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jakedancer

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Everything posted by jakedancer

  1. Hey Will, Thanks for the reply. It's funny you mention that because I decided not to pay anything at this stage. However, how will I know when the bailiff has returned the account to the council? Jake
  2. Yes dx100uk that's what I'm doing right here in this forum. I'm not sure why you persist with this unhelpful and somewhat antagonistic attitude.
  3. Hey guys, Thanks for your responses, it's much appreciated. London1971 - do you think the councillor could clear the actual council tax or only the enforcement costs? Jake
  4. Hi there, I moved from Welwyn Garden City to Bristol last year for treatment purposes in relation to my health. I failed to notify Welwyn Hatfield Council of my move initially and there was an outstanding payment of council tax for £78. With costs this is now £462.49 I have Marstons at my door. I am dealing with tons of things at the moment. If I phone the council payment telephone line and pay off the £78 and the council costs, which make a total payment of around £150 would that help my case, and would it look good if the bailiff returns the debt to the council? I have been instructed not to open the door to the bailiff and also told that eventually he will return the debt to the council. I hope this is the case. Any help would be gratefully appreciated. Jake
  5. Very few cases or precedents have been set at any court level regarding this emerging area of the law. The area of law I'm talking about is consumer and commercial law within the education sector. Jake
  6. Have today been successful in getting the judgement in default set aside. Automatic discontinuation of enforcement proceedings. Case allocated to small claims track for trial. Claimant did not oppose application. I'm hoping my skeleton argument convinced them that I was serious and capable of defending. I now have 3 weeks to submit defence, with trial date set for six weeks time. Thanks again to everyone who has offered advice. This is an emerging area of the law and very few legal precedents have been set so far. Will continue to research and now build a solid defence and compile a court bundle. If I am ultimately successful will share everything including suggested templates for others in my situation. Jake
  7. Hi dx100uk, What a silly thing you just said. I resent the accusation that I am being selfish because I do not wish to disclose my defence in my case with the University who is claiming something they are not entitled to. If I choose to not disclose my defence that should not be interpreted as being selfish. I have every right to do that without criticism. Jake
  8. Hi dx100uk, Great news, the court has stayed all enforcement proceedings until my set aside hearing is concluded. I would rather not go into the defence here if you don't mind because I still have a lot of research to do. I will now fully prepare my outline arguments as per the instructions in the court papers and compile a mini-bundle. Thanks for your assistance with this matter, I will keep you updated if you want. Jake
  9. Hi, Thanks for that clarification and thanks guys for your help and assistance. Clever with their words aren't they?! I just wish they would list my court hearing so I can at least get a chance of having the judgement set aside and the writ stayed to get these guys off my back and have a chance to defend the claim. Thanks again for your advice, much appreciated. Jake
  10. Hi Bailiff Advice, Yes the letter is from High Court Enforcement Group and the paragraph that concerns me reads: Removal of assets will now take place with or without your presence and where necessary an application will be made to the court under paragraph 15, schedule 12, Tribunals Court and Enforcement Act 2007 for authority to enter your premises. Any additional court costs and attendance fees will be added to the amount due under the writ. Jake
  11. Hi dx100uk, Thank you for that swift reply, much appreciated. Can I also ask are they allowed to repossess your goods if they gain peaceable entry and you are not there? Jake
  12. Hi, I have now made an application to the court to have the judgement set aside and the writ stayed. I have received a letter from the court saying the case is being transferred to my local court for a hearing. I have been in contact with the enforcement company but they say until a Stay of Writ is issued they will continue to pursue the debt. I have today received a further letter from them hand delivered which says they will be back in a few days and they say they will enter my property whether I am here or not. Can they do that? I think it might be a scare tactic having researched what these bailiffs can and can't do, but if someone can confirm I would be very grateful. They have also added further charges. They also say that under the Tribunals Courts and Enforcement Act 2007 they will be able to get the authority to enter my premises. Again is this just scare tactics or not? Any help appreciated. Jake
  13. Hi, I think I've sorted it I was clicking 'reply to thread'. Anyway I wanted to thank those guys who have offered advice and it's reassuring to know that the bailiffs can not force entry. However, Ploddertom has still not replied, do you think he will? Jake
  14. Hi, I'm pleased to say that on submission of an N244 and having the judgement set aside, the other side reduced the debt by 45% and I avoided a country court judgement. Jake
  15. Hi, When you are suffering from the condition that I have and live from day to day updating addresses for old university courses that I haven't attended for years is not at the front of your mind. Jake
  16. Hello, I have today received a letter from High Court Enforcement Group Ltd demanding payment for an old university tuition fee debt. I have recently changed address and I had no idea this had got to the court stage, so I didn't get a chance to respond to the claim. I would like to be able to get this case back in the court system because I would like to defend it. The reason I didn't pay the tution fees is that after one term I realised the course being taught was nothing like what they had detailed in all their marketing. I soon realised that this MA course was not going to help me any further with a career and would just add another £10,000 debt to my student debt already. Had I known that this was at the court stage I would gladly have defended the action against me. I know it's my fault I didn't inform the University of my new address but I am now on long term sick and awaiting treatment. I am in receipt of ESA and in the support group, I get the full benefit after the DWP changed their decision once they had received medical reports. I really hope at the very least my current circumstances will delay the debt process escalating further but I really don't know what to do. I have never been in this situation before and I know once it's at this stage it's very serious. I really didn't need this. I have just about managed to keep up with all my current bills and debts with minimal income but this is something else. Any help or advice would be very gratefully received. Jake
  17. Hi dx100uk, Thank you very much for your reply and reassurance. However, I understand there is a criminal element to not paying your council tax and this is what really worries me the most. Can you tell me more about that and if it will apply to me? Thanks. Jake
  18. Hi Guys, I am currently on long term sick and I am in receipt of ESA. I had to fight a DWP tribunal last year and thankfully won it. I am therefore in the support group and received council tax reduction. However, as I had to move recently and although I notified DWP there has been a gap with registering for council tax reduction. Now the council want the full amount for the last 3 months and I do not have the £600 they are demanding. I have been warned by the council to expect a summons. I am very worried. What can they do? I have told them my financial reason but they won't stop the process. Is there anything at all I can do? I do not really want to have to go to the Magistrates Court and plead my case, but of course if I have to do that then I will. If I have to go to court can someone please tell me what to expect and how best to respond in court? Any help would be greatly appreciated. Jake
  19. Hi, The date of the CCJ is 19th October 2017 and yes it has already appeared on my credit file. Jake
  20. Hi, Well all I can say is that I used the 3 letter process once before, the case went to court and I submitted my defence based on the 3 letter process and then the Claimant's desisted. It was not a win in the true sense no, but it made the other side go away and no judgement was registered against me. I know that at some stage the debt has been purchased by Motormile Finance UK Ltd (MMF). It was originally a pay day loan. On Friday I phoned Moriarty Law who stated that they received the original debt as £200, but that was what I originally borrowed and I made payments on that. All I know is that within 4 months the debt was at £700 and I just could not keep up. My landlord at the time then asked us all to leave the house as he was returning to do it up and sell it, so we all had to move on and I left the debt with that house. I was in no hurry to give the creditors my new address after their awful attitude and customer service, and I needed time to sort my finances out which were in a horrendous state. During the last few years I have managed to sort my finances and have managed to avoid a County Court Judgement, up until now. Jake
  21. You are both incorrect. It went to court and thankfully as I had used the 3 letter process I had a valid defence which I submitted, based on the 3 letters principles. The Claimants desisted.
  22. Hi, Yes there is I have used the 3 letter process very successfully before. Jake
  23. Hi, Thanks for your response. However, I'm sure I have seen elsewhere on your site people advocating the principles of the 3 letter process. As you point out if I'm successful in setting the judgement asside the court process starts again, and the 3 letter principles would form the basis of my defence, would it not? Thanks, Jake
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