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I had a CCJ from Natwest in 2003 for just under £10,000 combined loan and overdraft. I paid the monthly payment required but stupidly stopped paying last year as a considerably large portion of the debt is in fees and charges applied when they were not authorised to make any payment above an agreed overdraft limit. I' ve received a letter stating that a new firm of solicitors acting for them will be seeking a charge on property. 2 questions. Is it too late to have the CCJ put aside due to what could be unfair charges added ? If not, then what statement to give? Can I ask that any action be suspended or the case reviewed. Secondly, I am listed as a property owner but do not have full rights over a half share of the equity as my partner, by verbal agreement has, the majority through paying the mortgage and has already given me a large portion of what would be my equity leaving hundreds rather than thousands if it were sold. Any help appreciated.

I'm getting calls from a certain firm of solicitors, despite the debt being statute barred and court action that has been stayed for months without them responding to the defence. It's not my debt but it is my phoneline and I object to having messages left on it and when I answer it, some rude person insisting that I give them information. Steeley

I received letters today from both the bailiff company and the council. A summary of the councils letter says that that the police should be involved, but it's nothing to do with them. They also say that payments weren't being paid off the arrears and that the bailiffs had not been met in amicable circumstances whenever they have attended ( I take that last statement as reference to us refusing to deal with them and allow them entry). The letter concludes that they have instructed the bailiffs to take action still and that bankruptcy proceedings will be forthcoming unless full payment is made. Now to the bailiffs letter which they bullet pointed on the points raised but I'm going to try to keep it brief. 1. The bailiff did knock the door initially (what with? a piece of cotton wool?) 2. He introduced himself fully with ID and disputes that he shouted.. 3. Council have told them no payment has benn made to the arrears and the bailiff denies shouting. 4 The bailiff did ring the police but was informed of a backlog of calls and would be 2-3 hours before attendenc. (something we have again checked and no such call was made). Bailiff denies shaking the car or making any requests. 5. The bailiff states I 'ran' into the property with the keys and locked the door. ( I walked away with the keys and then shut the door as I wouldn't waste the effort by running). He denies looking through the window or saying anything abusive or knocking on the windows and doors repeatedly. 6 The bailiff completed the levy but left to locate the other vehicle that drove away. on his return the vehicle had gone and he left the paper work.(levy on 2 vehicles well in excess of the amount owed?) 7. The bailiff states that he puts all correspondance in a private and confidential envelope addressed to the defaulter and if this was not the case he apologises for this oversight. 8. The bailiff states he did try to enter the rear of the property but denies any damage. And a nice sentence added at the end. 'Clearly the bailiff was frustrated by the sequence of events and this led to him failing to complete the paperwork fully'. They they go on to say about deliberatly avoiding the bailiffs and misleading them whilst wilfully not paying the debt. None of this is true as by refusing to speak to them or ignoring is not misleading and all payments have been made to the council directly. There are many points they haven't answered such as their claim to have sent 'surveys' out to neighbours. The last part concludes that they will still pursue the debt and their figures differ somewhat from the councils even without the fees. I called the person that wrote the letter from the council and after still being told it was nothing to do with them and that at this point they were looking into bankruptcy. I read the bailiffs letter out to them and the incorrect facts they had also put in their letter , the delay in response, the fact that the bailiff was their agent and that none of the figures from either the original bills, the receipts, balance of account or their letter from both sided tallied. After a pause he said that they would only except payment directly of £100 per month on top of the current years payment to stop any action. I told him that amount was unaffordable and I was already paying directly to the council under one ref. no for all the arrears and the current year as much as I could afford to get the arrears down and I wasn't going to be bullied into committing to payments that I may not be able to keep in the future, given the current state of interest rates. At that point I mentioned that fact that we would be seeking compensation for the damage and going to the Local Government Ombudsman to resolve it. Magic words again..On mention of the LGO he suggested £50 per month and waiving this months current tax payment till next month on condition it wasn't raised with the LGO 'as it would be wasting our time as well as theirs'. I don't mind wasting my time with the LGO..I've got nothing to lose.... He asked for a Standing Order but I told him that it had to be Direct Debit. He agreed and sent the details through by email. By reply I asked him to confirm the conversation and that all bailliff action would be stopped and no further enforcement action taken under the agreement. He confirmed it and and we have it writing. It just goes to show that a bit of resistance pays off as we were previously paying, on average, more than £50 per month when and as we had the money available. It just annoys me that We will still pay more than that when it can be afforded and will still pay the equivalent to this years monthly payment in February and March just to reduce the debt. I can't help but smile at the councils back-tracking in less than a 10 min conversation but we will be taking it further with the bailiff concerned and their company as that wasn't a laughing matter. It's a huge relief to know we now have an agreement in writing. Thanks for all your help and I would urge anyone not to ignore a bailiffs illegal actions or deviation from the Enforcement guidelines, or those issued by your local council. Steeley

My husband had the same procedure with a SD and a crass blue corner attached. A court was named, but it was delivered 2nd class and has nothing that looks like a stamp on it. He's had a letter today that says. 'I write to inform you that we are now in a position to present a Bankruptcy Petition against you following the recent delivery of our Statutory Demand. As you have chosen to either ignore the Statutory Demand or demonstrate an ability to pay the sum claimed, you leave us little alternative other than to present a Petition . Once a Petition is issued I should point out that the amount payable would increase with expenses, fees and costs including those of the Trustee following Bankruptcy. The trustee will be invited to liquidate your assets/estate e.g. property , with a view to settling this matter. A copy of this letter is retained on our file for later production to the court to demonstrate that every effort has been made to on our part to avoid this intended action.' Signed by an individual under the 'Insolvency dept'. The sum is for £3872 from 1st Credit via Connaughts and sold from Lloyds. Has anyone else had one the same? My thoughts are that if they were serious they would just go ahead rather than writing silly letters weeks later after delivering what they claim to be a valid 'SD'. Steeley

All the letters have been sent and received according to the recorded delivery service. The council received theirs on the 25th but as they hadn't replied I called them last Thursday to be told that they had no record of it and would call back. On Friday I had a call at 1.11 pm to say that they still couldn't locate it. I assurred them that I had proof of delivery but they then asked what the complaint was about. When I mentioned bailliffs the person was quick to say that it was not a council matter and I should write to the bailiffs as it was no longer anything to do with them. I pointed out that it was their concern as the bailiffs were acting as their agent and a letter plus a copy of the council letter had already been sent to the bailliffs. I gave brief details of the damage and complaint and refused to send them another copy of the letter when asked to. I told them that if they needed another copy then they should ask the bailiffs for one as it was their fault if they have lost it. He argued that it wasn't lost but it couldn't be found, so I argued back that if it can't be found then they must have lost it and the onus wasn't on me to provide another copy. I stayed calm and insisted that it was sorted out and also said that the Government Ombudsman would be involved due to them putting the liability orders and the current year all under one reference no. leaving it open to interpretation as to what is being paid of the arrears. I told him it was a serious issue regarding the conduct of their agent and it was going to be taken further, without going into any details of the letter. His attitude changed and he said he would look into it. 19 minutes later ,(I'm logging everyone I speak to and times of calls), a lady calls to say they have found the letter and it will be looked into. Did they just all lift up their coffee cups to find it so quickly or rifle through the bin? I've had nothing from Bristows other than a letter that states NOTIFICATION PRIOR TO SALE OF GOODS, which tells me that they have instructed auctioneers to advertise the goods, subject to distraint, at public auction. The bill has now come down to £768.85 (!) to be paid by 6/8/07. From what I have found they should either have taken the car there and then, had a walking possession order signed or controlled the goods with a bailiff present or by clamping. This bailiff left without leaving any documents and returned later after I had already removed the car. I feel like I'm banging my head against a wall but if I don't follow it up then he could do the same thing again. Steeley

Thanks for your support and help with the form. I've looked to (or it feels like) regarding bailiff law. I've spent several days trying to get advice and it's all conflicting without very much in case law. Some advice agencies say that they have to have the police with them if they have to break into a property or break something to stop a car being removed , such as a clamp or bar and others say they don't. Some say they cannot take a vehicle from the street but can from a driveway and others vice-versa. Some say they can take any vehicle and it's up to you to prove usage, some say the value has to be in proportion to the debt and others say they are just not sure what the exact nature of a levy is or when it is made. Is it made on a driveway where a bailiff enters or is it made when contact is established or on some form of written communication given to the debtor ? I've been told that a full check on ownership has to be made before a vehicle can be taken by a member of staff for the company...yet the bailiff insisted that the owner of the car has to give details to stop the car being taken and they have no duty to check anything. There is nothing really in detail about what can and can't be done. Small issues such as the fact they hadn't provided any documents to levy or posted them until after the vehicle was moved away, or the fact that they list keys and documents on the levy which were not available to them unless they had gained entry to the house. We didn't have the CCTV set to record but I put it on so I could hear and see what the bailiff was doing as it covers the driveway and the side of the house. From now on we will be prepared. I've written letters to all the bodies that need to know including the company and their association which happens to be the Enforcement Service Association. We have spoken with the police today and told that the routine would be to have my daughter questioned under video evidence with an appropriate adult present. She was unaware she was being watched until I saw him and I couldn't put her through that as we would not be present. The police didn't recommend that route either and one commented on what he would have done...not entirely lawful. They have given us a reference no. and if the company does call again they will attend but said ..(kick myself) that if an immediate report had been made they would have arrested him whilst he was on the property bailiff or not and taken him away to explain his actions. The police response is that the bailiff can argue back with his rights and it's our word against his so it's borderline if it would get any further via the CPS. The council seemed to have lumped the liability order with this years amount and all under one reference no. so it appears that we are paying off this years quickly but not the arrears propotionately. Under this I have been told that another complaint can be made and taken to the LG Ombudsman as the council is not particularly being fair by doing this. I have been told I can claim for the damage to the gate but to get quotes which i will and then send on to the Bailiff company. It won't be for much but it is the principle that the person they sent should not have broken it. I've been so stressed the last week..I've come out in a rash and the whole family is just down and getting at each other. It's not about the money owed but just the threats and actions made by one person. I am angry but hopefully in a positive way as I would never stoop to the level the bailiff did and hopefully never will. I'm just going to do what I can and see what response I get as it's not just us it's everyone that bailiff visits as i can't see his attitude or method differing. Yes, I know I've made loads of typos in this post but I'm struggling to find any energy at the moment but I won't give up. Saffronflowers, have a lovely holiday and I hope the sun goes with you. Thanks again for the link as it's one less thing I have to do. Steeley, XX

Just an update on the situation. I've traced that the bailiiff does have a certificate and made an official complaint to the police about his actions. If anyone wants to check a bailiff is registered they can call the Court Service Headquarters on 0845 456 8770 or 020 7189 2000 and they will search for you and tell you the name and number of the court that issued it along with the date. The next step now is to contact the court that issued his certificate and request a complaint form. As a preventative measure should he return, we have installed a security post as well as clamping the vehicle. Unless they break the post which ,I would assume to beyond their remit of peaceable, they would have to lift the vehicle vertically at least 5ft rather than just dragging or towing it off the drive. As I'm writing this I've had an idea to install a padlocked peg set into the ground through the towing eye as well. I've calmed down now and I'm determined to see this through although it's left us shaken. No-one should have to go through this type of unlawful harassment and his next victim may be vulnerable. I'll keep posting as to what happens next as I think it will help anyone else that encounters the same thing. Steeley Steeley

I had bailiff call this evening at 6.30 and he banged the window rather than just knocking the door. When asked who he was he refused to say other than he was a bailiff and had come to seize goods or be paid. When asked for identity he held a card up but would not let me look at closely or give his name. The paperwork he had was out of date, going back to March and when questioned he just shouted that he was a bailiff and that he knew who we were as 'surveys had ben sent out to all our neighbours' to identify us by decription'! The case in question is Council Tax which is being paid directly to the council but the man just wouldn't listen or look at the receipts I have. His intent was to remove a vehicle from the drive of our property but my husband locked himself in it, or rather I did as he gave me the keys to do it. The car is used for both business and vocational purposes to which I proved but he wasn't interested. Bailiff then goes on to ask that the ignition is turned on to see that the headlights work! The bailiff then goes on to show his phone to my husband saying that he has called the police and showing the time. My husband calls a few minutes later and they have no log of any calls but log our complaint. All during this time the bailliff is banging on both the vehicle, the windows and the front door despite being asked to stop as we have a child that is ill in bed upstairs. He tried climbing the back gate and has damaged it somewhat. He called his manager and a tow tuck company in front of me me and was laughing about the £175 figure he was given. He refused to give us any numbers we could cal either to verify his identity or that the calls were real. What infuriates me is that he was looking through a window and staring at my 5 year old as she was getting undressed for bed. I told him to go away as it was harrassment staring at a half naked child and is not in a bailiffs remit. We have CCTV that picks up sound and with the TV on he was clearly heard to say 'I'll look at what I like you white ......' My husband heard him say it and I'm just glad he didn't react. A tow truck turned up and they sat and sat but did nothing other than the leading bailiff keep banging . Eventually at 8.30 pm they said they would be leaving but would be back again to take the vehicle that evening ..charging us £200+ for the tow truck and the same again when they returned plus their own costs. Instead they drove a street away and dropped incomplete paperwork through the letterbox which at least gives the persons name on but it's all complete twaddle regarding the account . I've had time to calm down now and I think this is a serious complaint but the call to the police was made prior to what the person said or did to cause distress. Where to go from here? I've put the complaint in writing to the local council but should I call the police again to make a complaint? The company is Bristow and Sutor and I'm not sure complaining to them will get anywhere. Steleey

If you are being harrassed by unwanted telephone calls then take the same action as you would do with anyone else. Call BT and they should give you a number to key in whenever they call and that logs the calling number even if it's withheld, duration and time. After a few similar calls it will then get passed on to the police to investigate. You shouldn't have to record it as asking them to stop is full and final. Anything after that is an abuse without them even saying anything. You wouldn't record a heavy breather on the phone but you'd still see as an offence by them calling you in the first place and if they continued to call it after you asked them to cease then it's a nuisance and a breach of the TCA. Debt collectors aren't exempt from the law and if you can nail them with an 'official' log of calls and a report to the police then go for it as you have nothing to lose. Steeley

If your debt is under £5000 then it's just not worth the creditor taking the risk as even though you may have property listed under the Land Registry it doesn't mean all the equity belongs to you or even half of it. They can check your credit record but you can have far higher debts that aren't recorded such as ones to family, friends or through private arrangements. As long as they can prove the debt they will be entitled to as much in the £ as the other unsecured creditors.

There has been no contact with Connaught or 1st Credit and nothing is being paid. There are no other debts beside this and it is not subject to a CCJ. I would have thought it far cheaper and easier to go for a CCJ and a charge on property if there was a default. Approx. £2000 must be costs, charges or interest as the account was disputed whilst Lloyds had it. Nothing has been paid for at least 4 years and the last ones being money that they took from a separate savings account under the conditions that they can recover the money from other accounts held with them. If they have sold the debt will they have also been able to pass on all the dispute letters and exact account details down to the last penny and receipts ? I would have thought that they can assign the debt to a 3rd party but can't divulge all the information contained as a debtor only consents to information being passed to credit reference and fraud prevention agencies under the DPA but I may be wrong on that. I've searched everything here and on the net and although there are plenty of people that have received demands from Connaughts I can't find anyone that has every been made bankrupt or heard anything more from them other than referring it back and 'last chance' letters a few days after the demand has been 'served'. The money isn't an issue so they can't realistically make a person bankrupt if they have the means to pay but it's the principle of not paying as the amount is disputed and the process of serving and getting it right seems to have been abused too often by Connaughts. Perhaps properly serving a Statutory Demand on their MD for costs incurred and charges would be a wake up call for them. Steeley

The good news is that they have to present the bankruptcy petition within 4 months otherwise they have to show good reason why there has been a substantial delay since the 3 weeks after the SD was 'served'. If they can't get the serving of the SD right then I don't think they stand much chance of successfully filling in the subsequant forms and afferdavits. Steeley

Regarding a Statutory Demand from Connaughts on behalf of 1st Credit for an old Lloyds credit card debt of £3872. It was just posted by Interlink without being signed for and was not even put through the letterbox as it was left on an outside step. Should the form be an exact copy of the one that can be downloaded from the Insolvency website? There is also fault on it as instead of section © on the particulars of debt it has 2 section a's and a b. Any advice? Steeley

Answer your phone and ask them not to call again. Either way it's breach of debt collection guidelines and harrassment under the Telecommunications Act if they continue. Log the calls for future reference as you may be causing them a loss but you are not the loser they take you for. Steeley .