person has mental health problems does not make the debt go away or enforcement action stop - it only pauses the process for a bit.
    This is why Lowell has requested the documentation they have - so they can make a determination based on verifiable evidence of a problem.

    Like I said... the above is just speculation... the only way you are going to know exactly where the process is at is to communicate with Lowell to find out the next steps. No-one in this forum will be able to say definitively. But what is for definite is if you don’t engage with them and provide the evidence they have requested, don’t be surprised that enforcement action restarts.
    • sassy-one
    • By sassy-one 24th Aug 19, 7:44 PM
    • 2,335 Posts
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    sassy-one
    Back to the point.


    Your " neighbour" need to supply the evidence they've requested.
    IF its causing them as much worry as your post suggests, then sending them even photos of those documents in an email will do - no need for a pen and paper!
    Now if "they" choose not to, then Lowell will continue the warrant action after the 30 day hold on the account.

    Finally, in future, if "they" can't afford things, don't run bills up and when they do, pay them instead of coming online and searching how you can escape enforcement and collection by asking how long do bailiffs stay involved.

    If "they" are as bad again as your post makes out, maybe they need someone to act for them, maybe you? That way it can be resolved.
    Life is to short to go on hating someone but there are some people who are pure evil and you are best far away as possible from.
    I've learned you should live every day as your last
    Snowflake <3 Always remembered
    Posted via my iPhone
    • keepcalmandstayoutofdebt
    • By keepcalmandstayoutofdebt 24th Aug 19, 9:11 PM
    • 3,757 Posts
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    keepcalmandstayoutofdebt
    however they have wrote back asking him to jump thru hoops and provide info he cannot
    Originally posted by twhitehousescat
    Why not??

    I provided a timeline of events job-wise, payslips, 'employment' letters to prove a point which made not one iota of difference, even so I really don't understand this position of not co-operating.

    In fact when I turned it on the creditor's so called debt collection and in return after three months trying to deal with this, they have just hung themselves - they only submitted an agreement in the previous owner's name!! Can't thank them enough for the personal data breach. I can't wait to go to court now and pull the agreement out which is in someone else's name!
    Not leaving my 'childhood' Home without a fight
    • sourcrates
    • By sourcrates 25th Aug 19, 10:19 AM
    • 18,230 Posts
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    sourcrates
    Dealing with Lowell is akin to dealing with the school bully, they wont listen until you punch them back, I suggest your freind stops communicating with Lowell, for the time being, as its never very productive.

    Instead they should pre-empt further enforcement action and apply to the court to suspend the warrent of control, you can do this even if the bailiffs have not yet attended, they fill in court form N-245 and return it to the court, there will be a fee, but remission is available on the fee, you may want to help them with the form filling ? ? ?

    Remisson form is EX-160.

    Prior to the court suspending the warrent, its important they do not allow the bailiffs access to the property, they cannot force entry, but can enter through an unlocked door, so keep them out.

    Next time you need bailiff advice, please post on the debt free wannabe forum.


    More info here, this is from buisness debtline, but advice still applies to individuals :


    https://www.businessdebtline.org/EW/factsheets/Pages/stoppingbailiffaction/countycourtbailiffs.aspx
    Last edited by sourcrates; 25-08-2019 at 10:36 AM.
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