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Found 4 results

  1. Hi all! New to this forum so be gentle! I'm going to put this issue in bullets as otherwise it will get REALLY long winded... - Last April/May (2010) I went with a group of friends to get outfits for my wedding (about 10 of us) - Found a trader in Birmingham willing to make and deliver the outfits in time for the wedding in July. Paid 50% deposit (just shy of £1k). Got a receipt (2 actually as deposit was paid in 2 parts) - Surprise! Despite numerous calls, visits and reassurances the clothes never arrived! - After more calls and visits, the trader's father (who seems to own the shop) supplied us with a refund cheque - Surprise #2 - the cheque bounced! Numerous phone calls, reassured it would go through second time, it bounced. Phone lines cut off so can't contact. - Sent a letter requesting payment or contact, no reply! - Started small claims proceedure through Money Claim On Line - No answers, eventually got to the warrant of execution stage, they applied to have it deferred on the basis they would make £50/month payments. Court clerk accepted. - I disputed the application for payments, and requested a hearing. Hearing granted. - Meantime defendant made no payments. Hearing came, defendant didn't show up. Hearing went in my favour. Forthwith Judgement given. - Re-issued the warrant, county court bailliff has been in and noted items to seize. Defendant has informed him they will be reapplying to get the warrant suspended. Defendant needs to show they have done this by next week when the bailiff comes back, or they can seize goods (I think?). Can anyone give me some advice on where I stand and what I need to do? It seems clear that these cowboys are just wasting time, but is there anything I could/should be doing further to hurry it along???! It is coming up to a year from the original date I placed my order... -
  2. Hi guys, I am new to all this so please forgive any errors. I have a bailiff chasing me for two PCN'S (Parking Charge Notices -I believe this is correct!). I am not disputing that I owe them or anything like that and I am quite aware they need to be paid. However, my problem is quite simply that I can not afford to pay them all in one go. They total together nearly £1000. I have tried to make arrangements to pay but I hit a brick wall every time. I have been to my local council who agreed to accept a payment plan and they notified the bailiff they were happy to accept it. However, the bailiff refused it. I went back to council who told me the bailiff was in his rights to do this. I tried the bailiff company who said it was up to the individual bailiff if they were happy to accept a payment plan so they were of no help. I really am at the end of my tether, I can not afford to lose my car as my Son has health problems which may require immediate medical attention although it may not be an emergency so I need to be able to get him to out local hospital or to a London hospital straight away. I have been trying for nearly a year now to get this sorted but I am having no luck at all, If they had accepted my payment plan this would be nearly cleared off now. Is there anything I can do to stop this or arrange a payment plan? The bailiff can not be the end of the road can it? I have contacted Northampton county court where the warrant of execution was issued but they too said it was down to the bailiff. I have recently become a single parent so it is even more important that I get this sorted, I don't want to be afraid to answer the door anymore. I really am at the end of my tether with this and I just don't know what to do, can someone please help me Thank ou
  3. Hi, I bought a car under HP and, due to adverse financial conditions, fell behind with the payments. I have paid well over 1/3 of the total cost. A ROG order was requested and granted. The finance company did not collect the vehicle and after 6 months - only then becoming aware of such an option - I applied for a Time Order and a hearing date was scheduled. At this point the car was repossessed from the street. From browsing previous threads it appears that the car was taken unlawfully as no Warrant of Delivery was applied for, nor a court bailiff. I had to apply for an adjournment so I used that application to vary the original application and asked the Court to order all all sums paid by me to be returned as per s.91 of CCA. The hearing is in a couple of weeks. My question is whether anyone has actually succeeded in such a claim? I understand that it appears from the Civil Procedure Rules that a Warrant should be applied for, however does that mean that not following those rules would contravene s.90 (which rather generically calls for "a court order") which would then allow s.91 to be invoked? Thank you for your help!
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