Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

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.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

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  1. #1
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    Default Attachment of Earnings RBS MINT Card

    Hi,

    Firstly thanks for the great site i am awaiting my information from Halifaxicon, HSBCicon and more

    I had a letter from allied international credit uk ltd based in glasgow saying i had to pay my £3170 immediatley which i owe to Mint due to me not maintaining the payments after being unemployed for 7 months. The original debt was through Moorcroft and they have sent it to these people as i missed 1 payment of £80 which i informed them of.

    I phoned Allied international and spoke to Mr iqbal on their number and he has advised me that they will instruct their solicitors to investigate into my mortgageicon company to see how much equity we have and also go for an attachment of earnings, i asked if they have bought the debt of RBSicon mint and they said no. Can this company do this?

    I have tried to phone Mint customer services but they are closed at the weekend!!!!!!

    Can someone advise me what i can do as i am feeling the stress of being unemployed for 7 months.

    i have now got a job and am paying debt off now.

    I estimate that over 6 yearsicon the banks proberly owe me around £30,000 which would be such a relief

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  2. #2
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    Default Re: Attachment of Earnings RBS MINT Card

    Speak to a trained debt counsellor - these people will be able to offer a great deal of info on your debt, your options, and your best way forward.

    Consumer Credit Counselling Service Freephone 0800 138 1111

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    Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.



  3. #3
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    Default Re: Attachment of Earnings RBS MINT Card

    thanks for that i will call them monday, i have never really been in that much debt until i was unemployed and now things are just mad. Hopefully getting charges back of the banks will help me out

    thanks again, have you heard what the consumer credit counselling services are like?


  4. #4
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    Default Re: Attachment of Earnings RBS MINT Card

    I have personal experience of them, and I would never hesitate to promote them. They are impartial, non judgemental and very helpful.

    I've yet to hear a bad word about them!

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  5. #5
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    Default Re: Attachment of Earnings RBS MINT Card

    hi,

    thanks for that again, can you explain what the actually do then or should i wait for an email from them?


  6. #6
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    Default Re: Attachment of Earnings RBS MINT Card

    Quote Originally Posted by leebot2004
    hi,

    thanks for that again, can you explain what the actually do then or should i wait for an email from them?
    I presume from the above that you emailed them? If so, I'm sure that they will be in touch shortly, but you can call them free on Monday.

    They basically offer free advice about anything debt related, to anyone in debt.

    Once you have explained your predicament, they will advise you on your options. It is then up to you what you do with that information. They will not, as far as I know, offer any advice on dealing with your bank charges- you will get that help here though...

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  7. #7
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    Default Re: Attachment of Earnings RBS MINT Card

    the bank charges i am doing on my own, i just need advice off them as to what to do about this collection company in scotland. They havent bought the Debt off mint as i asked them this mint still own the debt. If this is the case can this company seek what equity i have in the house and can they get an attachment of earnings?


  8. #8
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    Default Re: Attachment of Earnings RBS MINT Card

    In theory, even a small debt, unsecured, could eventually lead to the worst case scenario. However, getting to that point would involve the debtor either refusing to make a payment, or totally ignoring every effort to negotiate a deal, including many court processes.

    Since that is not the case here, the outcome is likely to follow the following route (I am presuming that this debt is not secured against your property??) and also, bear in mind that my knowledge of Scottish law / regulations in particularly weak - but I imagine that the overall routine is somewhat similar...

    The company now dealing with the debt asks for the money to be repaid

    You presumably can't do this, and with help from someone like the CCCS, you produce an income/expenditure sheet that shows what precisely you can afford.

    You then make those payments (even if this is rejected by the agency)

    The agency may tell you that they will proceed with court action, however this is unlikely, since a court will only be able to make you pay what you can afford, and since the spreadsheet you have produced with CCCS will show it, the court is very unlikely to say different. With this in mind, the court would not be best pleased with the agency for wasting their time.
    I'm not too sure, but it could be that the court make a record of this, effectively binding you to this agreement (in England, this would be akin to a CCJ - county courticon Judgement).

    So long as you stick to this payment plan, however it is reached, there should be no further action taken. At regular intervals (possibly as far as a year apart) you would be expected to update the figures on the spreadsheet, and certainly if your circumstances changed (for better or worse) then you should change it anyway and alter payments accordingly... although small differences would not matter, I'm talking more of substantial wage increases, or loss of employment etc.

    The agency should be willing to reduce or stop interesticon (clearly stopping is preferrable here) as it would be likely that a court would ask for this. If payments are very low, and they insist on keeping interest going at full rate, then you might be "better off" letting them take you to court. The CCCS will explain further.

    You would continue paying small amounts if circumstances don't change, and after some time the agency may swap to another to try a new approach, or may offer reduced settlement figures. A long running, reduced payment plan could be settled as low as 15 or 20%, but might normally be initially offered at 50 - 60% of the debt. There are no 'rules' on this though, it all depends how lucky you are.

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    Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.



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    Angry Re: Attachment of Earnings RBS MINT Card

    thanks for the info. The debt agency is in scotland but i am in the uk (somerset)

    one thing i dont want is a CCJ against my name as this will screw things up for the next 6 - 7 years

    it just frustrates me how i told mint that i was unemployed and they werent willing to help and then when i starting paying the other debt collectorsicon i missed one payment and they sent it to this other parasite company


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    Default Re: Attachment of Earnings RBS MINT Card

    Ahh, if you are in England then the above is fine. I wrongly presumed you were in Scotland, where different rules can apply. Not that I'm in anyway knowledgable about UK law, you understand!!

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  11. #11
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    Default Re: Attachment of Earnings RBS MINT Card

    ahhh hopefully it will be ok, thanks again for you advice


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    Default Re: Attachment of Earnings RBS MINT Card

    Just a quick reminder to everyone on the forum regarding CCCS.

    They do provide a free service but are funded soley by, yes you guessed the banks.

    The banks set up CCCS as an alternative to the Citizens Advice Bureau ,because the banks thought CAB were being too difficult and didn't agree with the banks view of the world and recovery procedure.

    You decide.


  13. #13
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    Default Re: Attachment of Earnings RBS MINT Card

    CCCS is funded and supported entirely by the credit industry, not simply banks.

    CCCS provides its services totally free to consumers - an an impartial way, without being prejudiced by that funding.

    I think it is extremely unfair to paint a picture of them as being in the banks pocket!

    I have used their services in the past and they were an absolute godsend - never once did they make any kind of suggestion that any bank, or other financial organisation, should take preferrence in payments, and overall gave us the best and clearest advice possible.

    Specifically, in relation to our Halifaxicon bank account that was £750 in arrears, they advised us to 'walk away from it' and offer a minimal payment of £1 per month - there's little that they can do at that stage!

    Hardly the actions of an organisation that might be a bit too close to banks!

    I don't want this issue to hijack the thread, so if there are further comments to be made on the subject, let's have a new threadicon started please.

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  14. #14
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    Unhappy Re: Attachment of Earnings RBS MINT Card

    Quote Originally Posted by jonni2bad
    CCCS is funded and supported entirely by the credit industry, not simply banks.

    CCCS provides its services totally free to consumers - an an impartial way, without being prejudiced by that funding.

    I think it is extremely unfair to paint a picture of them as being in the banks pocket!

    I have used their services in the past and they were an absolute godsend - never once did they make any kind of suggestion that any bank, or other financial organisation, should take preferrence in payments, and overall gave us the best and clearest advice possible.

    Specifically, in relation to our Halifaxicon bank account that was £750 in arrears, they advised us to 'walk away from it' and offer a minimal payment of £1 per month - there's little that they can do at that stage!

    Hardly the actions of an organisation that might be a bit too close to banks!

    I don't want this issue to hijack the thread, so if there are further comments to be made on the subject, let's have a new threadicon started please.
    Pleased to hear that is your experience J2B - its just I was around at the birth of CCCS and that was the original idea , IMHO and experience, of course.

    Yes your right , a discussion for another time and place. Just delete my post if you think it's a diversion.

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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE