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.
My parents took out a financial agreement 2 years ago for a sofa from SCS, payments began and for one thing or another the DD was somehow cancelled. Unfortunately around the same time my parents ran into substantial financial difficulty. They have now received a judgement for claimant in default for £1,168.94 from Clerkenwell and Shoreditch county court. I really want to help and somehow set up a DD to begin paying off the debt but dont have a clue who I need to contact whether it's creation or the court. The stress and worry they are currently under is with the financial climate has already knocked them to rock bottom and I fear anything else would tip them over the edge.
Please help to to at least work out who to contact, I really need to find a way of paying a reasonable quantity monthly to pay off their debt.
Will help you soon if no one has by then advised.Am working downstairs at a barbers shop at moment but promise to help you.Keep coming upstairs to see if anyone has helped you.This work thing really gets in the way sometimes.Back later,Tawnyowl.
How come it got won in default? Didn't your parents get notification of the case? :-?
If they were not aware of the case, then they can get it set aside. I know they owe the money, but there is a strong possibility that part of the money claimed will have default charges etc... which would help reduce the balance owing, you see. There is a fee to get the case set aside, and they need to have a valid reason, such as paperwork not received etc...
If nothing else, the set-aside application will give them some breathing space anyway.
Once the case is re-heard, make sure that you get a statement showing exactly what the sums claimed are made of, knowing Creation, there'll be a few additional charges and you can then contest those. It may be that you'll then be able to settle out of court (which would avoid your parents getting a CCJ against them) by making an arrangement with Creation directly (you'll still have to pay their court fees though).
If you do end up in court, you can then present an income and expenditure sheet to the judge and ask him to set the amount your parents should be repaying, making sure that the amounts are reasonable and not leaving them in financial dire straits. If things are that bad, Creation could end up with a judgment for £1 a month... and they don't like that, so they could well be eager to settle out of court for a more adequate repayment scheme...
In the Debt forum, I have a long post called "how to take back control of your finances", look for it and read it (saves me having to type the whole explanation again, lol).
DON'T pay by DD. If you do come to an agreement with them, Standing Order, this way you keep the control at all times. ;-)
Any questions or need for clarification, shoot.
Apologies to people who I was in the process of helping, I may be gone some time.
Sorry i took so long to reply but the barber decided to give me a free haircut.Only just escaped.Bookworm has given you the perfect reply to your post-help allways arrives.Well said Bookworm.And good luck SK1.Tawnyowl.
A short back and sides would do me the world of good, but trying to hide the receeding front. Would have to change my profile name to the count. On a more serious note, just hearing some educated guidance has cheered me up ten-fold. Got a good plan of approach for dealing with my parents issue. A massive thanks to all involved.
Creation Help Please
. I really want to help and somehow set up a DD to begin paying off the debt but dont have a clue who I need to contact whether it's creation or the court. The stress and worry they are currently under is with the financial climate has already knocked them to rock bottom and I fear anything else would tip them over the edge.
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