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Everything posted by bigegg

  1. That's what happened. Friend extended her mortgage to pay the ccj She's planning to downsize this year, so paid it off rather than have the uncertainty of what enforcement action might be taken. Thanks for the help/information.
  2. My mistake. N245 was submitted - I was under the impression that any request for a change of payment schedule was a "redetermination" She had no realistic prospect of a defence. So enforcement can be immediately then. Oh dear.
  3. Quick question. Friend of mine got a CCJ in October - 15K, unregulated debt - payment "forthwith" She applied for a re-determination for time to pay. Because of her low income (but high equity in her property), the judge would not make an order to pay by affordable instalments, and refused the re-determination. I understand that there is a window of 28 days for immediate payment to be made before further enforcement action is taken. Is this from the date of the original judgement or from the date of the redetermination hearing? I want to believe its from the redetermination hearing, but am worried that it's from the original judgement (otherwise one could effectively delay enforcement for months, if not years, by reapplying for payment changes)
  4. Oh. Rented house - no problems with tenancy if insolvent. All debts are unsecured.
  5. Just had a phone call from a friend who I helped out with some debt issues a couple of years ago. She is on ESA, and does not work any more. Recently seperated from her husband, and recives a small amount of board from two teenage children who live with her (both on JSA after collapse of family business). She receievd a "Statutory Demand" from Royal Mail for a business account debt (about 9K) in september last year. She had no grounds to have it set aside, and Royal Mail would not accept a token payment, so she basically said "well, make me bankrupt then. I've no assets, no income, and shed-loads of other debts". She has received a "Creditor's Bankruptcy Petition" today, by personal service, saying she has the petition will be heard at the beginning of march. She does not intend to contest the petition, The debts which I helped her with a couple of years ago (which all have ignored CCA requests, but no PPI) total arond 30K (not including the Royal Mail one) Debts are nearly all related to setting up a business with her husband which was never very successful, and trying to keep it afloat - some of the other debts are joint, and husband has around the same amount of personal debt - he is on short-term sick whilst recovering from a bowel operation in November. Questions... Does she have to attend the court on this day? What information will she need to take? Will she need a solicitor to attend with her? Is there any other information which I should pass on to her? Thanks
  6. My apologies for not updating. I went into hospital, and completely forgot about the thread. Without too much detail, because all the paperwork is buried. B&B no longer have anything to do with B&B car insurance - they sold the name to BISL. That was confirmed by the PA to the chairman of B&B Building Society. I received a reply form BISL, confirming total owing was about £100, rather than the £460+ they reckoned I owed. "as a gesture of good will". That was without any further letters, or arguing. which reminds me, I haven't paid them yet.
  7. I haven't. for the simple reason that I didn't know the requirement. It's in the t&cs which were sent to me in reply to the cpr request (above). It's the first time I've seen them. However. I *did* send an email at the end of june asking them to cancel, and I do have another contract, signed September 2011, for "change of containers only". which should supercede the earlier one, so technically I have given three month's notice (from 6/12 to 9/12), perhaps a couple of weeks short. I will scan in the contracts and T&Cs sometime over the weekend, so you can have a proper look.
  8. The contract says I can only cancel at the end of a twelve month period, by giving three months notice.
  9. Can't manage to scan the invoice and t&c's - will take them to a friend's if it's desperately important. POC is as follows: First draft of my defence:
  10. Just been browsing through my closed accounts on Noddle, and had a look at my "welcome" account which I paid off when I sold my house in 2007. I have a row of "up to date" markers to February 2007 (when I paid them off in full), then the March marker is "Three month's Late" !!!:-x:-x:-x I can't believe how furious I am at them for that - I don't know whether they did it through spite, or incompetence, but either way, I'm ready to rip them a new cakehole. How can I make welcome take the biggest financial loss for this? (even if it's just a referral to FOS, so they can charge them the £800 referral fee or whatever it is).
  11. Back from court. Showed the judge the legislation and he said it would be valid, but because I claim working tax credit, it's not relevant, as he will be making an order to pay out of my earned income Managed to get my payments reduced to a fiver a week, tho (which I can manage). To be reviewed in three months.
  12. no worries. Had a reply to my CPR request. Silly sods have sent me the same contract (12 months fixed term) dated december 2010, with FOC and NO CHARGES written all over it. They sent me a copy of their T&Cs though which says "we reserve the right to charge an waste licence administration fee" (highlighted). And a copy of the invoice they're claiming for which states "lost material" Will scan them up later tonight for the audience's persusal
  13. it's actually 0.000219 x the amount per day or 21.9 x amount (in thousands of £) = interest per day (in pence) so 10,000 is (21.9 x 10) = 219p = £2.19 per day either way, it's NOT £1.50 a day for £200! £200 = 1/50 (or 0.02 x 10K) = 21.9x0.02 = 4p/day
  14. does the "distress for rent" rules have anything to do with PCN enforcement? Are you wanting to pay the PCN in full now? - just phone the automated line, or send a cheque. If you want to pay by installments, it's quite possible (I don't know) that the Council can refuse, and then you'll have to make arrangements with the bailiff. You may get better answers to the bailiff question in the bailiff forum
  15. and what was date that arrears had to be paid by? the rules on default notices give very specific time limts on when paymet has to be demanded by - it's either *at least* 7 or *at least* 14 days (I can never remember which). If they've demanded payment before this time limit has elapsed, the default notice isn't valid - and it's (7 or 14) days from *receipt* This is taken as two days after the date of the letter (in the absence of the postmark - I'm assuming you don't have the envelope still), which many default notices fall foul of.
  16. What is the date of the default notice as compared to the "remedy date"? (ie, when arrears had to be paid by?)
  17. statute barred is from the "limitations act" - basically the owner of a debt has six years to take you court from the last time you paid, or admitted the debt. If you can go 6 years without paying, or without admitting the debt (in writing) then they can't take you to court. There *are* some exceptions, such as if you changed your name and disappeared, but that's it in a nutshell.
  18. just realised - POC claims daily interest rate of £1.xx on £200 by my reckoning, £200 x 8% / 365 = 8p? per day? so POC is wrong. how do I use this to my best advantage? (as in get most money paid to me for their stupidity )
  19. Me. I included the £2 - Didn't want to give them any excuse not to send them. They *are* pretty fundamental to my defence - I have copies, just wondering what they'll come up with.
  20. Get as far as court, present the previous claim, and this claim, and ask the l/l which one was perjury.
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