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Please help! Hackney council notice of enforcement

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TravisBickle
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PostPosted: 00:25 - 22 Sep 2020    Post subject: Reply with quote

stinkwheel wrote:
It's illegal to issue a warrant of control without a judgement. It goes CCJ, then if you fail to pay up for the CCJ, they can THEN apply for a warrant of control to seize goods. You should have had a summons before a court case then a noticeof the judgement after it.

The presence of said warrant is essential to proceedings. No warrant, no entry, call 999.

Note it is not unheard of for baliffs to fake one. It would come on court headed paper if it is genuine because it is issued by the court, not the debt recovery company. If they do try it on, you just won because all bets are then off and the "debt" is likely to be cancelled.

It would appear there is an official register of judgements. Plug your details in here and see if you come up. Costs £6. Might unearth any other issues you are unaware of too?

https://www.trustonline.org.uk/


I've just paid the balance on the Newlyn website at the advice from someone on https://forums.pepipoo.com/index.php?showtopic=135760 because I was worried about them adding another £235 (virtually doubling the debt). Just spent £8 searching myself as you suggested and find there's nothing on there that appears to relate to this (I have other CCJs for credit cards etc. Embarassed) but yeah nothing that appears to relate to this. Boy do I feel like a cunt! Will ring them in the morning asking if they have the case reference number.
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TravisBickle
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PostPosted: 00:29 - 22 Sep 2020    Post subject: Reply with quote

Interesting:

https://www.courtenforcementservices.co.uk/differences-high-court-enforcement-officer-county-court-bailiff-enforcement-agent/#:~:text=The%20High%20Court%20is%20one,County%20Court%20handles%20smaller%20claims.

Quote:
The High Court is one of the two primary civil courts which deals with non-criminal cases and usually involves financial claims. The other civil court is the County Court. Cases involving higher value financial claims are dealt by the High Court, whilst the County Court handles smaller claims.

If the judgment obtained in the County Court is over £5000 and the claimant wishes to enforce this by way of execution against the debtor’s goods, then it must be transferred up to the High Court for enforcement. This will be undertaken by a High Court Enforcement Officer.


As far as I'm aware there's nothing there about a high court...
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stinkwheel
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PostPosted: 00:47 - 22 Sep 2020    Post subject: Reply with quote

https://www.civea.co.uk/complaints/
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TravisBickle
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PostPosted: 00:50 - 22 Sep 2020    Post subject: Reply with quote

I'll ring them tomorrow and ask for a case number. If they can't give one I'll ring my bank and tell them I suspect I've been a victim of fraud and see if they can do a chargeback because as Easy-X said if they are claiming that there has been a judgement when there was none that could potentially be classed as fraud.
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Poseidon
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PostPosted: 07:30 - 22 Sep 2020    Post subject: Reply with quote

Tuberculosis wrote:
I've just paid the balance on the Newlyn website at the advice from someone on https://forums.pepipoo.com/index.php?showtopic=135760


Not overly familiar with these sorts of processes myself, but whenever I see one of these threads, the advice is always not to pay as once they have your money, you've lost. Seems odd that one person on a forum has convinced you to pay. If I was a debt recovery firm, I'd have people lurking on all the debt forums, giving sage advice that paying up is for the best etc.

Just thinking out loud... Thinking
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kramdra
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PostPosted: 12:49 - 22 Sep 2020    Post subject: Reply with quote

Alternative is to pay the fine (edit, which you have done, I missed the last page) and use money claim online to get it back. Cost you about 25 quid, which you'd get back when you win.

This guy has a useful set of youtube videos and gave me some excellent free advice on a claim, worth asking. The value of my claim was much lower, but yours could be worth paying the hourly rate.
ttps://white-collar-legal.business.site/
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TravisBickle
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PostPosted: 15:42 - 22 Sep 2020    Post subject: Reply with quote

Poseidon wrote:
Seems odd that one person on a forum has convinced you to pay. If I was a debt recovery firm, I'd have people lurking on all the debt forums, giving sage advice that paying up is for the best etc.


Funny, I was thinking the same thing!
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UncleFester
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PostPosted: 08:00 - 23 Sep 2020    Post subject: Reply with quote

If it's been to court in your absence there will be a reference / record of it. I'd have asked for proof of that and got on with life until it arrived. Any correspondence needs to be sent recorded and signed for.

I'm with Paddy on this. There are two things you do with selling vehicles, one is either do the paperwork change online OR send it recorded and file that and your V5 slip. And make sure you cancel or transfer any insurance the SECOND the new owner takes the vehicle or bike.

Why?

Because the vehicle is insured, not you. So if the new owner drives off without their own insurance and wraps it around someone or something, whoever picks up the cost will come after the insured - which is still you.

Cheeky counts.
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Robby
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PostPosted: 08:30 - 23 Sep 2020    Post subject: Reply with quote

I would hold fire on the chargeback. I don't know much about them, but my understanding is that they are for cases of genuine fraud.
This looks more like the OP getting suckered by the underhand tactics of a debt recovery company, and voluntarily paying the money. Doing a chargeback could be illegal under a whole different set of rules.

Paying any money before being sure you have to pay it was a silly move. Stop acting impulsively, work out what is going on.
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TravisBickle
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PostPosted: 15:59 - 23 Sep 2020    Post subject: Reply with quote

UncleBFester wrote:
There are two things you do with selling vehicles, one is either do the paperwork change online OR send it recorded and file that and your V5 slip. And make sure you cancel or transfer any insurance the SECOND the new owner takes the vehicle or bike.


Yes I have learned from my mistake and would never let this happen again.



Robby wrote:
Paying any money before being sure you have to pay it was a silly move. Stop acting impulsively, work out what is going on.


I disagree. This does actually seem to be genuine and it was on the cusp of being hiked up a further £235. I think I was better to pay it before that extra amount came into effect.
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TravisBickle
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PostPosted: 16:01 - 23 Sep 2020    Post subject: Reply with quote

Replies I've had on the pepipoo fightback forum:

Quote:
The enforcement process for PCNs does not involve CCJs. You therefore cannot get one so searching for this debt will not turn up anything.


Quote:
There not being a CCJ doesn't mean it didn't need paying if that's what you're getting at. A warrant was still issued against you.
There is no hearing or judgement as you seem to perceive. No old bloke in red robes and a wig wondering why you haven't turned up.

Purely an administrative process of councils registering debts in what is, effectively, a big factory in Northampton.

Don't beat yourself up about it. In this instance, your decision to pay was a wise one. All just a bit unfortunate.

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Easy-X
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PostPosted: 17:18 - 23 Sep 2020    Post subject: Reply with quote

Still not right. A warrant was issued? Was it? Be helpful to see a copy.

<addendum> and the Northampton reference: it's still a court but just an automated one. Anything filed on-line, e.g. small claims, go through there initially.
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Nobby the Bastard
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PostPosted: 22:00 - 23 Sep 2020    Post subject: Reply with quote

In that case go to your mp with the police info of it being used repeatedly without reregistering it.

The council willl hate the possibility of questions in the house about their power to enforce debts unjustly and will see sense.
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kramdra
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PostPosted: 23:19 - 23 Sep 2020    Post subject: Reply with quote

Nope council will not give a toss and a charge back will have Newlyn after their money. Its nothing to do with the council now, as they sold it on, it is Newlyn that owe you.

You need a ruling that the fine and therefore the debt, is invalid, if you want your money back.

www.gov.uk/make-money-claim
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Islander
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PostPosted: 00:41 - 24 Sep 2020    Post subject: Reply with quote

kramdra wrote:
Nope council will not give a toss and a charge back will have Newlyn after their money. Its nothing to do with the council now, as they sold it on, it is Newlyn that owe you.

You need a ruling that the fine and therefore the debt, is invalid, if you want your money back.

www.gov.uk/make-money-claim


The majority of councils hate the idea of reputational damage and will do whatever is necessary to mitigate it.

Getting an MP and the local press involved isn't a bad idea along with pursuing recovery of your money.
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hellkat
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PostPosted: 01:10 - 24 Sep 2020    Post subject: Reply with quote

There are things that MPs could be doing that are a fuckload more important.
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Pete.
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PostPosted: 06:55 - 24 Sep 2020    Post subject: Reply with quote

I think that following the advice on pepipoo was a good move. Usually if bad advice is given over there others will jump all over it.

If you had asked them for advice BEFORE the appeal deadline they might have been able to steer you towards a successful appeal but once you missed that opportunity you're stuck IMO.
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Nobby the Bastard
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PostPosted: 08:43 - 24 Sep 2020    Post subject: Reply with quote

hellkat wrote:
There are things that MPs could be doing that are a fuckload more important.


They all run surgerys for their constituents.
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MCN
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PostPosted: 09:44 - 25 Sep 2020    Post subject: Reply with quote

Nobby the Bastard wrote:
hellkat wrote:
There are things that MPs could be doing that are a fuckload more important.


They all run surgerys for their constituents.


I think only their fans attend MP's surgeries.
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