Jump to content

Iannun

Registered Users

Change your profile picture
  • Posts

    36
  • Joined

  • Last visited

Everything posted by Iannun

  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.
  13. Bermans have withdrawn their application, they have asked that the hearing is vacated (what ever that means) and no costs are awarded. The court have advised me that the hearing will still go ahead. Should I attend?
  14. I sent the paperwork off to the court and had a letter telling me that if a judge considers the defense sufficient he will either set it aside or give a hearing date. Still waiting for that.
  15. Reading through information. Is it approprate to apply for a time order, if so, which form would I use? Would I be right in thinking that it is either N1 or N244
  16. Hi all, Apart from my other worries and woes, I have now got into a scrape with Duncton. I have a car on finance for £25,450.00 and have paid £14,168.25 off that. I know this is more than a third, but Duncton have sent a termination note through after I missed one payment. They sent a default first and now have told me that they have passed it to an agent who will come and collect the vehicle. My problems are temporary and I will be able to resume work and payments in January once I have recovered from my operation. I have asked Duncton to work with me and give me a payment break for three months. Once over I would pay them the monthly payment, plus the arrears within three months. They will not accept this, simply stating that they are not allowed to do it. Can anyone advise me on what do put in a letter. Letting them know that I feel I have been treated unfairly and if they reposses the vehicle without my consent I will seek my money back. Thanks in advance.
  17. Again, thanks for your help. Went to the court and filed the following The Statutory demand is defective because it does not show the appropriate County Court to which an application to set aside should be made. 2. The demand is made up of a considerable sum in cancellation charges which are disputed wholly. BFYL is negotiating with debtors to settle the outstanding balance fully and the issuing of a statutory demand is an abuse of process. 3. The Creditor calculates the sum owed including termination charges referring to clause 7.5, 15.3 and 15.4 of the Standard Conditions to the Factoring Agreement. This clause refers to a repudiation of the agreement by the company. No such repudiation or termination from the company’s side has occurred, therefore cancellation charges are not enforceable. 4. The Creditor is in breach of their written offer insofar as to pursuing other debtors first. The Creditor has given a written undertaking and is in negotiation with a debtor(s) to settle the disputed sum in full. The Creditor is in breach of a Promissory estoppel, {Justice Denning; Central London Property Trust Ltd v. High Trees House Ltd [1947]} 5. The sum claimed in wrong as payments have been made on the account. The Creditor has so far refused to give a full itemised statement showing transactions which would give the applicant access to the sums that we have on good authority have been paid. The Applicant has been told by Bibby Factoring Yorkshire Limited that less than £42,000.00 was owed on the account as of 17th October 2008 and since then further payments have been made by the company’s debtors. 6. Guarantee is unenforceable on the grounds that the formation of it did not provide for any benefit to be conferred by Bibby Financial Services Limited on me and/or any third party in return for the guarantee promise I gave. Furthermore, the guarantee is to Bibby Factors Yorkshire Limited, not Bibby Financial Services Limited. Bibby Financial Services Limited are not entitled to receive payment for those services, against Bibby Factors Yorkshire Limited { Tweddle v Atkinson (1861) 1 B&S 393} The staff were very helpful, took the paperwork away and checked it. They popped back a few minutes later and said that it had been lodged and I would hear something in the next few days. She did say that the court was generally stamping on people who issue demands with the wrong details on, so in her experience the judges set them aside on those grounds firstly as the Creditors who are solicitors should know better. I will keep posting on event's as they happen.
  18. Again thank you for your assistance. I need to travel to Coventry today to file this, further information for the application would be helpful. 1. The Statutory demand is defective because it does not show the appropriate County Court to which an application to set aside should be made. (To be taken out - the court named on the demand does not deal with it, the nearest one that does is Coventry) 2. The demand is made up of a considerable sum in cancellation charges which are disputed wholly. The Creditor is negotiating with debtors to settle the outstanding balance fully and the issuing of a Statutory demand is an abuse of process (An extract of an email from Bermans to me. They are currently looking at an agreement for £44K) Unless you are in a position to negotiate a settlement of a higher sum by Wednesday 26 November 2008 then our client will look to negotiate a settlement directly with XYZ and their advisors) 3. A copy of the paragrapghs refered to in the stat demand 15.3 mentions insolvency and ceasing to trade. The company has ceased to trade only after Bibby pulled the funding. At the time the company was trading OK. So the cancellation charges I thought can only be levied if we breached either clause. As we had not, then the charges can be applied (I thought) 4. The Creditor is in breach of their written offer insofar as to pursuing other debtors first. The Creditor has given a written undertaking and is in negotiation with a debtor(s) to settle the disputed sum in full. The Creditor is in breach of a Promissory estoppel, {Justice Denning; Central London Property Trust Ltd v. High Trees House Ltd [1947]} 5. The sum claimed in wrong as payments have been made on the account. The Creditor has so far refused to give a full itemised statement showing transactions which would give the applicant access to the sums that has on good authority have been paid. The Applicant has been told by Bibby Factoring Yorkshire Limited that less than £42,000.00 was owed on the account as of 17th October 2008 and since then further payments have been made by the company’s debtors. 6. Guarantee is unenforceable on the grounds that the formation of it did not provide for any benefit to be conferred by Bibby Financial Services Limited on me and/or any third party in return for the guarantee promise I gave. Furthermore, the guarantee is to Bibby Factors Yorkshire Limited, not Bibby Financial Services Limited. Bibby Financial Services Limited are not entitled to receive payment for those services, against Bibby Factors Yorkshire Limited {Tweddle v Atkinson (1861) 1 B&S 393} Just a bit of help on 2,3 & 5 if anyone could please? Thanks
  19. Yes it is Bibby Factoring Yorkshire Limited And thank you once again.
  20. I have just typed the letter that they gave me in order to get me to sign up: Please find detail of points discussed yesterday. 6 month Guarantee: Assuming you are not in breach of the agreement, If, in the first 6 months of the period of the Agreement, you are dissatisfied with our services then you shall notify us in writing of the reasons for your dissatisfaction, and afford to us not less than 30 days in which to address your concerns. If after such period of 30 days you remain dissatisfied with our services then you may request immediate termination of the Agreement and we shall accept such request provided that:- you repurchase all Debts then Outstanding and pay in full to us the repurchase price equivalent to the total of notified amounts of those Debts; and you confirm to us in writing that after such repurchase we shall have discharged all our obligations to you under or in any way connected with the Agreement The payment of the repurchase price of each debt shall be treated by us as its Collection. Guarantee Clarification: In the event of business failure, our normal course of action to regain outstanding monies would begin with the collection of book debts as there should be sufficient head room in the facility to recover our exposure Should a worse case scenario arise and the company cease to trade, we normally assist with the management of Company demise through Administration for the benefit of all stakeholders which would include all Directors/staff/shareholders/creditors. This maximises the potential strategies for keeping the business going for the benefit of all stakeholders In over 50% of cases of company cessation we assist the directors to start a new company and in the unlikely event of a shortfall on the previous business we look to recover any shortfall on the old company from the future trading of the new company in line with cash flow projections. This tried and tested strategy delivers business continuity and prevents recovery under personal indemnity.[/font] However, we do reserve the right to commence indemnity action against individuals which I am sure you will understand. Would this be sufficent to lodge the (they should go after the debts first defence)? They cancelled the agreement on the 30th September, put me on notice on the 7th Oct and then issued this demand.
  21. I have reworked it. How does this sound? 1. The Statutory demand is defective because it does not show the appropriate County Court to which an application to set aside should be made. (the court named on the demand does not deal with it, the nearest one that does is Coventry) 2. The demand is made up of a considerable sum in cancellation charges which are disputed wholly. The Creditor is negotiating with debtors to settle the outstanding balance fully and the issuing of a Statutory demand is an abuse of process. (I have a letter that says if you sign up with us, the guarantee ending on you is so remote. We go for the debtor book first as there is more than enough head room, then we take assets, then we will assist you in setting up again, rescheduling the debts in the new company, if all these fail we may seek you to honour the guarantee.) 3. The Creditor calculates the sum owed including termination charges referring to clause 7.5 and 15.4 of the Standard Conditions to the Factoring Agreement. This clause refers to a repudiation of the agreement by the company. No such repudiation or termination from the company’s side has occurred, therefore cancellation charges for not enforceable. The amount detailed in the Creditors claim, which includes penalty charges, are unlawful at Common Law, Dunlop Pneumatic Company Ltd v New Garage and Motor Company Ltd [1915], under The Unfair Contract Terms Act 1977 and The Unfair Terms in Consumer Contracts Regulations 1999 4. The Creditor is in breach of their written offer insofar as to pursuing other debtors first. The Creditor has given a written undertaking and is in negotiation with a debtor(s) to settle the disputed sum in full. The Creditor is in breach of a Promissory estoppel, {Justice Denning; Central London Property Trust Ltd v. High Trees House Ltd [1947]} 5. The sum claimed in wrong as payments have been made on the account. 6. Guarantee is unenforceable on the grounds that the formation of it did not provide for any benefit to be conferred by Bibby Financial Services Limited on me and/or any third party in return for the guarantee promise I gave. Furthermore, the guarantee is to Bibby Factors Yorkshire Limited, not Bibby Financial Services Limited. Bibby Financial Services Limited are not entitled to receive payment for those services, against Bibby Factors Yorkshire Limited Tweddle v Atkinson (1861) 1 B&S 393} In a nut shell the situation is that there is around £150K owed to bibby by the former companys creditors. Bibby are owed circa £41K, they only have to collect in a third of the book to be paid. The Solicitor I saw said that they would go for me as I am a nice easy target. I am totally confused regarding this matter. I have been to see a solicitor, who said that there are grounds to have it set aside and even defend it at a hearing. My problem is that I do not even qualify for benefit and have not got the funds to pay a solicitor. The local CAB will see me on Friday, but I need to have the set aside application in by then. Please feel free to alter it into a form that will be more acceptable to the court. I thank you all for your help. I cannot thank you enough for the assistance.
  22. Again, thank you for your help. This is such a wonderful site. I was in total despair over this and the help I am getting is pulling me through.
×
×
  • Create New...