Bailiff advice!
 

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[Closed] Bailiff advice!

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Had some windows/doors installed by a local firm in a self build property.

There’s been issues since the start, leaking sliding doors, bay window out of square, no keys for window locks, runners corroded. The company haven’t been the most helpful in rectifying anything.

I moved into the house in March 2016 and I’ve had visits from the companies employees whilst I was living there.

I still owed 10% of the £15k for the full job which I told them I would pay when my concerns were sorted.

2 weeks ago I settled the outstanding amount as I am going to take it to the small claims court.

The guy I sold the house to works away and he dropped a handful of letters off last week from solicitors, ccj and bailiff visits with extra charges, all dating back to July/August.

Any legal types offer me any good advice!

Thanks in advance.


 
Posted : 13/09/2018 9:59 am
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Show bailiffs proof of payment.

If there are costs outstanding then it's probably about whether you had the papers properly served on you or not. Speak to a lawyer.


 
Posted : 13/09/2018 10:04 am
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Cheers. I’m in Spain for a week at the minute, got the letters Friday and we flew Saturday so never had a chance to speak to anyone. Never had a ccj in my life!


 
Posted : 13/09/2018 10:09 am
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Oh dear, don't worry, it needed be earth shattering.

Firstly, Debt Collectors just love to use fear to try to get you to pay. Firstly "Solicitors" if you ever visited one of these places you'd get a better idea of what they're like - massive call centres, with some a few low-level legal types to make it broadly legal, they send out thousands of letters a day, just cutting and pasting different names to the top.

CCJ - threats of a CCJ or an actual court 'summons'? that's the important part.

Bailiffs, real actual, court appointed Bailiffs or just threatening letters from debt collectors with the words Bailiffs written on them?

Now, worst case, if they've actually secured a CCJ against you, you can apply to have it 'set-aside', do some research but in short, you write to the court to explain you had no idea of the summons as you had moved and the debt collectors made no effort to ensure you knew about it. Then show them the payment you made settling the debt and it should be removed from record.


 
Posted : 13/09/2018 10:11 am
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Actual ccj and bailiffs with a high Court writ!


 
Posted : 13/09/2018 10:20 am
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I've got "Can't Pay We'll Take it Away" on series link, watching out for you now 😉


 
Posted : 13/09/2018 10:24 am
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Actual ccj and bailiffs with a high Court writ!

For £1500!! Bloody hell, they're not messing about. Most creditors won't bother with a CCJ for less than £5k.

As above, it needed be the end of the world, but sadly you're not likely to avoid some pisstake fees from the Bailiffs. Probably most annoyingly the window places shouldn't have accepted the final payment without at least telling you.

Have a look at Legal Beagles forum.


 
Posted : 13/09/2018 10:37 am
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I’ve got “Can’t Pay We’ll Take it Away” on series link, watching out for you now

Has the new occupant given the bailiffs your new address? If so, stop parking your car on your own drive! 🙂

The upshot is that you need to get the CCJ set aside. Is it dated after you paid the balance? Even if not, evidence that the debt has been paid prior to it being escalated to the High Court should be enough to get it removed.

If the bailiffs turn up at yours, you'll have to decide whether to allow them entry and pay the balance, which should be returned to you if the judgement is set aside.

Have fun with small claims against the window co. Maybe you'll be able to return the favour to them in the near future.


 
Posted : 13/09/2018 11:25 am
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No it’s all dated pre payment. I didn’t find out about it until the 6th this month. The payment was on the 1st or 2nd.


 
Posted : 13/09/2018 1:26 pm
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How long ago did you sell the house?


 
Posted : 13/09/2018 1:33 pm
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The house that the letter have gone to was sold in March 2016.


 
Posted : 13/09/2018 2:25 pm
 xora
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Wait they knew your correct address because they were regularly visiting and they served on the wrong address? That should be pretty easy to overturn.


 
Posted : 13/09/2018 3:39 pm
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Go speak to Citizens Advide Bureau

if there are any technicalities in addresses used etc then they can help get a CCJ set aside


 
Posted : 13/09/2018 3:44 pm
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Just making sure I understand; the problems are with a new house you were building, which you now live in, but all the correspondence, CCJs, etc were sent to the address you lived at when you placed the contract for the work? Did you tell them you'd moved?


 
Posted : 13/09/2018 3:48 pm
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Windows were fitted in new house. I was living in old house when they were ordered.

All correspondence from the time of ordering was via email.

I was living in my new house during all visits due to remedials.


 
Posted : 13/09/2018 6:41 pm
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So they've issued all the paperwork to the wrong address? muppets.

Good luck sorting it out and getting them back with your own action, seems like a lot of stress over such a silly amount.


 
Posted : 14/09/2018 11:41 am
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Ps maybe they used your old address intentionally hoping they could get it through as a "no show".


 
Posted : 14/09/2018 11:43 am