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.
Back in July i have put a claim in on the grounds of hardship for my bank charges, they declined this "obviously" so i appealed !at the time my situatuion was hardship through finacial difficulties which i sent them solictors lettters all my outstanding debts including the one were i was liable for prison for my council tax,they declined again .Then in August i had a summons to go to court from my local housing office Golden Gates in Warrington, they are taking me for possesion of my home as im on an introdutory tenancy so they can !so i put another claim in see if i could get my money back in order to stay in my home!they have asked for the possesion papers which i have faxed a couple of times as they keep on saying they have not received them, they are basically delaying me as whem i put in for these she was very helpfull i have even given them authority to speak to my Housing Officer which they have done .I am in court again on the17th Febuary for the possesion to go ahead unless i can clear my arrears in the mean time which is £2500 and rising with court costs i am looking at going prison for my council tax!i dont know which way to turm my two boys and me have no family around and i fear for the welfare of us all the Halifax bank owe me nearly £4000 in bank chgarges if they would just give me my rent areas i would be happy and settle my claim.Please can you help me or point me in the right direction as i dont have much time !!the bank have said they need the possesion papers meaning i have to go to court first have an eviction notice put up against me in order for my grounds of hardship!!they have had letters and corrosponded with Golden Gates and have been informed that i need to clear these arears before the court date in order for us to be able to stay in home,what more evidence can i give them that iam Suffering on the grounds of hardship. I have a £650 overdraft which is to its limits they charged me again £210 in one week the week before xmas for not having funds in my account for direct debits!! this meant are xmas was ruined and im not looking for sympythy but my 12 year old had one present to open which cost £20, this is because of them taking my xmas money from me, i am curently unemployed as i am not able to do full time due to my partner upand leaving last May this is were all this accumlates from, i have beenforced to find another job that will fit around my commitments, this im inthe process of doing the bank know im not working as they see my payments i get working tax still and child tax as i have another 2 weeks to find a job, before putting me on to income support.Please help.
Hi Sorry to hear about the way you are been treated , you have definately came to the right place to learn the rules what lenders can and can not do ,.. and you will be amazed at the help on here , we are all in the same boat and all help,.. I would say to you to read lots of threads to get an idea what seems right and what seems wrong ,.. people will come a long to help you , but once you study the threads it all starts to make sense ,..
*how much are your arrears? ,..
*what is your monthly payment?
*And how many missed payments?
Try not to worry too much ,.. you have plenty of time if at court in febuary , I have learnt a lot in 4 weeks , and we had eviction notice to leave our home 2nd December(lovely time I know) ,.. but with help from this forum we are still in our home and hopefully are more informed now to address our problems and get everything back on level terms,.. will keep checking in to see how you are doing and if I can help , or covered anything of importance will post up ,.. best wishes & thoughts
I've removed your personal email address to make sure that any advice you get is kept on the open forum to protect you.
As you are a single parent I think it's highly unlikely that you will be sent to prison for your council tax arrears, so please don't worry on that score. The court won't want to see your children in care.
Regarding your rent arrears, are you claiming housing benefit?
Have Golden Gates been in touch with you to try and help you sort out the rent problems before going to court?
Dear All
Im so sorry im not very good with my gramma, I dont really understand it on here ,i just want somebody to help me ,what are carriage returns?.
Going back to the gentleman who said about me not going to prison!!on the 12th March 2009 i was sentanced to 40 days in style HMP for my fines an amount of £1600 , i am a registered nurse i done my degree at the age of 22 and worked very hard to gain this while bringing up my first son alone,because of my sentance i am classed as having a criminal record!this means my carreer has been ended, my two boys were with my best freind for 20 days while i served my sentance, i am now reluctant to enter any court room, i have never been in trouble with the law previously before this ,but they didnt care about my sittuation ,even the fact that after my second child in may 2006 i suffered servere postnatal depression due to the problems i had in birth and my partner ,the father to my second boy was killed in a tragic accident when i was 5 months pregnant,my solictor tryed her best to explain my sittuation but he mereley just wanted me away and set an example unless i could raise the cash of £1600 i would stay there in custody till my release date , this i done and rose through it and have bounced back, i then had to find another way of income, so i went into sales.
My world at the moment seems as if everything is falling apart and no matter how hard i try it just falls again. The bank know all this they have had proof from solictors letters ,my setance papers my ex employee to state that they had to let me go due to my sittuation with HMP.
My rent arears amount to £2900 and no im not getting housing benifit i need to put my claim in next week as i am now not working .
Who can i go to that will fight my case with me i have 5 weeks to go befor served on me !!.Golden gates never helped me sort this out they basically just let the amount go up and up then knocked on my door 27th July to serve the papers on my court date in October, the only reason why it has been delayed till 17th Feb 2010 is due to my housing not turning up in court!! that was a day i had to take off work for nothink .
Shall i write to the Ombusman? or shall i get a solictor on it ?is it worth it?could a solictor do anythink? my charges from the bank amount to £4000 if they would just pay my rent arears for me i would be happy .
Many thanks for trying to help me i really dont know what im doing on here im trying to learn just feel like my time is running out.Many thanks for the removal of my personal details to !!!woops i should of noticed that .
Thankyou for your message you have made me feel a little more hopefull and made me relise that theres people out there going through the same as me .
I look forward to hearing from you and any advice you may have to offer.
First things first. Do you still bank with the one you are reclaiming from?
Have you spoken to all the creditors you owe and explained the difficulties you are going through?
Have you completed an current income and expenditure form and sent it to the bank?
Have you sent in any changes in circumstances ie the repossession hearing to the bank(copies btw)?
Did you have anything from HMP with regards to the period of incarceration(since you would not be able to work or find work)?
Dear All
Im so sorry im not very good with my gramma, I dont really understand it on here ,i just want somebody to help me ,what are carriage returns?.
Going back to the gentleman who said about me not going to prison!!on the 12th March 2009 i was sentanced to 40 days in style HMP for my fines an amount of £1600 , i am a registered nurse i done my degree at the age of 22 and worked very hard to gain this while bringing up my first son alone,because of my sentance i am classed as having a criminal record!this means my carreer has been ended,
That is awful. It's dreadful that should have happened. Are you able to apply for a council tax rebate?
my two boys were with my best freind for 20 days while i served my sentance, i am now reluctant to enter any court room, i have never been in trouble with the law previously before this ,but they didnt care about my sittuation ,even the fact that after my second child in may 2006 i suffered servere postnatal depression due to the problems i had in birth and my partner ,the father to my second boy was killed in a tragic accident when i was 5 months pregnant,my solictor tryed her best to explain my sittuation but he mereley just wanted me away and set an example unless i could raise the cash of £1600 i would stay there in custody till my release date , this i done and rose through it and have bounced back, i then had to find another way of income, so i went into sales.
My world at the moment seems as if everything is falling apart and no matter how hard i try it just falls again. The bank know all this they have had proof from solictors letters ,my setance papers my ex employee to state that they had to let me go due to my sittuation with HMP.
My rent arears amount to £2900 and no im not getting housing benifit i need to put my claim in next week as i am now not working .
Are you claiming any benefits at all? Get your claim in as soon as possible. I think they probably wouldn't backdate your claim, but if you can get HB from now it may stop your arrears getting worse and mean you could offer to pay perhaps £1 a week towards the arrears,
Who can i go to that will fight my case with me i have 5 weeks to go befor served on me !!.Golden gates never helped me sort this out they basically just let the amount go up and up then knocked on my door 27th July to serve the papers on my court date in October, the only reason why it has been delayed till 17th Feb 2010 is due to my housing not turning up in court!! that was a day i had to take off work for nothink .
There is a charter of housing association tenants rights which covers what action the HA should take to help you. Page 14 says.
If you are having difficulty paying your rent or service charges, you
must be given
information and assistance to find out about benefits that may help you.
Shall i write to the Ombusman? or shall i get a solictor on it ?is it worth it?could a solictor do anythink? my charges from the bank amount to £4000 if they would just pay my rent arears for me i would be happy .
Many thanks for trying to help me i really dont know what im doing on here im trying to learn just feel like my time is running out.Many thanks for the removal of my personal details to !!!woops i should of noticed that .
Kind Regards
Hayley.
Just take one thing at a time and prioritise what is most important.
Let us know how you get on or if you need more help.
Hayley
Have you been to Citizens Advice Bureau yet? They will allocate you a personal advisor which may help a little more, at least you will have some face to face contact with someone who you feel is on your side. It's very hard to tackle this thing when you are alone. Lots of luck.