Notice of Issue of Warrant of Control - Hoist Portfolio Holding 2 Limi

[cococat1]

Good evening all

Once again I am here and still trying to get through my debt which I have ignored in the past.
However moving on today I have received a letter from the County court business centre ? Is this the same as the court ?

The court are advising if I do not pay a debt of £2880.02 before 14th August 2015 the bailiff will call and may remove goods from my address for sale at public auction.


I have nothing here at this address which is mine everything in the property is my partners I own nothing. We are really concerned that he bailiffs will come and try to seize goods while I am not at the property and my partner is very concerned. Firstly are they able to remove goods from the property at all ? just so I can try advise and ease my partners concerns.

Secondly and more to the case this debt I have absolutely no idea what this is ? I have seen this on my credit search under the heading - other accounts if this is connected to Santander ? then I used to have an agreement with a previous partner in 2005 this was due to be paid off in 2010 which as far as I was aware this was paid in full. The hoist then shows on my credit score as opening balance 2010 £2582 - and defaulted since then.

Would I correct in asking for the following : under sects, 77/8/9 of the CCA 1974 ( as amended) to request a copy of the agreement and a current statement of the account, this is Not an admission of liability and has no effect on the provisions of the Limitations Act 1980.

Simply because I do not know what this account is .


Look forward to hearing from you again as my other posts has also not gone according to plan if any body is able to advise on that one also

Many thanks
Lee

[cococat1]

Re: Notice of Issue of Warrant of Control - Hoist Portfolio Holding 2 Limi

I have since now sourced letters for the above :

24/1/2015 SANTANDER
wrote advising a debt had been sold to Hoist Portfolio and managed by Robinson Way debt collectors.
This has been confirmed in letter format from Hoist on the 24/1/2015 followed by Robinson on the 26/1/2015 then no more letters or correspondence until today

Hope this helps a little more
Still no idea of this debt >

Regards
Lee

[FlamingParrot]

Re: Notice of Issue of Warrant of Control - Hoist Portfolio Holding 2 Limi

Once again I am here and still trying to get through my debt which I have ignored in the past.
However moving on today I have received a letter from the County court business centre ? Is this the same as the court ?

Yes, that's the centralised processing centre for money claims.

The court are advising if I do not pay a debt of £2880.02 before 14th August 2015 the bailiff will call and may remove goods from my address for sale at public auction.

If you have a CCJ and are not making any payments towards it they can apply for a warrant of control. You can apply to suspend the warrant by filling in form N245 and providing your financial details and making a repayment offer you can afford, even if it's just £1/month, as long as your financial statement shows that's all you can afford. From your other thread you have other CCJs so you should take that into account when filling in the form. They should be listed under Item 9 - Court Orders rather than 10 where you'd only put those debts not subject to a judgment. You'll find the form here: http://hmctsformfinder.justice.gov.u...s/n245-eng.pdf

You need to send that to the court that issued the warrant. From what you say above it's not clear whether a warrant has already been issued or whether the claimant is saying if you don't pay they will apply for a warrant. It would help if you could remove your personal details and post up the document you've got. :typing:

Have you got the date of the judgment? In some cases, default judgments can be set aside but you can only do that if they are fairly recent and you have a good prospect of defending the debt as well as not having received the claim form. You may want to look at these threads:

• http://www.legalbeagles.info/forums/...ants-in-Person
• http://legalbeagles.info/library/how...-judgment-ccj/
• http://www.legalbeagles.info/forums/...lication-notes

I have nothing here at this address which is mine everything in the property is my partners I own nothing. We are really concerned that he bailiffs will come and try to seize goods while I am not at the property and my partner is very concerned. Firstly are they able to remove goods from the property at all ? just so I can try advise and ease my partners concerns.

If bailiffs turn up, you don't have to let them in, if you don't, then they can't remove any goods. They are not allowed to force entry and under new regulations they can only gain entry through 'usual means' of entry such as an unlocked door (but no longer through a window). They can, however, remove goods outside your house, for example a car, bike or motorbike. It would be a good idea to keep any bikes indoors and your car parked well away from the house.

Secondly and more to the case this debt I have absolutely no idea what this is ? I have seen this on my credit search under the heading - other accounts if this is connected to Santander ? then I used to have an agreement with a previous partner in 2005 this was due to be paid off in 2010 which as far as I was aware this was paid in full. The hoist then shows on my credit score as opening balance 2010 £2582 - and defaulted since then.

Would I correct in asking for the following : under sects, 77/8/9 of the CCA 1974 ( as amended) to request a copy of the agreement and a current statement of the account, this is Not an admission of liability and has no effect on the provisions of the Limitations Act 1980.

As the creditor has obtained judgment, the above no longer applies. The duty to supply you with a copy of your agreement under the above quoted sections ends with judgment being obtained as the judgment supersedes any agreement. CCJs do not go statute barred and, for the purpose of limitation, the clock stopped when a claim was issued. If the debt had been SBd at the time the claim was issued, then you could apply for the judgment to be set aside as SBd is an absolute defence.

Look forward to hearing from you again as my other posts has also not gone according to plan if any body is able to advise on that one also

Have posted on your other thread. :thumb: