Bailiffs have charged £2,300 on a £2000 debt, how???

[dave233]

My mate purchased lot different lots of items. One, the item was all used and faulty and the other he wanted to send back and notified them within 7 days and paid a return delivery charge for that as he had to pay it to have the item taken back as they said, but they kept phobbing in offwhen it came to collecting the item and then told him they no longer accepting the return a few months down the line and never refunded the delivery charge which he has proof of payment and proof in emails that they agreed to the returns of the item in the first place. In anycase he has not used that item and it's still in it's original place and package where it was when he received it.

Anyway due to the dispute he never paid for the items and therefore went to a debt collecting agency where he was told he could either pay the full amount of pay £200 a week. He decided pay £200 a week. The overall debt with the last £200 payment made it go to £3,200, he paid around £800 and it only knocked off around £300 of the overall debt. Something then happened where he was told by a debt letter that he must now pay the full amount within 7 days or the bailiffs will be knocking. He couldn't pay it and told them he could pay £1,500 within 7 days and then £1,000 the week after and the remainder the week after that. But they wanted it all. So even though he paid £1,500 making total owing to now be £1,700, the bailiffs still came out, they came out Wednesday. The amount he now owes is £4,000, the would not take no for answer and has put a seizure on everything including things that isn't his. They now demand he pays £2,000 Friday just 2 days after they had been and the other £2,000 the Friday after that. How can these have charged £2,300 for coming out. I don't get it, I've read information on this site an new laws came in April where they could only charge £75 and then two hundred and something, how they managed to more than double what he owes. Does anyone know if this is right or if he is being done over. He can't pay the £2,000 this Friday as he has the total in cheques, but they will not clear in time. The worst thing is, I have a feeling they will come out again and probably slap on another £2,000 or more.

Someone please give a bit of advice. Thanks

[bizzybob]

Re: Bailiffs have charged £2,300 on a £2000 debt, how???

What is the DCA? it could be that the creditor has obtained a default CCJ, and sent an Enforcement Agent,

[dave233]

Re: Bailiffs have charged £2,300 on a £2000 debt, how???

What is the DCA? it could be that the creditor has obtained a default CCJ, and sent an Enforcement Agent,

Hi,

Yes an enforcement agent came out? Not sure what the DCA was. He had no bailiffs or anything, just straight to an enforcement person. My friend wants to take this company that has put him in this mess to court or do something because he has been ripped off and he is the one paying the price, it's stressing him out because he got ripped off with one item as it wasn't fit for purpose and the other item he wanted sent back and notified within 7 days and they agreed, he paid postage to the company he purchased it off as they have their own dedicated lorries, but they never picked it up in the end as they ended up refusing and kept the £65 delivery fee he paid. The EU law says that all consumers have the right to be able to return any items purchased within either 7 or 14 days as a cooling of period. So I believe they broke the law here. He did purchase these for the business, but surely it's the same rules for a business.

[dave233]

Re: Bailiffs have charged £2,300 on a £2000 debt, how???

Today had to pay the first £2,000 of the £4,000 debt, he managed only to get £1,200 where half of it was from me. It seems this enforcement agent now's he can't afford it and aiming to get as much as possible because now he's not met the £2,000 payment they probably be out again and add another £1,500 or so to the debt. It's come to the point though where he is trying his hardest to get the money, he can only earn x amount a week, they have not given him any time, they are not giving him any leeway, they are not moving on the amounts he can pay and the time frame, etc. This all stinks! The worst thing is, he's being frightened in that if he doesn't pay he may lose alot of stuff and get into serious debt where he would lose everything due to it, but he's been told by a solicitor that he should refuse to pay and ask for the court trial thing to be redone because he was not there, he couldn't get his say and didn't even know one had taken place. Therefore you couldn't defend himself in the reason why he didn't pay for the stuff. Afterall one item not fit for purchase and the other he paid to get returned. The court didn't know that, the company that sold him the stuff probably lied thru their back teeth. May mate has email proof that they said they would take it back, he even has statement showing he paid them another £65 to get one of the items returned. But none of that could be mentioned in court because he didn't even know about it in the first place, so couldn't defend himself and now it's come to enforcement agents and everything. Stinks.

[wales01man]

Re: Bailiffs have charged £2,300 on a £2000 debt, how???

Was the CCI defended?

[dave233]

Re: Bailiffs have charged £2,300 on a £2000 debt, how???

Was the CCI defended?

What does CCI mean and defended by who?

[ploddertom]

Re: Bailiffs have charged £2,300 on a £2000 debt, how???

Has this ever gone to Court?
Has a County Court Judgment been registered & if so for how much?
What paperwork exists?
Which Enforcement Co is it?

[wales01man]

Re: Bailiffs have charged £2,300 on a £2000 debt, how???

CCJ sorry my fat fingers again

[bluebottle]

Re: Bailiffs have charged £2,300 on a £2000 debt, how???

Could you answer Ploddertom's questions, please? It is very important we establish the status of this debt.

[dave233]

Re: Bailiffs have charged £2,300 on a £2000 debt, how???

He had a letter saying if the debt wasn't paid then enforcement people will come out which was the £75 letter which he paid £90 probably due to VAT, once they came out he had documentation of the costs like bailiff fees, 7.5% fee, £235 Fee, etc. He believes it did go to court in the county of the company that took it to court, but apparently before it went to court my mate received no letters saying it was going to court, he also has not received any court letters that says things like "County Court Judgement Letter". He's asked advice of a solicitor and the solicitor is looking into the court and stuff because he had not been told it was going to court so he couldn't even go to court to defend himself.

[ploddertom]

Re: Bailiffs have charged £2,300 on a £2000 debt, how???

If not already done he needs to check his Credit File and/or Registry Trust to see if he has a CCJ against him.

[dave233]

Re: Bailiffs have charged £2,300 on a £2000 debt, how???

If not already done he needs to check his Credit File and/or Registry Trust to see if he has a CCJ against him.

I'll let him know.

There was this guy I knew that went to prison for a drugs offence, he had finance and when he went inside even though his parents could cover the finance each month, they repossessed his stuff because he broke the finance terms. My mate now has a lot of things on finance for his business where some terms are 4 yrs and he has already paid 2 yrs worth on some of the items. If he has a county court judgement is this likely to affect his finance on all his other items like repossession and stuff as I don't have a clue. If it does then is crazy how a company that has broken the law has damaged his live and lifelyhood.

Also my mate has been told by a solicitor not to pay this debt including the bailiff fees because once paid, he will no longer be able to take action against the company that has done all this to him because he paid it, it then shows that he was happy with what he received even though he is being frightened into paying it and practically forced, because if he don't pay they take his stuff meaning he can't do business and he has finance to pay so has to keep the business flowing or he will not be able to pay his monthly finance fees on the business equipment, I'm also worried because I'm an actual guarantor for around 2 of his finance agreements on some of his stuff.

He wants to take this company to trading standards or some sort of company because one item was faulty which he told them about and the other he gave notice within 7 days that he wanted it return which they agreed and took the returns postage and never collected the items and also not refunded the postage. So they not only went back on their word, they also stole £65 from him for something he didn't receive. How I see it, solicitor says don't pay or can't take action on company an if he don't pay then bailiffs take stuff so he loses his business anyway because he will not be able to pay finance on the items as he can't earn meaning repossession on that and probably more bailiffs, it's just one nasty circle.

[bluebottle]

Re: Bailiffs have charged £2,300 on a £2000 debt, how???

If the claimant and their solicitors have mislead the court in any way, including making a false or fraudulent claim, they can and will be in very serious trouble indeed. He needs to get hold of the paperwork relating to the claim and take it from there. If false information has been laid before the court, then a stay of execution and set aside needs to be actioned asap.

[dave233]

Re: Bailiffs have charged £2,300 on a £2000 debt, how???

Thanks bluebottle. Anyone know about the finance on his other items he has, will a country court judgement make him lose them items like car hp finance and other finance on machines and stuff. These items have nothing to do with this company he has had problems with, but if he has a country court judgement, is that likely to make the other finance companies pull the plug and reposess even though he is keeping up with them payments.

Also, the debt collecting agency has brought in the bailiffs and not the company that sold the debt onto the debt collecting agency I believe, so that prior company probably gave the debt collecting agency false information.

[bluebottle]

Re: Bailiffs have charged £2,300 on a £2000 debt, how???

This needs to be chased up as a matter of urgency. Is it known for certain a debt purchasing company "bought" the alleged debt? If it is, then the debt purchasing company is equally a victim of the company your friend bought these iffy goods from. However, your friend needs to stop procrastinating and deal with this matter urgently.