Arrows CCJ Aqua card ignored - now warrant - have done N245 + but got removal letter

[NIKKICLU]

I have been rather stupid and rather than dealing with my CCJ, I ignored it.

 

 

I received a letter from the Bailiffs office,

was dated 26th July,

but didn't actually open it until Thursday 29th.

 

 

I tried to call the bailiffs number with out any success.

 

 

After looking for some advice on line,

I made an application using N245 on Friday 30th June and was advised at the Country Court that the bailiff would see the application on Monday morning, which is the 3rd Of July

- date they said they would be visiting.

 

 

I was told that this application should stop the visit.

 

The notice for removal was dated 30th and I received this today, 1st July.

 

 

Will this form N245 stop the visit on Monday?

 

 

I have sent a text to the Bailiff asking to phone me asap.

 

Thanks in advance

 

This was for a credit card debt. aqua, who have passed it onto Arrow and is for approx 3500.

[dx100uk]

if this is a county court bailiff I wouldn't be worried they are your friends

 

 

tell us about the CCJ please

why did you not defend it?

 

 

dx

[NIKKICLU]

County court Bailiff on behalf of Arrow.

Last letter from HM Courts and Tribunals Service posted 30th June and arrived 1st July.

 

Warrant has been issued for removal of goods unless full amount outstanding is paid to court by Monday 3rd July.

 

Your premises may be entered whether you are personally there or not.

unless payment received in full.

includes motor vehicles.

Posted by Court Bailiffs

 

The first letter was Notice of Issue of Warrant of Control, date stamped by the Bailiff with a phone number.

 

There are two dates on the form, the first being 22nd June.

The envelope was date printed with 26th June, but I missed it in the pile near the front door and saw it Thursday afternoon.

It says I've not paid under judgement as ordered and therefore the creditor has asked for a warrant to be issued.

 

Unless I pay the amount due to the county court before 3rd July the bailiff will call and may remove your goods for sale at public auction.

 

Its for Aqua credit card/Arrow and I believe I ran out of time to defend.

I hadn't been very well, my son got into trouble with the police and it all got our of hand.

 

I remember getting the CCJ and I realise I should have contacted them before, but I didn't and I realise that its coming back to bite me.

 

I'm just concerned that they will visit and remove goods before I have a chance to sort this out.

 

I have made an offer using the form at the court and was told by the lady that it should stop a visit.

 

I have also tried to phone the bailiff mobile number given again today, but its switched off and no voice mail as well as sending a text asking him to contact me asap

- a assume this will be Monday morning

. I also left detail of the warrant number.

[dx100uk]

simply tell the court bailiff you have entered an N245

they are your friends they wont do anything.

 

they don't work on commission unlike fleecing HCEO's

[ploddertom]

When you filled the N245 in which boxes did you tick at the beginning - Suspend the Warrant or Variation Order - or did you tick both parts? There is a good chance this has passed in the post with the letter from the County Court Bailiff. These notices are designed to intimidate you as yes he can remove goods in your absence - but only those outside like a car etc where he doesn't need to enter your home. There is provision whereby he could apply to force entry to your home but that is mostly reserved for those that live in large detached houses with expensive cars on the drive who then stick 2 fingers up to those trying to collect on Court orders.

[NIKKICLU]

I'll give the bailiff a call on Monday morning then.

There is a landline number and I've sent a text to the mobile number provided asking for a call back asap.

 

My only previous contact with anything like this was years ago.

I've been worried sick since opening the letter on Thursday and not being able to get hold via mobile.

 

this last letter notice of removal was sent out because I hadn't been in touch, and probably sent out on Friday am as a matter of course?

 

Thank you so much for the replies. Time to sort a few things out.

[dx100uk]

was thi san old Halifax aqua card or a new day one

when did you take it out?

might not be a bad idea to get an sar running to the original creditor and get all the statements

there could be stuff to reclaim here too.

 

don't worry about the court bailiff

just ring his mobile and tell him you've sent a N245 in.

 

just remember also

this is a consumer credit CCJ, so no right of entry or anything

[NIKKICLU]

I applied to suspend the warrant and made an offer of repayment of £40 every 4 weeks.

 

We actually live in a detached rented house, rented but definitely no new vehicles just old ones that need repairing. The only vehicle of any value is currently on axle stands with gear box partially removed.

 

Again thanks for taking the time to reply. Its really appreciated.

 

New Day and about 6 years ago.

 

I just ignored them to be honest.

 

My fault really for sticking my head in the sand and I think I defalted a couple of years ago.

[NIKKICLU]

I don't know how they value vehicles for auction but we have a 20 year old Discovery that's probably worth about 1500 if we sold it. A 30 year camper with no gear box and the front end removed. Can they take his work van?

[dx100uk]

we've not see court bailiffs clamp anything esp works van lately

please don't worry about that

as soon as the court bailiff realises a N245 has been issued

he'll back off totally i'm sure

[NIKKICLU]

thanks so much. hes retired and just does a few odd jobs and has his own van. All the vehicles we have are over 15 years old as we tend to buy them and keep them.

[Andyorch]

Just for history.....the original thread under your other username....

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?471049-Arrow-restons-claim-form-old-new-day-aqua-card-debt

 

Advice was given but not followed apparently

 

Andy

[NIKKICLU]

regarding previous thread as mentioned above,

 

I did follow advice but my defence with in the 14 days was not submitted.

 

As I previously mentioned,

my son managed to get himself in trouble with the police,

I was stressed out from sorting all that out ,

looking after my sister,

and ended up with a stomach bug.

The date had already passed by the time I realised.

 

When the notice for CCJ came I put it to one side and didn't exactly forget about it, but didn't do anything about it.

I do realise that I should have done something about it at the time, but I didn't.

 

My husband/partner (not married but its easier to refer to him as my husband) has not long reached pension age and hasn't claimed his state pension yet.

 

He hasn't had much regular work for the past three months/hassle and delays being paid/money owed so we've been getting by, and sold a few bits and bobs, and had a clear out and done a few car boots and a few ebay sales, any money saved has been used to live on.

 

His work van is 1999 Sprinter that has 170,000 miles on.

We have been using it to take stuff to the car boot.

I'd say the van is used for our main source of income at present.

 

With regards to this thread, and my current dilemma

I spoke to the bailiff on the morning of the 3rd,

who said he wouldn't be visiting and was in the process of passing on paperwork to Arrow.

I'm asking for time to pay, not to set aside.

 

I've been sorting through paperwork the last few days and would like to know if I should go ahead and still phone Arrow? Is there anything I should or shouldn't say?

 

I have just re read through posts and my husband hasn't retired yet.

Reached the age but not claimed anything yet.

[dx100uk]

there is no need to phone arrows no never do that

they are simply a fleecing DCA.

[Andyorch]

Simply wait until the N245 has been possessed by the court...they will advise of your monthly payment....and who and when to pay.

 

Andy

[NIKKICLU]

Sorry didn't get back to you until now, thanks for advice and will wait to hear from them.