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momumission

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  1. Hi can anyone advise please? I have received a CCJ threat from BW Legal on behalf of Shop Direct they claim I owe them £1,025.34 (interest court fees included) I rang BW Legal made it very clear I'm not admitting to this debt and they need to prove I owe it Apparently they said the account was opened 2010 ordered 2011 and last payment August 2011. This is over 5.5 years ago. I was in financial crisis, which I have spent the last 5years paying off council tax and rent arrears to rebuild my life. I had a ccj of £5,000 which I only have £400 left to pay. Point is I'm not avoiding paying my debt I just can't remember this Any advise appreciated Momumission
  2. Hi Ploddertom, Thank you for your advise, amazingly they have accepted my offer of £150 a month so I do not need to apply for a variation order, as I have received a confirmation letter from the Sheriffs office. Just another question, they are adding interest on this outstanding amount of 0.77P a day. Is there anyway I can stop this from acrueing more debt? Thanks Momumission
  3. Hi ploddertom I am applying for a variation on Monday as I have missed the courts today. I have been negotiating with the claimant to reconsider the lesser offer. I have no assets at the property, the car she was eagerly after she now knows does not belong to me its a tuskers vehicle through the NHS. The most she can do is enforce the writ for what? What I do not have she cannot take!!! In the property the most she can take is a few worthless pictures and an old TV is that worth the effort??? The only way she will get the money is through my monthly income. My husband and I are separated, this debt is solely in my name. I have moved out of the property and and currently living with family. I now have other financial commitments. I get paid monthly, I pay all my income out to debt & bills and live on a peasly £25 a week if I am lucky. That doesnt even cover food, petrol, toiletries and clothes. I have come to the stage if they cannot accept the offer through court then let them levy on a few worthless goods. incidently, if they do enforce the writ and gain entrance to take away a few old pictures and an old TV is that the end of it or are they within there rights to keep terrorising our lives ??? Any help would be most appreciated Thanks Momumission
  4. Hi Wonkey Donkey, I know this message was some months ago, however, it is still ongoing. I have took your advise and contacted the SO and the claimant to try to arrange lesser amounts this is still being discussed. I just wanted to ask as I notice that they are applying interest of 77P a day to this debt, can this be stopped? also the sheriff fees are over £1000 to this debt and so far all they did was serve a letter (Section 55) can this be disputed? Kind Regards Momumission
  5. Hi Wonkey Donkey, Thanks for your reply. If I go back to the original court that hold the CCJ and apply for a variation order and say I am granted this for a lesser amount will that cancel out the stay of execution of £300 a month? As I am paying this amount at the moment, but if the variation order comes into play for £150 then that means I can then reduce payments and enforcement will not take place? Thanks momumission
  6. Hi The court case for the stay of execution was on Friday. The judge has granted the stay of execution. This should be good news, however, I have shot my self in the foot , in my panic when I was presented with the N55 three weeks ago, I applied for a stay of execution and provided affidavit to commit to £300 per month. At the time I knew this would stretch us but was willing to offer it to get them off our backs. The claimant had proposed £100 per month, when they heard we had offered £300 they snapped our hands off. The judge going off the affidavit granted stay on £300 a month. It wasnt negotiable and I could of kicked myself as I should not of acted in haste. The thing is, although the debt would get payed quicker at this amount a month its going to kill me over 16months. My question to the experts, Can I do anything about this? Can I pay a few months and then apply to the courts and explain its causing hardship? where do I stand with a variation order? Thanks Any advise most appreciated. Momumission
  7. Hi Wonkey Donkey, I have read many of your posts and gleamed a lot from them, So many thanks for sharing your expert knowledge on these forums. I was granted the stay of execution pending a hearing on a few grounds. 1. I have no means of paying ie. no assets only my monthly salary. 2. I have submitted a variation order to original county court 3. They where trying to levy on goods that were not mine. The car which I have since sent copy of V5 to Sherriffs office with covering letter. 4. I provided an affidavit with proposed monthly repayment. Yes the Sherriff's office is based in Croyden. This Chris Badger, does he actually work at the office in Croyden? if he does, is it wise to contact him regarding this writ? Can you send me your link on the letter I send requesting a break down of fees that they have charged me. Thank you so much Momummision.
  8. Hi All I will not bore you all with the details of my case, lets just say that this forum and advice from certain members have been like "Saving Grace" to me and I feel indebted. I have been granted a "Stay of Execution" for a recent enforced writ to the value of £5,119.15. pending court hearing, which I provided an affidavit with my monthly proposal. Firstly, I would like to ask what to expect from this hearing? Secondly, I have listed a breakdown of fees and wondered if the "more experienced" on these matters would kindly advise whether they feel I am being ripped off. The fee's for visiting to post the N55 seizure notice are as follows:- Judgement Debt £3,750. Judgement costs £100 Execution costs £60 [email protected]% £41.35@ £0.84 per day from 25-02-2014 Sheriff fees £973.16 VAT £194.63 TOTAL £5,119.14 doesn't seem right to me Any further advise most appreciated Momummission
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