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Iannun

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  1. Hi all, To be honest I am completly lost, with a wife in tears having read the board. We honestly don't know where to turn on this. I have done the N244 asking for a stay of execution on the basis that I cannot pay, also a N245 giving a statement of income and outgoings, showing I can only afford £5 a month. Hopefully this wil stop them banging the doors and I can sleep a bit easier. I suspect the advantage the solicitor had was knowing the rules and went for the throat straight away. Would there be any grounds I could get the CCJ set aside? I will not lie and say I did not get it, but are their other grounds I could try and go for?
  2. Hi and I hope I can get some advice. Sorry if I have cut across someone thread, if so I will start my own. I have just had high court (only saying north east so my creditor cannot identify me) charging order made and confirmed. I was being represented but ran out of money. The solicitors sent the papers to the solicitor not me. I have just received from my former solicitor the final charging order judgement paperwork. The house is in joint names and we are around £30K minus equity. I disabled and very ill. I have hospital treatment three or four times a week. I am out of work and my wife is my carer and we live on income support and DLA. I had a judgement filed against me when I was in hospital for four months. I came out and they applied for a interim charging order. I engaged a solicitor and he got it set aside and the charging order dismissed. I fell ill again and missed the court deadline for information (I was in hospital for three months this time and on so many tablets and morphine) I could not make any decisions. My doctor sent a letter saying that my judgement and cognitive thoughts were impaired due to the medication, but I still missed the courts deadlines. I ended up with a judgement over £70K. They then went for a interim charging order. Believe it or not I was receiving hospital treatment and they dropped me, breaking my arm. So another spell in bed was spent (I cannot walk unaided and therefore lived in bed for four weeks). I have then missed the date for the hearing last week. Today, I received through the post the charging order. I am distraught, the wife is suicidal. What can I do? Can I get it set aside? My wife who is half owner never had a copy of the paperwork, so how would she as an interested party know and object to the order. More importantly, can they now force sell the house, or evict us? As I said the figures are Debt and judgement over £70K Mortgage a couple hundred pounds in arrears Negative Equity of at least £30K Both on IS, I am on DLA. Two children, one in School one at college. Any help or advice would be gratefully received. Get evicted and we end up a further burden of the state. Not proud of where I am, but I did not elect to have the fork lift drop a machine on me at work forcing me to use crutches or a chair.
  3. Hi and I hope I can get some advice. Sorry if I have cut across someone thread, if so I will start my own. I have just had high court (only saying north east so my creditor cannot identify me) charging order made and confirmed. I was being represented but ran out of money. The solicitors sent the papers to the solicitor not me. I have just received from my former solicitor the final charging order judgement paperwork. The house is in joint names and we are around £30K minus equity. I disabled and very ill. I have hospital treatment three or four times a week. I am out of work and my wife is my carer and we live on income support and DLA. I had a judgement filed against me when I was in hospital for four months. I came out and they applied for a interim charging order. I engaged a solicitor and he got it set aside and the charging order dismissed. I fell ill again and missed the court deadline for information (I was in hospital for three months this time and on so many tablets and morphine) I could not make any decisions. My doctor sent a letter saying that my judgement and cognitive thoughts were impaired due to the medication, but I still missed the courts deadlines. I ended up with a judgement over £70K. They then went for a interim charging order. Believe it or not I was receiving hospital treatment and they dropped me, breaking my arm. So another spell in bed was spent (I cannot walk unaided and therefore lived in bed for four weeks). I have then missed the date for the hearing last week. Today, I received through the post the charging order. I am distraught, the wife is suicidal. What can I do? Can I get it set aside? My wife who is half owner never had a copy of the paperwork, so how would she as an interested party know and object to the order. More importantly, can they now force sell the house, or evict us? As I said the figures are Debt and judgement over £70K Mortgage a couple hundred pounds in arrears Negative Equity of at least £30K Both on IS, I am on DLA. Two children, one in School one at college. Any help or advice would be gratefully received. Get evicted and we end up a further burden of the state. Not proud of where I am, but I did not elect to have the fork lift drop a machine on me at work forcing me to use crutches or a chair. Sorry, I started this question as a thread as I am a numpty who clearly did not read the guide.
  4. Thanks for the help so far. I have been down the court and filed the papers. I was told I need to call on Tuesday find out what the judge has said, or attend in person on Wednesday for the hearing (too much to assume the lady behind the counter listened to me or read the letter). I attach the only paperwork I have had for the hearing.I would be grateful if someone could advise me. I would hate the bailiffs to knock on the door. [/img]
  5. I am sorry if I have posted this on the wrong thread. I am looking for some help. I got a CCJ last September for a little over £700. I made no offer to pay, but have received a form N24 (general form of judgement).The form says this It is ordered that The application is adjourned to 16th June 2010 at XXX at XXXXXXX county court. The interim order to continue until further order. The claimants are to serve the Information Commissioner`s Office and notice of hearing upon and persons they know of as creditors and the persona named in paragraph 6 of the application. Now here is my problem. I have not made any offer of payments and I know that is wrong. I have only had this one sheet of information and I received it three weeks ago. I have not had any other information from them, my wife who owns half the house has had no notification. I am have been in severe bad health for the past four months and in and out of hospital. This Saturday I am scheduled to have a seven hour operation, then a further one on the 16th. So I am not focused on this order at all. To be honest, I am frightened witless about the operation and do not know where to turn. I have only received the form I had mentioned above. I am severely disabled, one DLA and Income support. Our house is mortgaged and is jointly own and in negative equity (30%). Can someone advise me on the letter I can send to the court. Even an adjournment for a few months until I recover would help. I honestly don't need the worry. Thank you in advance if you can help me. Can they sell my house when I am in hospital, how can I stop it?
  6. I am sorry if I have posted this on the wrong thread. I am looking for some help. I got a CCJ last September for a little over £700. I made no offer to pay, but have received a form N24 (general form of judgement).The form says this It is ordered that The application is adjourned to 16th June 2010 at XXX at XXXXXXX County Court. The interim order to continue until further order. The claimants are to serve the ICO and notice of hearing upon and persons they know of as creditors and the persona named in paragraph 6 of the application. Now here is my problem. I have not made any offer of payments and I know that is wrong. I have only had this one sheet of information and I received it three weeks ago. I have not had any other information from them, my wife who owns half the house has had no notification. I am have been in severe bad health for the past four months and in and out of hospital. This Saturday I am scheduled to have a seven hour operation, then a further one on the 16th. So I am not focused on this order at all. To be honest, I am frightened witless about the operation and do not know where to turn. I have only received the form I had mentioned above. I am severely disabled, one DLA and Income support. Our house is mortgaged and is jointly own and in negative equity (30%). Can someone advise me on the letter I can send to the court. Even an adjournment for a few months until I recover would help. I honestly don't need the worry. Thank you in advance if you can help me. Can they sell my house when I am in hospital, how can I stop it?
  7. thanks for that. Wife sitting on the bed in tears over this today and I am willing to face the music over it and they are not willing to accept a payment plan (they have got a CCJ over me). She did not sign any PG, they asked her to.
  8. To add to this we have had through the post an application from the solicitors for an interim charging order, with a hearing at the start of May. As I stated previously, the house is jointly owned, the debt is mine, not the wife's or the kids. It was followed with a notice from the land registry informing me that their is a notice of interest on the property. Help or advice please. If I file for BR now, will that stop the charging order dead, or have they beaten me to it?
  9. I need some advice a bit quick so I know what to do. Long and short, I had a business that had a factoring agreement, I supplied a PG and the business went tits up. The factors agreed a settlement with a creditor of less than 10% of the outstanding amount. Then they came at me for the grand total of £70K. They threatened BR, I had it set aside arguing a case of lack of business efficacy on their part and that it was a matter for a different court. They then issued in the mercantile court and managed to get a CCJ for the above amount. I have negotiated with them to pay, but have now been severed with an application to the court to get a charging on the property that is jointly owned by me and the wife. That is in May. They have made it clear that they will then proceed to force a sale or have proceeds of sale order. This leads me to where I am. I as of now am unemployed. My wife does not work; I have been told that I can claim income support. We have no savings and the property is in negative equity. I could see this coming and moved everything away two years ago. I have not bank account or anything like that. We are up to date on the mortgage and next doors went for £60K less than our mortgage only three weeks ago, so I assume it will be valued for the same. I know some may not agree, but I am where I am through no fault of my own, the business failed because the factors cut our facility overnight by 70%. I suspect that as there is no equity they know this as they had a financial statement off me only in January. I assume they will be content to sit and wait a few years for the equity to rise and then force my hand. I have now got to the point where I want to end all this malarkey from them and am looking at the best step. I need the advice on whether on the face of it a BR is the best option. They will pursue me forever for the money; I am due to go into hospital in May for a major operation that I have been told will prevent me from working for several months. I have just been assessed for DLA, both at higher rate. I am aware that I need to make the application before April for BR as the costs go up. Is Bankruptcy my best option (own a house in negative equity, but nothing else, the rest has been in the wife’s name for several years). Not working and due to my illness have no prospect for the next year or so. Finally, as they do not have the order, if I go bankrupt, are they able to continue with the application or does that stop dead once I let the court know? Our option would then be for the wife to buy my beneficial interest off the OR. Help and guidance would be appreciated.
  10. Hi, Apart from my other worries, my friendly mortgage company are not willing to play ball. I took at mortgage out with GMAC a few years ago and it was sold to mortgage express. Last year I had all sorts of problems including losing my job, being declared disabled etc. We got into severe arrears with the mortgage and mortgage express were reasonable. Then in August I managed to find a job which started in October. I got the usual dozen or so phone calls from them every week even though we had spoken to them with the stock answer of its an automated service. My wife had a bit of a breakdown and I told mortgage express not to phone us anymore. They refused and continued, so I changed our number. Anyway I spoke to their credit control department in October and gave them our income and expenditure and it worked out that I could pay an additional £400 per month off the arrears. The very unhelpful person on the end of the line refused our offer and said he would proceed to court. I made payment in line with my offer, which if kept would clear the arrears in 14 months. I then phoned them again after the cashed my cheque to confirm my offer and they said, it would be up to the courts as they wanted to go for re-possession. I have received a letter giving me 15 days to pay the arrears in that time or they will seek repossession and add £300 to the account. I will not call them anymore as it is no use. I will only correspond with them via letter. Can anyone help me with a reply? I was under the impression that if there was an offer from me they could not start proceeding. The last thing I want is to end up in court just before Christmas and get a judge who decides to give them possession. I have two kids at home under 18 if that makes a difference. I have made the payments that I offered. Help please?
  11. Just a quick note, to say I won!!!!!!! Went to court with the help of a really good solicitor in Coventry (Mel from Smith and Wells), who manged to defeat their claim as they did not prove sufficient "business efficacy" when collecting in the book debts. To the rest of you out there with the same problem, don't give up!
  12. Ok, a quick update and appeal for help. I had the stat demand set aside in March. Bibby then appointed a debt collector to collect the debt from the old customers. They did in a fashion. They collected just over £19,000 or rather accepted full and final settlement for that amount from the main debtor. I objected to this with the DCA and was told that they were under instructions from Bibby. I tried to contact Bermans on three occasions and the secretary said the solicitor concerned was busy. I tried to contact Bibby, but they said the matter was with Bermans. Bermans issued another stat demand for the balance on 5th May. Here's where it gets complicated. I had an accident and a back operation a while ago, which failed. My doctor has me on a mixture of drugs, one being Morphine twice a day. I have had very bad month or so and when on my tablets, find myself on planet zog. I have had two good days in the period between today and the 5th May. I tried during this period to contact Bermans pointing out that they had accepted a lesser amount that the sum demanded in full and final settlement, without my consent, if I am right, to my detriment. The solicitor was again too busy. Tonight, I had a smiling agent from Bibby announce to the street and the Sky engineer that was at my house, that he was presenting me with a bankruptcy date (6th Aug). I disputed the debt from the start and every letter stated that on the top. What do or can I do? Do I roll over and let it happen, losing the house (negative equity, mortgage arrears), plus a good chance of the wife and kids going over it. Or can I do something other than jacking it all in? I am on Income support and DLA receipt because of my condition. Any help from anyone would be great. Please.
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