Been following this with interest. I really have'nt got much to add except, do we think the council will offer some compensation but insist there is a confidentiality clause attached. I mean they wouldnt want this blatant illegality to come out any more than it already has, would they? By the way,you are my heroine.

I would be inclined to carry on paying the council direct via their online facility. Cut the bailiff out of the loop completley. Write to the Bailiff company and ask for a breakdown of their fees [you'll find the template letter in many of the threads] I'll guarantee you have been overcharged.If they do turn up at any point do not open the door to them and try and record everything they say. People with more practical advice will be along in a minute. Good luck.

Debt Collectors have no right to come to your house whatsoever without you making an appointment with them, which I hope you have no intention of doing. Report them to trading Standards.

Do not let them in. Try and record everything they say. They may say they will get locksmiths.they cant without a court order. You are under no obligation to speak them. If it has'nt gone to court you could try phone the original lender and sort out a payment plan that you can afford. More experienced Caggers will be along shortly to offer more advice. Take care.

I'm no expert but, how can they have a levy fee and an attendance to remove fee from an address the OP was not living at? Surely this cant be right.

In court on wednesday still no reply. What a suprise. I'm gonna demand to see the magistates and not be fobbed off by some council official with a high opinion of himself.

Hi guys. Got home from work this evening to find the council have issued a summons for non payment of council tax, but the fact is is I pay it every month without fail as soon as I get paid [paid £100 on saturday} and I tend to pay a couple of quid over the odds. Now I do understand that if its not paid on the first of the month they can demand full payment but this has seriously annoyed me. so aia hsve composed a letter to send to them, I would be grateful for any comments. Dear Sir, With regard to the summons I recieved this morning 10/10/11 I respectfully request the answers to some questions I have so I can formulate a defence. 1 On what date was the summons processed and the name of the person who decided it should be issued? 2 It is signed by the 'the clerk of the justices', could you give me his name as the signature is illegible. 3 Could you please confirm whether or not it has been physically signed or is it an electronic or photo copied signature. 4I note that the summons does not appear to have the court logo on it. Can you confirm whether it was issued by the court or the council. I think these questions are fairly straightforward and only require straightforward answers. I would like a response within seven days, yours etc. If you can see where I'm going with this all input would be gratefully received.

'Authorised Collector'. Authorised by whom? Until they come up with something more tangible I would tell them to take a hike. Remember they have NO rights.

Hope you recorded the call to the bailiiffs office, Mrs B.

Thanks again Shadow going to have a good read and decipher,

Thank you Shadow for taking the time. This looks like what I'm looking for, bit gobbldeygook in my head at the mo must read it slowly and digest every word. Thanks again everybody.

Thank you so much for your trouble, Sequinci but i cant find the specific piece I want. Can you help me further. Thanks

Sorry but do you have link where I can get this information. Thanks

Diolch Cymru

Can someone help me? Is it true that if a creditor goes after a ccj without informing other owners of the property then the ccj is invalid. I'm sure I've seen it somewhere but I cant find it. Any advice at all would be helpful.

Set Aside hearing set for the same time as OFS hearing. Does this bode well?

Hey the point is Vikki you proved that you are a fighter and you were right. I say well done to you and hopefully these bullies will think twice next time,though I doubt it. Keep up the good work your story will hopefully inspire others not to give in.

Any comments please

Failure to do so is a breach of CPR and I believe can result in a mandatory set aside. I do not not believe that the claimant did inform my brother and I put them under strict proof to prove otherwise, 2]It has also recently come to my attention, that if this alleged debt stems from 1994/97 then by 2005, when it first came to my attention it would have been statute barred. 3] The reluctance of the claimants to send me copies of the original paperwork puts me at a disadvantage when trying to defend their action. 4] I am aware that the courts prefer these applications to be filed promptly but as I do not have the original Particulars of Claim, I am working at a disadvantage. I note The Ministry of Justice states that there is no time limit. 4] I believe I have a real prospect of defending this claim were it brought before the courts. I believe everything in this statement to be true.

APPLICATION FOR SET ASIDE BACK GROUND. 1] I was in a relationship with the claimant from 1989 to 2002. We have three children. We were never married. 2] In or around 1994 the claimant allowed one of her properties to have charge put on it so we could have a loan to start a business. 3] In or around 1997 the business failed. 4] In 2002 our relationship ended. 2] In June 2005 my father died leaving his house to my brother and myself. The property was put on the market at sale price of 89k. Over the next two years the house failed to sell despite continual price adjustments. 3] In 2006 the claimant obtained a CCJ against the property culminating in a Charging Order. This I believe was for the business loan. 4] In 2007 I obtained a mortgage to purchase my brothers share of the house. I moved in and it became my home. 5] In 2010 the claimant requested an order of sale with the courts and again in 2011, REASONS FOR SET ASIDE APPLICATION. 1] If there was a debt why was it not mentioned until 4 years after after we parted. I have sent Subject Access Requests to the claimants to view any agreements proving the alleged debt. These were refused. Please see documents enclosed. 2] The CCJ was obtained in 2006 yet nothing was registered with the Credit Reference Agencies until after 2007 when I obtained a mortgage without any difficulty. The CCJ was not registered with Land Registry until 2010. 3] When the original CCJ was obtained I only owned half the property, this I believe, means the CCJ could only be put on my share and therefore should have been filed as a restriction and my brother as half share holder should have been informed. 4] I believe that any alleged debt would have been statute barred by 2006, and as I have not seen any evidence to prove the contrary, and unless proved otherwise, I must assume this is the case.

Sorry for the delay in replying. Family problems. The ofs hearing was adjourned till june 30th. I am thinking of appling for a stay so any set aside hearing could be dealt with first. Would the fact that my brother owned half the house and was not informed of the CCJ hearing be a suitable technicality for a mandantory set aside?

I think my best chance would be to show that any alleged debt was statute barred by 2006. If it stems from 1997.

As there was no issue obtaing the mortgage in 2007 I assume it was not registered by then.

Sorry its not clear Elsa, I think I probably did sign the loan agreement but not absolutley sure. CCJ was issued in 2006 but not registered till after2007 when I got a mortgage without any difficulty, It was not registered with LR until 2010. I gave her 3k because she asked for it, just like I paid for her holiday. Next hearing on june 7th.

1989 Relationship with claimant begins. 1994/95 We go into business. Claimant allows bank a charging order on her home which she owns outright, as collateral. 1997. Business fails. 2002. Relationship ends. 2005. My father dies leaving his property to my brother and myself. We put on market. Fails to sell. 2005/7[?] Claimant sells her property and settles C/O. Not actually sure when. 2006 Claimant issues C/.O against property I have jointly inherited. I did not defend. 2007 I get mortgage and buy my brothers share. 2008 I give claimant 3k. Dont acknowledge I owe anything. 2010 They go for order of sale. I SAR solicitors. Refused. They issue ofs docs. Turned out it was just a threat. I repeat SAR. Refused. Letter received confirming they have sent all docs, No POC or copy of CCJ. Refused copy of complaints procedure. 2011 Issued ofs. In court judge gives them 21 days to provide evidence of value. Send court a drive by valuation.