Thanks BankFodder, read all that So, a letter asking for a full list of all charges added, what date they were added and what for first. I'll keep the thread up to date......watch this space........

I'm just about to make a claim for arreas charges from Redstone, and was looking for some guidance on here in order to do things properly, but I can't find anything! I think it must be me. Can anyone give me advice on first steps etc to get my claim going? Thanks!

Anyone offer any guidance - these vultures will be back soon....

Thanks for the info, Andy although the information I have is that it is a full charging order and not a restriction. The PPI was definitely mis-sold. Because dlc now own this debt, do I start a claim for this with them? I think the important thing to do here is make an offer of payment to dlc for now, and follow up on the mis-sold PPI. I need to clarify whether its a restriction OR a full C/O. If it is a full C/O what do I do next? If a restriction what then? Sorry for sounding ignorant with all the questions, but I really am unsure as to what I need to do here and I do appreciate your help and advice.

The original CCJ is approximately 4 or 5 years old, nearer to 5. Is there any way I can check? The CCJ was not in my name, just my wife's name and she was in no state to defend anything at that time. So I wouldn't think I could disagree with the judgment, as it was not against me. I thought that if the claimant had taken out a charging order then that was enforcing the original CCJ? Is this not right? What about the PPI portion of the original loan? Could this be challenged? This has been kinda sprung on me this morning, i didn't realise the CCJ could still be enforced even with a charging order on my home, and it grates even more when the original had nothing to do with me.

I didn't know about the CCJ until the Land Registry contacted me as joint owner of the property. I have no idea what a forthwith judgement is, so not sure. The Charging Order was put on the house because no payments had been made on the CCJ in the first place. Had I known about the CCJ then something would have been sorted. They did enforce the judgement by way of a Charging Order - are you saying both the CCJ AND charging order are both valid at the same time????

The thing is there is no installment order and we have made no payments towards it.

Yep, thats what I thought. Surely this is intimidation?

My wife took out a loan in 2002 with Welcome Finance for £1000. Very shortly after taking this out we both were made redundant and obviously Welcome didn't want to know. Eventually it ended up in the hands of Direct & Legal Collections, who unknown at the time to me, took my wife to court and got a summary judgment for £2766.10, which after further time ended up as a charging order on our house, and this is where we are today. This morning, my wife received a letter from Aplins. I've typed it out below: Dear Sir/Madam We are about to issue a Warrant Of Execution against you. This will incur an additional Court fee and costs which will be added to the amount you already owe. Unless you pay the amount of the Warrant the Court Bailiff will call at your address with a view to taking an inventory and levying on goods belonging to you. If you still do not make payment the Bailiff will remove goods of sufficient value to clear the Warrant. The goods will then be sold at auction........at auction prices. This means that in order to clear the Warrant, goods to the value of substantially more than the amount involved will have to be removed and sold. If you wish to avoid this you must take immediate action and contact our instructing agents (direct legal and collections, Buckingham Road, Brackley, Northants NN13 DN), Tel.01280 707575 to make a payment or reach an arrangement. Yours faithfully (illegible scrawl) Aplins Firstly, after asking about the initial loan there was a huge amount of PPI added to the initial amount - are we still able to claim this back as it was not required and in fact turned out to be completely useless. There was also an amount added as Health Insurance and she has no idea what that part of the loan was for. Secondly, dlc have secured a charging order against our property, which I tried to defend against but got nowhere. Can they take out a Warrant of Execution against a charging order? Any help as to what my next step should be?

Yes, sorry for the delay - my son needs an operation and has also just been diagnosed with arthritis, so been a bit hectic lately. The council emailed this: Dear Mr ****** Please find attached a copy of the letter which was sent to you on 3 February. It was sent by Natalie Brooks, Complaint Officer at Rossendales bailiffs, who are representing the Council in this matter. Thats all I have received from the council Rossendales sent this: Dear Mr & Mrs ********, Re: Stage 1 Complaint – Bailiff Conduct We thank you for your e-mail dated 31st January 2011. I have now had the opportunity to investigate your complaint. I will begin by outlining your complaint, before responding to the issues that you have raised and drawing my conclusions. Your Complaint Having read your complaint, I have highlighted the issues listed below to investigate. You state your offer of £100 per month was refused and you did not receive the breakdown of your accounts as requested. You state a person advising he was from the Council visited your property but did not gain access, however you believe this person lied in order to gain entry into your property. Your vehicle was clamped without you being notified, and paperwork left also listed your son’s car. After leaving your property, the “person” returned and knocked on your front door frightening your son. My Investigation I have reviewed the correspondence we have received in relation to your offer of £100.00 per month. In your e-mail dated 08th November 2010 you offered a payment schedule of £102.26 per month with a final payment of £101.99 and requested a statement of account. We replied to this e-mail on the 09th November 2010, not to refuse this offer but to advise you, in order to consider this offer we would require a full financial statement and proof of household income. We advised we would require this information within 14 days in order to prevent further recovery action. In regard to the statements requested we advised in the e-mail of 09th November 2010, we had posted a breakdown of your accounts in the post. Please accept our apologies that these were not received. The breakdowns on your accounts, as at today’s date are as follows: Account No.1 Council Tax Arrears: £698.00 First Visit Fee: £24.50 Second Visit Fee: £18.00 Levy Fee: £47.00 Attendance fee: £110.00 HPI Check: £10.00 Total: £907.50 Payments £nil Account No.2 Council Tax Arrears: £1162.69 First Visit Fee: £24.50 Second Visit Fee: £18.00 Total: £1205.19 Payments £nil Account No.3 Council Tax Arrears: £1206.84 First Visit Fee: £24.50 Second Visit Fee: £18.00 Total: £1249.34 Payments £nil As we have not received a response, to our e-mail requesting information from you to consider your offer, a final reminder was issued to you on 23rd November 2010. Your account was allocated to an enforcement bailiff in January 2011. Once a case is passed to an enforcement bailiff, the bailiff will visit with a veiw of obtaining payment in full and where payment is not forthcoming, he may consider the removal of goods to cover the outstanding debt. I have spoken to the bailiff, Mr Nurpetlian, in relation to his visit to your property on the 31st January 2011. The bailiff has stated when he arrived at your address he knocked on your door and Mr ******** answered, the bailiff confirmed that he was a bailiff visiting on behalf of Allerdale Borough Council in relation to unpaid Council Tax and showed his identification badge. The bailiff recalls you stated you were not interested and shut the door. The bailiff called to say he would remove your vehicles as payment from you was not forthcoming. The bailiff proceeded to levy on your vehicle and clamped it while he was discussing it’s removal with the office. The bailiff believes you would have been able to see him clamping the vehicle from your window. The bailiff knocked on your door in order to advise you of the clamp, however there was no answer. The bailiff also telephoned the mobile telephone number held on our files in an attempt to contact you and left a message. While the bailiff was still in attendance you came out of the property and got into the car. The clamp would have been clearly visible to you as it had been placed on the drivers’ side of the vehicle. After you left the property, the bailiff states he posted the relevant documentation, however he denies knocking on the door in the way you describe. He was not aware anyone was in the property having seen you drive away. In your letter you state one of the cars listed on the Notice of Distress left is your son’s vehicle. In order to remove this vehicle from the levy, we will require proof of third party ownership. The proof required is a copy of the registration document, insurance certificate and invoice for the purchase of the vehicle. My Findings We did not receive any contact from you between 09th November 2010 and 31st January 2011. While I note you state you were expecting the statements to be sent within 14 days, you did not contact us to advise us you had not received them, and did not provide us with the information we requested to set an instalment arrangement. When the bailiff visited your address, as payment was not forthcoming, the bailiff clamped your vehicle. In order to notify you of the clamp the bailiff knocked on your door and rang you on the telephone number held on our records. The clamp would have been clearly visible to you when approaching the car and the bailiff was still present when you got into your car. The bailiff was unaware there was anyone in your property and had witnessed you leaving therefore there would be no reason for the bailiff to got back and knock “hard” on your door. The Next Steps We will allow you a final opportunity to pay the outstanding balances by way of instalments. In order to set the arrangement we will require a reasonable offer of instalments, and a full financial statement detailing your household income and expenditure, with proof of all household income. Proof of income may be by way of copies of wage slips, copies of award letters for income support, job seekers allowance, incapacity benefit, council & housing tax benefit, child benefit, child or working tax credits or any other income you, your partner or family member may receive. We will hold further recovery action on your account for 14 days to allow you to provide us with the above requested information. I can confirm the complaint has been recorded at Stage 1 of the Rossendales’ Complaint Procedure. If you are unsatisfied with the way your complaint has been handled, you may take your complaint to stage two of the Rossendales’ Complaint Procedure, which will be addressed by a Team Leader or manager. Please provide a written response specifying your arrears of concern in order a full review can be conducted. Yours sincerely, Natalie Brookes Complaints Officer Rossendales Limited So thats where we are now. Her version of what happened is complete fiction, and I also noted that the dates the charges were applied have not been supplied. This is because they were all applied on one visit.

After all that happened I wrote to complain to both the Council and Rossendale. Got a reply by Rossendale but not the council, the council saying Rossendales were dealing with the complaint on their behalf. Also asked the Council to take back the account, but have had no reply from them. They did tell me in the past and prior to these events they could not do that once it was out with the bailiff, but I know they were telling lies. Finally got a breakdown of fees but with no dates when these fees were applied - thats because there was three accounts and all fees were added on one visit - one set of fees per account. Also got a list of fees for the clamping - on top of the others which includes a fee of £110 for 'others' I don't accept what they say in their reply (complete boll**ks) to my complaint and need a little advice - I have my complaint in email and also their reply, if anyone would like to see a copy let me know. Need a little help as to my next step if anyone is willing. I am going to take this further, as my car has been damaged and they are not getting away with their lies and bullying tactics with me.

So, can the bailiffs only charge me 2 visits? I know they have added a lot more than that on to the original Council Tax, but the problem I have is they have not left a breakdown of their charges.On the paperwork he left last night, he has listed an amount for client debt AND costs outstanding (which I do not agree with), then a levy fee of £47 AND an amount he labeled Other of £110. From what I have read he can't do this - is this correct?

To answer the questions, yes I did include account numbers and also followed up the email by letter, both to my local council and to Rossendales. Rossendales did reply via email to turn down my offer of payment, and said they will send me a breakdown of costs and charges added within 14 days - this they did not do and I am still waiting for this information. As for the car, there was no notice put on the car to say it was clamped, and the guy actually sat in his van which was parked behind my car and watched me pull away. The other car was recently in my name but has been transferred to my son. We have the green section of the log book and I'll get him to complete a statutory declaration. Neither of the cars are on finance.

I had to go out while he was still there, got into my car and drove off. He had clamped my car, which I did not notice, which has damaged the front wing of my car - the clamp was made of chains which came off when I drove away. I reversed back when I had seen what he had done, he thought it was funny and said he'd be back tomorrow with a truck to lift my car. I need my car for work, if they take it I'll loose my job - simple as that. Are they allowed to clamp cars and not tell the presumed owner? There is another car on my drive that belongs to my son - apparently they have put paperwork through my letterbox to take this car too - can they do this also? This car has no insurance so is off road at the minute. Help appreciated Zeb

I had a bailiff letter back in November last year with regards to outstanding council tax. I sent an email to the company (Rossendales) and asked for a breakdown of their charges they added on to the debt - there were three different years to be collected. I offered to pay £100 per month to them, or I'll put the money aside to pay the council as and when they took the debt back. They refused to accept this amount. From what I could see, they have added three separate amounts on to the original debt, which I believe they cannot do. Now, I have a bailiff sitting outside my house with a van, saying he's going to remove my goods. He has not at any time entered my property, and won't either. What can I do about this? Any help appreciated Zeb

great stuff - I thought as much but needed it confirmed just to be sure

So they do need the original agreement signed by me for it to be enforceable, and because of the timescales only now enforceable by a court of law. Main point of all this is i'm challenging their right to process data and record entries on my credit file. Without an original agreement they dont have any right to process my data because effectively they have no signed consent from me to allow them to do so.

I completely agree with everything you have just stated, but what do you think about the specific questions i have raised? There is a little history to the questions but cant say much as yet, I asked a DCA for a copy of an agreement earlier this year, it was never produced and recently received a letter from them saying they were taking me to court. I challenged them regarding my agreement and they admitted they dont have it and the OC cant find it, but they were allowed to 'create' an agreement that would cover the cca request if they get the data from the OC - unbeleivable if you ask me but need it clarified before going any further.

Can anyone clarify this for me please. If a DCA cannot produce an agreement requested under CCA Act are they allowed to 'create' an agreement if the info is forwarded from OC? And if they are would they still need to produce the original agreement in court?

Thanks for the info - looks as if I may take this route.... How will this affect things like bank account etc - is it very different from say bankrupcy for example?

Can someone explain what an Administation order actually is? Basically my wife has a CCJ which we pleaded not guilty to, but then received a summary judgement anyway without given a chance to defend. They now have a final charging order in place on our home. I am seeking advice as to what our options are, not sure where to go from here but I definately do not accept that the CCJ was properly executed at all. Dont know if there is anything we can do about it though, so need options. Any help will be greatly appreciated. Oops - sorry for the typo in the title - keyboard cant spell proper like

The order is a final charging order. I didn't know about most of this until fairly recently for various reasons, suffice is to say that I know everything now. As far as I can see, if she pleaded not guilty to the original summons then should the court not have postponed the hearing and transferred the hearing to my local court? I did ask for and received a copy of the CCA, but other documents were also included with my wife's signature on them, such as for 'health insurance' which she swears blind she did not sign. The only paperwork I have had was from the Land Registry confirming a final charging order being made. I paid the deposit and pay the monthly payments, but the mortgage is in both our names and obviously the lender will not allow me to change this. I just feel that we have been blind-sided here and have had absolutely no opportunity to put her case forward. Anyone?

My missus was taken to court over an unsecured loan of £1000 taken out with Wellcome finance. She pleaded not guilty to the summons and sent the paperwork back, however she heard nothing more and ended up with a CCJ. Because the CCJ was for the sum of £2700 summary judgement she could not afford to pay and ultimately a charging order was made against our home. I dont think this is fair, after pleading not guilty and not having a chance to put our case forward. The debt is apparently owned by Hillesden and the solicitors involved was Aplins. We are now getting letters from Aplins saying pay up or we will take you to court again. Do we have any recourse here? I did write to the Land Registry people stating it was unfair for an unsecured debt to be turned into a secured debt and that it was me who was paying the mortgage, not my wife. Obviously fell on deaf ears. Any help or guidance would be much appreciated.

I work two weekend shifts of 12 hours and, usually, two 8 hour shifts during the week totalling 40 hours per week and have worked like this for nearly 5 years. My contact states that I work a 32 hour week with an extra 8 hour shift at the companys discretion. Having worked 40 hours for nearly 5 years, 8 hours have been stopped by the company due to a downturn in business. The company also employ 40 hour shift workers who work monday to friday inclusive. The company have also cut their contracted hours by 8 so that we all now work a 32 hour week. As you can imagine, this has caused a bit of needle between the two sets of shift workers. The 40-hour employees are complaining saying the 32-hour employees have lost nothing even though they are fully aware that we did in fact work 40 hours per week and have effectively lost 8 hours already, and are calling for us to loose another 8 hours reducing us down to 24 hours per week. I have to add the 'weekenders' have a higher take-home pay than the mon-fri shift, due to 12 hour shifts and weekend working. I can vaguely remember (although I am probably completely wrong) that if you worked more than your contracted hours over an extended period of time that your employer was deemed to have accepted the change to working hours. Is this correct?

I have this morning received an interim charging order against my property for an alleged debt to Wellcome finance through Hillesden/Aplins. This is all in my wifes name, not mine. Hillesden took her to court on 13th March to which she pleaded not guilty. She received nothing else at all from the court after this, until a summary judgement came through the post a few weeks later. I was under the impression the case would be re-sheduled and we would have time to submit a defence, although I must be mistaken. The point is, my wife does not make any payments on the mortgage, I do. I am also in the process of putting the house on the market, some of the proceeds of which will be offered to these blood suckers in a f&f settlement. What can I do to prevent this action, if anything? Any help would be gratefully accepted.