well done ghost debt, glad you're happy with the outcome & glad for the heads up on s196! was just about to put that in mine!

Hi CB Yes I was pleased with that bit about the docs, but other than that he made no order for the DN or Termination notices or the deed of sale, so I still have had no sight of any of them. and no response whatsoever from morgans to all my requests under CPR, so I'm no further forward with paperwork than I was last year! can I still ask for an order for them to be produced even at this late stage? Or should I just forget them and point out on the day that the documents have not been produced?

I'm busy re reading threads at the moment, but would be gratefull for any pointers in the right direction for examples of witness statements;)

I've been offline & having PC problems thanks to the efforts of a hacker, (also lost all my notes & files, but hey....what the heck, I'll start again!) The directions hearing in January left me shell shocked and nervous about carrying on, the DJ hadn't even bothered to read the file, was not interested in their non compliance with documents, told me he had a credit card where you 'sign online' and then summed the case up as 'being one of those technical ones!' ( whilst at the same time looking at me as if I was something he'd just stepped on!) the result was that witness statements to be exchanged by end of Feb & hearing 1st week in march. allocation to the small claims for 1 hour the only directions he gave were Original docs to be brought to the hearing Judge may refuse to consider a document if copies not disclosed in advance No expert evidence without prior approval of the court. So...... where to flipping start!

Hi, I'm hoping someone will come up with a legal solution for you, but in the meantime I can tell you from personal experience what philips are like. I have had to deal with Philips before, and believe me when I say you want to avoid them at all costs. I would suggest paying in full to avoid them calling. Their fees are higher than your fine, they refuse to accept installment offers, & they turn up at your door at least once a week (adding £50+ for each fine each visit - I had 2 so £100 per visit) add to that they telephone sometimes in excess of 6 times a day & send text messages threatening to call to remove goods. then, if you do pay them anything.... it pays their fees first, then if there is anything left it pays off your fine. seriously. you sound like you have enough problems, if you can afford to pay the fine before you get philips involved, do it. hth

its a request for the Consumer credit agreement, the document you will have signed when you first took the loan for the car out. http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter hth

go wild

Hope you all have a great time, sorry not going to be able to get there, was hoping for a lift from my Son but it hasn't worked out:( Happy Christmas

turn off

:)thanks MTM, I am unsure! will have a read of the links posted. Thank you:D

:lol:

me too!

bump

good night! well 'tis late!

:? no idea!:lol:

Thank you for the explanation, I asked a genuine question, because to me, a little knowledge is a dangerous thing. Should I come across a similar situation now, I will know why it does not effect the 6 yrs, and may even send of the odd CCA request myself now. Rather than just doing it because someone said it's ok. ( no offense BB)

Dark thoughts

you little fibber... no wonder you were late getting to Leeds.... You've no idea where you're goin!:D 'tis near Sarf end on sea!

have one for me! :-? did I miss something? googling as I type..... and the answer is..... wait for it...... drumming of fingers.... flippin' 'eck, this puter takes its time...... here we go.... its in Hertfordshire.... wherever that is! st albans map - Google Maps ohhh... near watford..... so where the heck is essex?

Well you learn something new everyday.... could you clarify that? cos I would have though it would count as contact.

oops, forgot one thing... get a list & explanation of the bailiff charges.... they often try to charge for fictitious visits... I speak from experience in all this... I was in the same situation as you at the beginning of this year & managed to get the council to take back the debt & agree a repayment & I also got a refund of some of the fees the bailiff had charged me (by the bailiff's company) I have also dealt with several other bailiffs & had charges withdrawn or refunded. so check what they are charging for & request proof of visits.

this whole thing sounds like a farce. sorry for the long post.... these guys make my blood boil:-x:-x in order for the bailiff to seize goods he must have an enforcement order, which must mean that a summons was issued and judgement awarded against you... have you had a summons?... If you have not received anything you can apply to have judgement set aside at the courts on the grounds that you never received the summons. Has the bailiff given you details of the debt & HIS charges? have you been in touch with this guys head office about his behaviour? you definitely should not have signed anything.... He CANNOT take a company car no matter what he threatens, and by signing, you have agreed that he can if you don't pay. Did you pay him any money? if you did, what you have to remember is that the Bailiff will take HIS CHARGES first, and only then will he pay the remainder to the council to pay off your debt. You should have stuck to your guns & refused to pay until you had a little more info. However, at least you can stop it getting any worse... By signing that paper the bailiff has levied distress on your (company) car, but he hasn't levied anything else.... did you get a copy of the distraint notice? I think you need more information from your council, like, how the amount you owe is made up (i.e which years the amount is made up from & the figures for each year) AND if there is a judgement against you, which court is it from & what date was it issued. - you will need this info if you want to have the judgement set aside. Then, I would explain to them the situation to date, including the behaviour of the bailiff & any monies paid to him by you, advise that you are in no way trying to avoid payment of any debt, but that you are not happy to pay a bailiffs fees aswell! advise that you weren't aware of any judgement or debt until the bailiff arrived & that you will be applying to have the judgement set aside, & ask if they could agree a weekly/ monthly repayment figure in the meantime to give you time to investigate the matter thoroughly. Keep asking for the supervisor until you get to someone who has a bit more authority to say yes.... Next, I would ask to speak to the person in charge of appointing the bailiffs to the case, ( usually there is one senior person who deals with it) explain you situation to date, and inform them of the menacing & threatening behaviour of a bailiff who is acting on their behalf and ask that they investigate the practices of this particular bailiff &/or company. Then I would get on to the guy's supervisor at head office, speak to them about his behaviour and in particular the levy on the car, insist that they put it on record that the car does not belong to you. Make them aware that because of his actions you have made a formal complaint to the council, who will be investigating his actions & anything else you manage to agree with the council ( like repaying them not bailiffs) and ask them to call off their dog. I would also tell them you have informed your MP. & will make a complaint to the ACEA, ( assosciation of civil enforcement agencies) if they fail to act. I would also suggest you ask your boss to write a letter stating ownership of the car, & if they have it, produce a copy of the log book, and send the whole lot along with a formal letter of complaint to the head office of the bailiff.( get a name when you ring them for the appropriate person) I would also make it clear that if they DO try to take the car that you/your boss will take legal action against them.Either email & request confirmation email, fax or Send special delivery so that you know that it will arrive next morning & they have to sign for it so you have proof of delivery. finally a good source of advice on bailffs can be found at www. bailiff advice online .co.uk (just type into the address bar without the spaces - everytime I try to do a link it comes up as telly tubbies!) ok.... finished now! hth hunni

unfortunately they do. go for it! always an excuse! TY for the rep btw:D

want to do mine to?