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Hi everyone,
First time posting and ill try to be as informative as possible as to what has happened in the last few month,
Just a bit of background:
CCJ was issued in June 2014 to my old address, I left this address in 21st Sept 2013.
From the start,
On the 15 of April 2017 i received a letter from Andrew Wilson & Co regarding an outstanding CCJ (June 2014) that they were now instructed to collect upon (Been transferred to High Court). On the same day i tried to contact AW & CO by telephone but each time i tried to call the line would not connect. I then sent them an email stating i was trying to call and could not get connected to the number on the notice and if they had an alternative contact number.
On the 19th of April i received a response back from them with the same contact number this time called and connected. I spoke to one of their team on the phone and gave them the reference number on the paperwork ect. I started that i did not know about this CCJ and what they were actually collecting for and if they could provide me with some information regarding this letter we had received.
The lady on the phone told me that a CCJ had been gained against me and now it had been transferred to them to enforce as a high court writ. I questioned this with her about what this was for and when and how it had got this far without my knowledge. Her response was she could not discuss the details of the case as the are only enforcing the debt but there was an outstanding balance £1.089.79 (£999.35 Debt - £0.44 Interest -£90 Compliance stage) how would you like to pay?
My response obviously was im not paying for something i know nothing about! I have no intention of paying for something unless i had seen proof and understood what this debt was. As i refused to pay she said that enforcement agents would then need to attend my property to discuss and that was the end of the call.
5th of May i returned home from work to find a letter posted through the door (Formal Notice: Intention to take control of goods) from AW & CO. Signed E. Lambert.
Total sum outstanding as of 28/04/2017 £1915.08
If sum remains unpaid and further action is taken £2545.08
Daily Interest of £0.22p
I rang the number on the form and spoke to Mr E.Lambert and again asked if he could tell me what it was about and if i could see some paperwork to verify what this was about. His response was the same as the women's how would i like to make payment ect and as i refused until i had seen documents he said he would then re attend to take control of goods. -- end of call--
15/05/2017-20/05/2017 Not 100% sure on the date as forms do not have any dates on them when they post them through the door.
Same letter was posted through the door by a Mr Murphy but this time also hand written on the paperwork was a notice with the vehicle registration of the car i drive as well as value £3500 Free of Finance. At this stage i was starting to get really annoyed that this was happening and still i was getting no where. I rang Mr Murphy and said why have you written the car reg down on this paperwork and what the hell is going on. His response was he attended today to seize the car as i had not made payment and if i wanted to keep the car then he would require payment in full. I informed him that i still have not seen any paperwork apart from what they put through the door and that the car did not belong to me. I am the registered keeper and yes i am insured to drive the car but i have proof here with me of the sales receipt from the garage it was bought. (Car belong to my partners Granddad). The card receipt for the payment and also the transaction on the bank statement from her Grandparents bank account. I asked if he was local and if could re-attend so i could see the paperwork from him and also show him the paperwork for the car.
His response was he was no longer in the area and he would make a note that they would call me next time when they were going to be attending so i can make sure i am at home and can see his paperwork and he could see mines. So now i thought great we are going to start getting this resolved and ended the call feeling a bit less stressed. How wrong was i!
Fast forward to Tuesday the 6th of June 8:30pm. I was upstairs putting my daughter to sleep and as we have a long pebble drive i could hear a vehicle coming down the drive. I look out of the window and there was a white van blocking the car i drive in between our neighbours fence and our garage. The driver got out who was absolutely huge and started walking up to the front door. He banged the door so much i thought he was going to knock it off the hinges. I pop out of the top window and he said are you ...............I obviously responded with yes. Im here regarding a high court writ we either need full payment or the car will be removed. I asked him to hang on while i got dressed and went down stairs. I didn't open the door as this guy was very intimidating and i spoke to him through the kitchen window. I informed him i have spoke to a Mr Murphy and you were going to ring me before you attended so i could see the paperwork and i had the paperwork to show the car did not belong to me.
At this stage he walked to the back of the car so i went out the front and got my partner to lock the door behind me. I showed him the documents mentioned previously regarding the car and he said what about your insurance and V5. I said thats in my name as i drive the car but does not belong to me and we both know that does not prove ownership of the car. The response i got was that things have changed and the car will be seized and it would be up to my partner grandparents to go to court and get the car back if they can prove they own it.
At this stage i asked for his ID and he refused to show it and also refused to show me any paperwork, he asked one more time if i would like to make payment again i said not unless i get to see the CCJ or the High court Writ. So he walk to his van and said that ok ill call recovery now and have the car removed they will be here in around 40 mins so i suggest you start making some calls to try raise some funds and went and sat in his Van.
This is where i started to panic, I got the car keys and sat in the car started the engine and locked the doors to try stop them taking it when recovery arrives. around 30 minutes later 2 police officer walk down my drive and go straight to the HCEO van and they have a good chat for around 10 minutes before they eventually walk over to me. I rolled the window down around half way and told them i have not seen anything from this man in regards to paperwork to prove this or even his ID. I asked them if they were only there to stop a breach of the peace and they agree, But also said that me sitting in the car was obstructing the HCEO in his duty and that was an offence. I had a chat with the police for a few minutes telling them what had happened ect and it became very apparent that they didn't really care what i had to say. One of the officers turned around and said well you have had 4 years to sort this out (HCEO obviously told them that) and you have just ignored it why dont you just pay it or ring some family to pay it for you.
I explained to the officer that the car was not mines and i have the paperwork to prove this and that the car was owned by my partners grandparents and they were currently travelling in France. The female officers responded cant you ring them and ask them to pay or let the HCEO take the car and they can go to court and get it back. A few other things were said and the looks she was giving me i could tell it was not getting any help from them so politely told them i am not going to cause any breach of the peace or obstruct the HCEO but i will not be leaving the car. As this point they spoke to my partner who was now standing at the door and then spoke to the HCEO the police left and he sat back in his van saying recovery would be here soon.
So at around 10:45pm the recovery truck arrived and the HCEO came back to the car and said ''At the moment everything has been a civil case, but if you refuse to get out of the car you are obstructing me in my duty then that will be criminal and you will be arrested". I told him i was not getting out of the car and he would need to call the police again they they will have to attend.
At the same time the Recovery driver walked down the drive. As its quite tight and steep to get down he had a look to see if he could get down. Then looked at where the car was and said to the HCEO that it will be difficult to get the car on the truck from where it was but should be able to do this. (Driver didn't notice i was sat in the car and heard everything he said). At this time the HCEO van was still parked behind me but he would have to move before the recovery truck could get in. As i heard the conversation about the car being difficult to load and the HCEO had not clamped the car. As soon as he moved up the drive and gave me some space i move the car closer to a tree and the house to make it even more difficult to remove. At this stage i got out the car locked it and and gave my partner the keys to hide in the house.
The HCEO then came storming up the drive saying the car is seized you cannot move it and obviously felt pretty stupid about not clamping the car before he moved his van. (In my eyes no paperwork, no clamp car was not seized and i kept telling him he can only seize my goods and as this did not belong to me cannot be seized).
So.....after a long night i made it slightly longer for them as they both stopped and spoke for 15-20 minutes looking and discussing how they could remove the car. Recovery driver was like ill just break the window and get in, and drag it out on the winch and if it get damaged ill have to pay for it. HCEO was constantly asking for the keys at this point as i refused he rang the police and accused me of obstructing him.
10 Minutes later 2 police officers arrived (Different two from before) and asked me to give them the keys and if i refused that would be classed as obstruction and i would be arrested. I told them i no longer had the keys and dont know where they are. They then all spoke in private and the recovery truck was moved closer to the car and he got out the winch. At this point i told the police are you really allowing them to do this, I have not seen any paperwork or even seen his ID and you are letting them steal a car that dose not belong to me. One of the officers then responded ''We have seen it so you don't need to see it" i asked over and over again for the HCEO to show me some documents. He eventually went to his van and produced a laminated piece of card telling me about (Schedule 12 to, the Tribunals, Courts and Enforcement Act 2007).
The HCEO then said to the recovery driver to attach the winch and pull the car out and if its damaged its me who has got to pay and the police wont stop him.
This is where i had to get everyone to stop and rang my parent to pay the bill until i can try and get this resolved. I could not let them take the car or have it damaged as its used weekly for my partners and daughters hospital appointment.
Payment was made and then the HCEO who tuned out to be Mr E.Lambert from the first letter that was posted through my door. Still did not show me any ID or paperwork regarding the writ or CCJ gave me a letter same as before (Formal Notice: Intention to take control of goods).
Fees were now: £2557.80 that was paid to stop the car being stolen.
I am sorry this is such a long post but i just wanted to tell the whole story to get as much help as possible as to my next course of action.
I obviously would like to get this set-aside as i never knew about the CCJ until the HCEO started racking up the fee's and feel it is really unfair. If and when i can get it set aside i would then like to go after the bailiff as a believe he has broke the law and i want and apology from the police at least for how they treated me. Also the police witnessed him not showing me his ID or Paperwork and said they had seen it so i dont need to which i think is a stong point i can hold against the HCEO.
Thank you all for reading.
Lockie.
First time posting and ill try to be as informative as possible as to what has happened in the last few month,
Just a bit of background:
CCJ was issued in June 2014 to my old address, I left this address in 21st Sept 2013.
From the start,
On the 15 of April 2017 i received a letter from Andrew Wilson & Co regarding an outstanding CCJ (June 2014) that they were now instructed to collect upon (Been transferred to High Court). On the same day i tried to contact AW & CO by telephone but each time i tried to call the line would not connect. I then sent them an email stating i was trying to call and could not get connected to the number on the notice and if they had an alternative contact number.
On the 19th of April i received a response back from them with the same contact number this time called and connected. I spoke to one of their team on the phone and gave them the reference number on the paperwork ect. I started that i did not know about this CCJ and what they were actually collecting for and if they could provide me with some information regarding this letter we had received.
The lady on the phone told me that a CCJ had been gained against me and now it had been transferred to them to enforce as a high court writ. I questioned this with her about what this was for and when and how it had got this far without my knowledge. Her response was she could not discuss the details of the case as the are only enforcing the debt but there was an outstanding balance £1.089.79 (£999.35 Debt - £0.44 Interest -£90 Compliance stage) how would you like to pay?
My response obviously was im not paying for something i know nothing about! I have no intention of paying for something unless i had seen proof and understood what this debt was. As i refused to pay she said that enforcement agents would then need to attend my property to discuss and that was the end of the call.
5th of May i returned home from work to find a letter posted through the door (Formal Notice: Intention to take control of goods) from AW & CO. Signed E. Lambert.
Total sum outstanding as of 28/04/2017 £1915.08
If sum remains unpaid and further action is taken £2545.08
Daily Interest of £0.22p
I rang the number on the form and spoke to Mr E.Lambert and again asked if he could tell me what it was about and if i could see some paperwork to verify what this was about. His response was the same as the women's how would i like to make payment ect and as i refused until i had seen documents he said he would then re attend to take control of goods. -- end of call--
15/05/2017-20/05/2017 Not 100% sure on the date as forms do not have any dates on them when they post them through the door.
Same letter was posted through the door by a Mr Murphy but this time also hand written on the paperwork was a notice with the vehicle registration of the car i drive as well as value £3500 Free of Finance. At this stage i was starting to get really annoyed that this was happening and still i was getting no where. I rang Mr Murphy and said why have you written the car reg down on this paperwork and what the hell is going on. His response was he attended today to seize the car as i had not made payment and if i wanted to keep the car then he would require payment in full. I informed him that i still have not seen any paperwork apart from what they put through the door and that the car did not belong to me. I am the registered keeper and yes i am insured to drive the car but i have proof here with me of the sales receipt from the garage it was bought. (Car belong to my partners Granddad). The card receipt for the payment and also the transaction on the bank statement from her Grandparents bank account. I asked if he was local and if could re-attend so i could see the paperwork from him and also show him the paperwork for the car.
His response was he was no longer in the area and he would make a note that they would call me next time when they were going to be attending so i can make sure i am at home and can see his paperwork and he could see mines. So now i thought great we are going to start getting this resolved and ended the call feeling a bit less stressed. How wrong was i!
Fast forward to Tuesday the 6th of June 8:30pm. I was upstairs putting my daughter to sleep and as we have a long pebble drive i could hear a vehicle coming down the drive. I look out of the window and there was a white van blocking the car i drive in between our neighbours fence and our garage. The driver got out who was absolutely huge and started walking up to the front door. He banged the door so much i thought he was going to knock it off the hinges. I pop out of the top window and he said are you ...............I obviously responded with yes. Im here regarding a high court writ we either need full payment or the car will be removed. I asked him to hang on while i got dressed and went down stairs. I didn't open the door as this guy was very intimidating and i spoke to him through the kitchen window. I informed him i have spoke to a Mr Murphy and you were going to ring me before you attended so i could see the paperwork and i had the paperwork to show the car did not belong to me.
At this stage he walked to the back of the car so i went out the front and got my partner to lock the door behind me. I showed him the documents mentioned previously regarding the car and he said what about your insurance and V5. I said thats in my name as i drive the car but does not belong to me and we both know that does not prove ownership of the car. The response i got was that things have changed and the car will be seized and it would be up to my partner grandparents to go to court and get the car back if they can prove they own it.
At this stage i asked for his ID and he refused to show it and also refused to show me any paperwork, he asked one more time if i would like to make payment again i said not unless i get to see the CCJ or the High court Writ. So he walk to his van and said that ok ill call recovery now and have the car removed they will be here in around 40 mins so i suggest you start making some calls to try raise some funds and went and sat in his Van.
This is where i started to panic, I got the car keys and sat in the car started the engine and locked the doors to try stop them taking it when recovery arrives. around 30 minutes later 2 police officer walk down my drive and go straight to the HCEO van and they have a good chat for around 10 minutes before they eventually walk over to me. I rolled the window down around half way and told them i have not seen anything from this man in regards to paperwork to prove this or even his ID. I asked them if they were only there to stop a breach of the peace and they agree, But also said that me sitting in the car was obstructing the HCEO in his duty and that was an offence. I had a chat with the police for a few minutes telling them what had happened ect and it became very apparent that they didn't really care what i had to say. One of the officers turned around and said well you have had 4 years to sort this out (HCEO obviously told them that) and you have just ignored it why dont you just pay it or ring some family to pay it for you.
I explained to the officer that the car was not mines and i have the paperwork to prove this and that the car was owned by my partners grandparents and they were currently travelling in France. The female officers responded cant you ring them and ask them to pay or let the HCEO take the car and they can go to court and get it back. A few other things were said and the looks she was giving me i could tell it was not getting any help from them so politely told them i am not going to cause any breach of the peace or obstruct the HCEO but i will not be leaving the car. As this point they spoke to my partner who was now standing at the door and then spoke to the HCEO the police left and he sat back in his van saying recovery would be here soon.
So at around 10:45pm the recovery truck arrived and the HCEO came back to the car and said ''At the moment everything has been a civil case, but if you refuse to get out of the car you are obstructing me in my duty then that will be criminal and you will be arrested". I told him i was not getting out of the car and he would need to call the police again they they will have to attend.
At the same time the Recovery driver walked down the drive. As its quite tight and steep to get down he had a look to see if he could get down. Then looked at where the car was and said to the HCEO that it will be difficult to get the car on the truck from where it was but should be able to do this. (Driver didn't notice i was sat in the car and heard everything he said). At this time the HCEO van was still parked behind me but he would have to move before the recovery truck could get in. As i heard the conversation about the car being difficult to load and the HCEO had not clamped the car. As soon as he moved up the drive and gave me some space i move the car closer to a tree and the house to make it even more difficult to remove. At this stage i got out the car locked it and and gave my partner the keys to hide in the house.
The HCEO then came storming up the drive saying the car is seized you cannot move it and obviously felt pretty stupid about not clamping the car before he moved his van. (In my eyes no paperwork, no clamp car was not seized and i kept telling him he can only seize my goods and as this did not belong to me cannot be seized).
So.....after a long night i made it slightly longer for them as they both stopped and spoke for 15-20 minutes looking and discussing how they could remove the car. Recovery driver was like ill just break the window and get in, and drag it out on the winch and if it get damaged ill have to pay for it. HCEO was constantly asking for the keys at this point as i refused he rang the police and accused me of obstructing him.
10 Minutes later 2 police officers arrived (Different two from before) and asked me to give them the keys and if i refused that would be classed as obstruction and i would be arrested. I told them i no longer had the keys and dont know where they are. They then all spoke in private and the recovery truck was moved closer to the car and he got out the winch. At this point i told the police are you really allowing them to do this, I have not seen any paperwork or even seen his ID and you are letting them steal a car that dose not belong to me. One of the officers then responded ''We have seen it so you don't need to see it" i asked over and over again for the HCEO to show me some documents. He eventually went to his van and produced a laminated piece of card telling me about (Schedule 12 to, the Tribunals, Courts and Enforcement Act 2007).
The HCEO then said to the recovery driver to attach the winch and pull the car out and if its damaged its me who has got to pay and the police wont stop him.
This is where i had to get everyone to stop and rang my parent to pay the bill until i can try and get this resolved. I could not let them take the car or have it damaged as its used weekly for my partners and daughters hospital appointment.
Payment was made and then the HCEO who tuned out to be Mr E.Lambert from the first letter that was posted through my door. Still did not show me any ID or paperwork regarding the writ or CCJ gave me a letter same as before (Formal Notice: Intention to take control of goods).
Fees were now: £2557.80 that was paid to stop the car being stolen.
I am sorry this is such a long post but i just wanted to tell the whole story to get as much help as possible as to my next course of action.
I obviously would like to get this set-aside as i never knew about the CCJ until the HCEO started racking up the fee's and feel it is really unfair. If and when i can get it set aside i would then like to go after the bailiff as a believe he has broke the law and i want and apology from the police at least for how they treated me. Also the police witnessed him not showing me his ID or Paperwork and said they had seen it so i dont need to which i think is a stong point i can hold against the HCEO.
Thank you all for reading.
Lockie.
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