Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Hello there
Like many, I found myself in serious debt a few years ago now, and am still trying to get out (it's slow but I'm getting there).
I went through a long saga with Egg, DLC, Alpins who attempted to put a charging order on my property. I defended it till the bitter end and the application was dismissed by the district judge.
I had been paying the £25 per month for a £7k debt and they wanted more which I couldn't afford. Anyway, I have been paying the money for well over two years and never missed a payment.
In August I changed banks and it now seems stopped paying DLC £25 per month. I have moved from the address they have and am having my mail re-directed. Anyway, I just opened a letter telling me:
You have not made a payment under this judgement and we are applying to have you brought before your local court to be examined under Oath as to the reason for non-payment plus detailed information of your income, assets, outgoings and overall finanical situation.
This will involve a Court fee of £45.00 which will be added to the debt and will be payable to you,
If you fail to attend the court hearing a Committal Warrant could be issued for your arrest.
If, within the next 5 - 7 days, we hear from Direct Legal and Collections that a payment has been made to their satisfaction we will hold action. Failing this you should be hearing from the court within the next 21 days
I have since sent (tomorrow morning) a cheque for £100 that covers the months I have missed and a letter explaining that I've changed banks (i didn't give my new address) - can't quite cope with the stress of the possibility of bailiffs turning up. The letter was dated 31/10/2007. Do I have a leg to stand on?
I think you will be OK as you have made a payment to clear the arrears. Perhaps you should send the letter recorded delivery just incase there is a problem. I am sure if you bring the payments up to date they will not take any further action.
Was the error caused by you or the bank? Normally DD's, SO's would be automatically switched to the new account when you change banks.
Can I also ask are there penalty charges on the CCJ that you could claim back to reduce the amount owing on the CCJ e.g. late payment charges? What type of account was the CCJ in relation to e.g. a loan, a credit card?
I left the bank on my own. And thought I'd transfered everything.
The CCJ is in relation to a bank loan.
The original order was forthwith. I asked for the Judge to review this and they asked took me to court to put a charging order on my property.
I fought the case as I thought that they didn't give me reasonable payment options. The judge thought they were also harsh but in the end dismissed the claim on a technicality - he noticed that they had not informed my other creditors within a reasonable amount of time.
I want to know if I'll have to go to court again and whether, I'll be arrested for late payments on a CCJ (that was in relation to a bank loan)... Please help, I can't sleep.
Should i try and get an advance on my salary to try and pay a lump sum?
Please, I am so worried...
want to know if I'll have to go to court again and whether, I'll be arrested for late payments on a CCJ
Put that out of your mind. There has been a mess up with you changing banks but you're resolving it. Now that you're up to date again the court wouldn't be interested in action against you.
Just get that DD or SO set up again properly and make sure the payments are kept up to date.
If you have any more questions regarding the CCJ please just post.
Can I also ask are there penalty charges on the CCJ
You never answered that question. Remember if there are penalty charges on the account you can claim these back to reduce the amount owed on the CCJ. The amount stated on the CCJ is not set in stone and the court can quite easily lower the amount.
If you have any more questions regarding the CCJ please just post.
You never answered that question. Remember if there are penalty charges on the account you can claim these back to reduce the amount owed on the CCJ. The amount stated on the CCJ is not set in stone and the court can quite easily lower the amount.
I don't know. The CCJ was made and the next thing they did when I couldn't pay the full £7k was apply for a interim charging order. When we went to court the judge dismissed it and it was left there. That was in Novemeber 2005; i simply kept paying £25. This was never written down or pursued. Once the case went in my favour I never heard from them as I kept paying £25.
What you could do is send a SAR to Egg (costs ten pounds) to get a copy of your statements to see if there are any charges on the account. You can then start the process of reclaiming these to reduce the debt.
Egg, DLC, Alpins - Can they have me arrested?
, DLC, Alpins who attempted to put a charging order on my property. I defended it till the bitter end and the application was dismissed
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Originally Posted by rory32
