Daughter v Yorkshire Bank

[mousemat]

Please can someone give me some advice.

I had a visit from the Court Bayliff yesterday looking for my daughter, she no longer lives here but works in Cheltenham and stays with different friends in that area. This is however her postal address. It appears that when she closed her Yorkshire Bank account about 3 years ago she was slightly overdrawn and so they didn't close it. They continued to add charges on and the Baliff had a warrant for £894. She has had no summons, or judgement come to this address. This is honestly the very first she has heard of it!.

As the majority of this Debt is made up of Bank charges, can she get it stayed.

Please help, I feel so sorry for her! The Yorkshire bank led herdown a very rocky road continually increasing her loan and giving her TWO credit cards when she was just 18. She was really starting to get herself on her feet when they knock her back again.

[powelll]

I'm assuming the bank have got a CCJ against your daughter? It's only if you don't pay on a CCJ that further enforcement action such as bailiffs can be used. What bailiff firm was the bailiff from? Are you sure it wasn't a debt collector - very different to bailiffs.

 

If it is bailiffs then the first thing to remember is do not let them in - county court bailiffs have no powers of forced entry UNLESS they first get 'peaceful entry' ( through an open or unlocked door or open window ).

 

You can apply to get the warrant suspended - see link below.

 

National Debtline England & Wales | Debt Advice | Factsheet 08 Reducing Payments Or Suspending A Bailiffs Warrant On A County Court Judgment

 

If she wanted to defend the claim ie if she doesn't owe all or some of the money ( sounds like loads of potentially illegal charges in there ) then she would need to apply for the CCJ to be 'set aside' as this will put it back to the claim stage. Again see link below. Will certainly be worth sending CCA request to the creditor as well...

 

National Debtline England & Wales | Debt Advice | Factsheet 12 How To Set Aside A Judgment In The County Court

[powelll]

Oh, and I meant to say that court papers are deemed to have been served if they are sent to the last known address of the 'debtor'. There is no requirement for them to be sent recorded delivery.

[mousemat]

Thanks so much for that.

I assumed he was from the court but I was so shocked I forgot to ask for ID.

I have got her to send of a SAR today so the bank know she is seriously going to contest this, but I thought it might have gone to far to be of any use.

Thanks again for your very helpful advice.

[powelll]

No problem at all - post back if you need anything further

[mousemat]

Update on situation: Submitted form to county court for the CCj to be set aside on the 8th October with £65.00 fee, borrowed from her dad. They were returned to her on the 15th with a note saying that fee had increased to £75.00 . What a load of hassle the £65 pounds was refunded to her even though her dads name was on the cheque.

Have now re-summitted form. This is going to give me a 2nd heart attack.

[mousemat]

Some good news at last!!!!

My daughter had a notification of a hearing for her set aside to be heard on the 3rd December 2007 before the dreaded Judge Mackenzie. We were just in the process of filling in her N244 to apply for an adjounment when a letter arrived from Jeremy Sutcliffe (Yorkshire Bank in disguise) saying they consent to her application for a set aside and the proceedings can be dismissed with no order for costs.

Saved her £75.00 she can't afford anyway.

 

Guess that counts as a victory.

Also now have her statements and they owe her £1953 plus interest. Guess what letter they are going to receive now !!!!!

 

Thanks for all the help I received to get to this stage.