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.
I am currently on maternity allowance. Some years ago, me ex partner and I took out a crisis loan with the social and just this week, they have decided that I should be the one to pay back this loan, in installments, from my small amount of maternity benefit.
Can they do this? Could they not just wait a couple of months until im back at work as the maternity allowance is not enough to survive on as it is? And why is it me alone who has to foot the bill since the loan was in both our names?
The same thing happened with owed council tax about a year and a half ago. When I moved out of the house I shared with my ex about 3 years ago there was council tax left to be paid. A year and a half later they contacted me to tell me I would have to pay the full amount. When I sent them a letter asking why I had been sent the full bill instead of half of it, they replied telling me that my appeal was not in the time limit of one year-even though I replied as soon as I received! It was they that had sent the letter one and a half years late. As a result, I had to pay £40 a month out of my wage until it was cleared and my ex didn't pay a penny.
Abbey - *SETTLED IN FULL!*
-£445 refunded after one phonecall HERE
Lloyds - Reclaiming Charges ***WON!***
-09/05/07 - Prelim delivered
-22/05/07 - LBA sent - no response
-11/07/07 - Filed at court
- 26/07/07 - Full settlement offer!!!! Donation made HERE
Next - Trying to Sue us with no agreement!
-29/06/07 - Defence filed
-16/08/07 - AQ filed
-19/09/07 - Claim struck out!! HERE and continued HERE
Thats rubbish though. Just because the other person cant pay it as easily I have to pay it all? And out of maternity Allowance no less?
Abbey - *SETTLED IN FULL!*
-£445 refunded after one phonecall HERE
Lloyds - Reclaiming Charges ***WON!***
-09/05/07 - Prelim delivered
-22/05/07 - LBA sent - no response
-11/07/07 - Filed at court
- 26/07/07 - Full settlement offer!!!! Donation made HERE
Next - Trying to Sue us with no agreement!
-29/06/07 - Defence filed
-16/08/07 - AQ filed
-19/09/07 - Claim struck out!! HERE and continued HERE
This may sound harsh, but why did you not pay the loan back in the first place? It is standard practice that when you claim a benefit, the system will flag up any overpayment/outstanding loans etc. hence the reason they are now recovering what after all is money owed by you to the taxpayer.
Number 4, Stygia Avenue, Hell...come in, we have beer and Pringles.
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Re: Can they take my maternity allowance?
That's what 'jointly and severally liable' means, I'm afraid. Yes, it sucks, and yes, it's unfair - but local Government seem to have godlike powers when it comes to recovering governmental debt. If you're struggling on your maternity pay as it is, you could try going to your local CAB office (your Council should have one attached) and seeing if they'll negotiate with the Council on your behalf to get the repayments reduced.
In respect of their failure to give you proper notice, it seems to me that there were clear grounds here to go to the local authority Ombudsman.
It really is too late now to get any benefit from such a complaint. It is a shame that you didn't do it at the time.
In respect of Joint and severable liability, of course there is such a principle but you need to look at any written agreements to see if the principle was incorporated into your loan. It probably was - but it is worth checking.
In respect of your liability to repay all any outstandings yourself, you have a right of contribution from your ex.
If you know where he is and if he has any assets then you should sue him for his contribution. you can deal with both matters in one claim form.
It would be very straightforward and it would be unloseable.
Please don't pm me about specific questions unless you have posted and it has not been dealt with or unless the matter is confidential. Please include a link to the post you want me to look at. If you have received a defence, contact me.
Advice & opinions of BankFodder, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.
Express- I didnt pay back the total in the first place because what with splitting up with my ex and moving out, starting a new job and settling in to my new place, you kinda forget some of the smaller things. I do anyway- I didnt even remember I had it!
Bankfodder- Back then, if I'd heard the words 'Financial Ombudsman' I probably would have just glazed over. I haven't seen my ex since we broke up. Ive seen his mother once and she told me that he was having 'problems' of a very sensitive kind and I don't think it would be at all possible to claim anything back from him unfortunately.
If they do know where he is then that is probably the main reason why they have come after me alone for the money. Im not too bothered about the Loan amount as it isn't that much, but the Council Tax was over £400! My main point is just that they should have only sent me a letter asking for half the total in the first place. It's not my problem where he is now and I have more important things to do with my time than chase after him for their money. It shouldn't be my responsibility really.
Abbey - *SETTLED IN FULL!*
-£445 refunded after one phonecall HERE
Lloyds - Reclaiming Charges ***WON!***
-09/05/07 - Prelim delivered
-22/05/07 - LBA sent - no response
-11/07/07 - Filed at court
- 26/07/07 - Full settlement offer!!!! Donation made HERE
Next - Trying to Sue us with no agreement!
-29/06/07 - Defence filed
-16/08/07 - AQ filed
-19/09/07 - Claim struck out!! HERE and continued HERE
I have taken our LA all the way through the complaints procedure on behalf of one of my clients as they "took" £12.23 a week from a total benefit award of £42 a week. The maximum allowed is 12% of benefit. Due to their action and the stress it caused my client, the debt has been written off.
Make a complaint. Ask them to tell you what regulations they have used to make the deductions. You don't have to make the complaint in writing, you can call in or do it by phone. If phoning, tell them you want to make a complaint and you will be put through to a supervisor who will directly input what you say onto their computer and you will get confirmation of your complaint and a copy (ask anyway) of their complaints procedure.
Thanks for that. The amount they're taking is just less than 12%. The thing is, I started claiming maternity in January and only now, in May, have they decided that I repay. They could have just waited until July when I return to work but then again, they like to cause problems don't they?
Abbey - *SETTLED IN FULL!*
-£445 refunded after one phonecall HERE
Lloyds - Reclaiming Charges ***WON!***
-09/05/07 - Prelim delivered
-22/05/07 - LBA sent - no response
-11/07/07 - Filed at court
- 26/07/07 - Full settlement offer!!!! Donation made HERE
Next - Trying to Sue us with no agreement!
-29/06/07 - Defence filed
-16/08/07 - AQ filed
-19/09/07 - Claim struck out!! HERE and continued HERE
As has been said earlier, joint and several liability means they are entitled to come after either party for full payment. Therefore if they can get it easier off one than the other, then that is what they will do. May seem unfair, but that is what you agreed to when taking the loan. As for the council tax, were you both named on the bill? If so then the same applies, however if only your ex was named on it, then it is entirely down to him to pay it. My local authority, started naming both parties on council tax bills once people either claimed benefit or went into arrears. Basically they are covering themselves by having the option of going after two people instead of the usual one.
No. There is only one number to ring for the offices which is constantly engaged, the actual offices are not open to the public anymore and sending an e-mail results in a response about 6 weeks later. By this time I'll be back at work anyway.
I already know this as I recently moved and they ask you to inform them immediately if there is a change of circumstances. I'd like to know how anyone can get anything accross to them immediately. Its a farce.
Abbey - *SETTLED IN FULL!*
-£445 refunded after one phonecall HERE
Lloyds - Reclaiming Charges ***WON!***
-09/05/07 - Prelim delivered
-22/05/07 - LBA sent - no response
-11/07/07 - Filed at court
- 26/07/07 - Full settlement offer!!!! Donation made HERE
Next - Trying to Sue us with no agreement!
-29/06/07 - Defence filed
-16/08/07 - AQ filed
-19/09/07 - Claim struck out!! HERE and continued HERE
Can they take my maternity allowance?
allowance. Some years ago, me ex partner and I took out a crisis loan with the social and just this week, they have decided that I should be the one to pay back this loan, in installments, from my small amount of maternity benefit.
As a result, I had to pay £40 a month out of my wage until it was cleared and my ex didn't pay a penny.
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Re: Can they take my maternity allowance?
