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  1. Hi there I'm not saying that they won't ATTEMPT to do it -- but the chances of it being granted are not high fo smallish (by Bankruptcy terms) amounts. In the first thread the amount of debt wasn't specified -- but if it were say 35,000 GBP then that's a different ball game to 5,000 GBP or so which comes under SMALL CLAIMS. In both the threads the DCA was acting improperly in any case so the Bankruptcy petition would have had no chance of succeeding. Some people are too frightened by the whole Court process. In my experience you are much more likely to get a better deal from a Court than with any DCA or real scumbags like Lowells etc. The trick of course is that you have to present your case CLEARLY -- and with the modern educational system being what it is I suspect that this discriminates SEVERELY against some of the younger generation. Never give income statement or any other information to a DCA. Save this for a Court hearing and even in Final Bnkruptcy stages you can make an arrangement WITH tTHE COURT -- not with the DCA. If the DCA don't like it -- Tough. Cheers jimbo
  2. Hi there of course IF Bankruptcy occurs -- but even here the receiver has to go through the debtors assets and its a LONG way off before a house is sold --for example there might be a Vehicle which could be sold or other assets. Selling a House and pushing someone out on to the Street is the LAST thing most Courts want to do if there is any other alternative -- and as I said for a relatively small sum like 5,000 GBP some sort of re-payment plan can usually be arranged. Bankruptcy is actually quite hard to get -- especially for these sorts of amounts which would in any case be handled by a Small Claims court. If the debtor REALLY CAN'T pay anything -- then Bankruptcy is the only option but I'd imagine most people owning a property could probably find around 2,000 GBP of sellable assets some where and the UK is going to look rediculously stupid if it's turning people out on to the Street for around 3,000 GBP. Cheers jimbo
  3. Hi there two points If it DID go to court for Bankruptcy then it's unlikely this would be granted for a relatively trivial amount of 5,000 GBP ( I say relative because to the individual debtor who is in hard times 5,000 GBP can seem as hard to get as Abromovitch's Billions) . Bankruptcy will only occur if the debtor is overwhelmingly in debt with no possible means of ever digging him / herseklf out of the hole and a brand new start is the only option. The Court is much more likely to suggest some type of possible repayment fees maybe as low as 10 GBP a month. Bankruptcy isn't granted as an automatic right. As far as the CO process is concerned the proposal to make these only valid for debts of 25,000 GBP or more whilst Coalition policy isn't actually law yet. Please also note INTEREST CANNOT BE CHARGED ON A CO that was granted for ANY DEBT that falls under the various CCA acts -- 99% of debt on this Forum is in this category. Note that for OTHER debt the amount is 5,000 GBP so if the debt falls OUTSIDE the CCA pay off the 150 GB or so to bring it within the 5,000 GBP limit. Statuatory 8% Interest is only allowed on a CCJ UP TO the date of the CO. Cheers jimbo
  4. Hi there I've had it to the eyeteeth with the whole STINKING ROTTEN DEBT COLLECTION business and I don't care what it costs but I'm going to take action myself. I have a number of properties rented out. Meanwhile I have had at least 3 letters from the Lewis group demanding that I either give the current address of a previous tenant of mine or I will be responsible for the outstanding debt. Apart from the fact both requests are TOTALLY ILLEGAL I've got a solicitor friend to reply to these batch of letters charging 50 GBP for each one. If LEWIS GROUP DON'T pay then I'm going to get a CCJ against them for 150 GBP. I hope they don't actually pay the 150 GBP since a CCJ against this putrid lot will cancel their debt collection license until the CCJ is satisfied -- and it won't look good for them either. It's about time that we should employ the same tactics aagainst DCA's as Banks / Solicitors etc. who CHARGE US for letters and the like. If we have to waste our time in answering stuff from DCA's that we don't have anything to do with THEY SHOULD PAY the price for our inconvenience. Cheers jimbo
  5. Hi there I'm not an expert at dealing with an SD - but it would appear that a DCA won't go the whole hog of making you Bankrupt as it would cost too much money. They are just trying to scare you into re-submission. Once you've dealt with the SD -- as I said I can't help you with that one although others will surely guide you through THAT process then the Charging Order issue can be handled. Before this happens they need to go to court at least 3 Times. 1) they need to get a CCJ. 2) They have to go back to court if you DON'T comply with the CCJ. They will get an Interim CO and they can't do it if the property is NOT soley registered in your own name or other factors such as elderly / disabled people living at the property or young kids. 3) They have to back to court again to get a final CO. In any case on around 5,000 GBP of originally UNSECURED DEBT I wouldn't worry as INTEREST STOPS STONE DEAD from the date of the CO. It's almost unheard of for a forced sale on the property for a debt of that size anyway. I'd just sit it out -- let them get the CO and then after another 6 months or so offer them a lowish 10% Full and Final settlement. You can easily say -- you are not moving forthe next 20 years or so (even if you want to move next week --but don't tell them that) and meanwhile the debt is rapidly losing value due to inflation etc. Contary to popular belief a CO doesn't stop you from selling a house -- all that happens is that the CO is paid to the creditor (Last in the queue after outstanding Mortgage / other proper secured loans) from the proceeds of sale. If there isn't enough then it's "Tough Ladies -- you know what !!". Also after you move thats the END OF IT -- you can't be hassled for that debt as its with the property and not you. Courts really don't like the AGGRESSIVE use of CO's on unsecured debt like credit cards etc. and these days it really isn't any point for a creditor going for this unless just to frighten you. Cheers jimbo
  6. Hi there Screw the Credit Agencies. The ONLY valid data is to get an SAR (10 GBP). This will show the exact date you last made any activity on the account. It's not unheard of for sleazebag DCA's and [email protected] certainly belongs to this category to write what they care to on a Credit reference file so the data could be totally inaccurate or meaningless.. The Court will only take the SAR as proper conclusive evidence of the date of last activity on the account. [email protected] can send a MILLION warnings and default notices but so long as you haven't either acknowleged the debt or paid them anything at all you should be in the clear. In this case if you can't remember being issued with a default then it's 10 GBP well spent for the SAR. Incidentally the date of Statute Barring is NOT from the default date but when you last made ANY activity over the account so do not acknowlege it in any way while going for the SAR and don't offer to pay anything either. In any case you can delay [email protected] by demanding a CCA as well -- this probably won't help you but it stops THEM from doing anything else until they've complied wit the request. As well as asking for the CCA you could send the "Prove it" type letter -- requesting their authority to collect the debt. Chances oare that their threatogram generating machine will send out enough rope for you to hang them with. Cheers jimbo
  7. Hi there If its not your debt just write to BCW telling them in no uncertain terms to Foxtrot Oscar and any further communication by them unless it's a letter confirming the account is now closed will be regarded as serious harrassement and full legal measures will be taken not only against the firm but the actual individual who authorized the sending out of the mail. In any case any debt collection agency HAS to provide you with their legal authority to collect the debt AFTER establishing that the debt is yours in the first place. Send them also with your reply an "administration charge" of 50 GBP for wasting your time which if they don't pay you will issue a CCJ for --then they can't do ANY MORE collections and of course the sols cannot practice law either.. Cheers jimbo
  8. Hi there If you don't have any money you can't pay --end of. Debtors Prisons ended around 1800 so whatever the actual Law says the Magistrate was obviously doing what was sensible. After all what is the point in a Prison sentence if you CAN'T pay. In any case Prisons are really meant to be used for CRIMINALS -- pursuing an unemployed person for unpaid Council Tax is just IDIOTIC and won't result in ANY BENEFIT TO ANYONE if you DO go to prison-- 1) The Council will have spent a lot of money and STILL don't get their back tax. 2) The Prison Service is overloaded and has to find a suitable place for you. 3) It costs MORE money per week to keep a person in Prison than to put them up at London's Hyde Park's Inn on the Park. 4) Chances are when you come out the Council would have to spend MORE money on re-housing you. A totally 100% NO WIN situation for the Council. Just be glad that the magistrate did the sensible thing and I doubt whether the Council would even THINK of appealing this. Cheers jimbo
  9. Hi there I think you've missed the point here I'm quite happy to explain to ANY COURT that I'M not trying to AVOID paying Council tax but about the ILLEGAL MEANS and ILLEGAL CHARGES that are being applied to the collection activity. Of course the council has the obligation to use whatever means it feels fit to pursue collection BUT THESE MUST BE WITHIN THE LAW and by employing a Firm that is well known over the entire country for BOUNDLESS times of applying illegal charges the council itself is breaking the law. It's not always possible to pay when you are working overseas and rarely have people visiting your property--- a load of "Outsourced" council dept use these wretched 0845 numbers --totally USELESS from outside the UK, won't deal with email and sometimes even the online payment service won't accept overseas payments. I have NO FEAR whatsoever in explaining this to a COURT. As I said I'm not trying to AVOID paying the tax but REFUSE to be stung with ILLEGAL CHARGES especially by ROSSENDALES who are well known on this Forum as being basically just bullies liars and cheats. Cheers jimbo
  10. Hi all Got an email from a colleague who checks my place every so often for mail etc while I am away working abroad. There was a note from Rossendales demanding around 600 GBP for Unpaid Council Tax -- No Invoice or breakdown just a badly computer generated form with an amount to pay. Now I've already TOLD the council I will NEVER EVER deal with these CHEATS, LIARS and EXTORTIONERS again ( I've had problems with this lot in the past with Unallowed Fees added to bills) so they have it on record that 1) I am away, 2) I will NEVER EVER pay ROSSENDALES a single cent and 3) the law explicitly states WHAT CHARGES BAILIFF's can add for council tax -- they've added nearly 100 GBP to the outstanding bill. The law also says I don't have to deal with Bailiff's AT ALL if they can't get in to the property legally. So can I tell the Council that I'm not even going to pay the 1st and 2nd visit charges as they KNOW there is nobody at home so a Bailiff visit is in any case a waste of time. The video recorder at my place didn't record ANY bailiff visiting -- the mail apparently arrived by "Standard Royal Mail" so what "Charges" are ROSSENDALES looking at. I'm also going to see if I can get SOMEONE prosecuted here -- the person who authorized Rossendales in the first place is a good start and perhaps the bailiff himself for a) not providing a proper invoice and b) for attempting to collect unauthorized charges. I'm not trying to get out ofd paying Council Tax but I REFUSE TO PAY ROSSENDALES ANYTHING in any shape or form even the "two visits" when the Council KNOW there is nodody at home currently. I'll even go to court on this one --it's about time ROSSENDALES was stopped in its tracks AND the council officials who authorize the use of this firm were also brought to book. Cheers jimbo
  11. Hi there BCW are a pain in the But. Just tell them (by letter) to Foxtrot Oscar and not bother you again as you will IGNORE any further communications -- you don't have to give a reason either. They don't OWN the debt so they have even LESS powers than your Grandmothers's Cat in debt collection. The next step will be the "Debt" will be sold on to "Snotty Call" (Scot Call) who can easily be seen off -- they threaten Doorstep collectiobns etc but if you DEMAND the name of the person who mailed the letter threatening Doorstep collections you can threaten with all sorts of sanctions such as Extortion etc etc. Don't be put off by a bog standard reply "This is a Computer generated letter" -- somebody must have composed it and somebody else must have authorized the sending out of mail. Snotty Call are usually involved in Mobile Phone contract type of disputes. --After a while it will go away - Orange haven't the time or inclination to go chasing for what are normally very small debts (although I understand when evey penny counts then no debt is "trivial"). If in the really unlikely event it goes to Court YOU are in control -- the Court might if it seems fit to make you pay anything at all will probably allow a token payment f 1 GBP a month and thats end of. No more Hassle etc. Usually companies like BCW and Snotty call haven't actually bought the debt so you can quite easily tell them to go and make "The proverbial sexual move with a duck". Cheers jimbo
  12. Hi there This has been raised before but I couldn't get any really satisfactory answers. If a debt subject to a CCJ / CO is sold on what is the legal position -- the Court says XXXX owes money to YYYY and not ZZZZ. So if ZZZZ demands money surely until they get a Court amendment they are DEMANDING money without authority and presumably could even be guilty of EXTORTION - a CRIMINAL act. As they also have no power (IMO) to collect the debt can they demand any interest that the original CCJ might have allowed from the date they took the debt over or the date of transfer of the CCJ if they get the Court judgement altered. Also can the change of Court judgement be challenged if the DCA is mad enough to attempt it. I'd be prepared to tell them to Foxtrot Oscar and see if they threaten any sort of Court action --if they do they won't have a leg to stand on since the existing (and current) judgement says pay YYYY and not ZZZZ. There seems to be a load of these types of debts changing hands at the moment -- largely because of the doldrums in the property market people with CO's are just sitting there for YEARS so the DCA's / OC's aren't getting what they thought would be an easy way of recovering their money quickly. Some decent clarification on the law would be greatly appreciated here. Thanks jimbo
  13. Hi there the whole point of this is that YOU AREN'T GOING TO COLLECT IT. You've bought it for peanuts and alll you need to do now is tell the court that you own debt YYYY which has been satisfied. Cheers jimbo
  14. Hi there For them to get a charging order they have FIRST to get a CCJ which you then don't pay --then they have to go to court again TWICE - once for an interim and then for the final CO. At this stage any interest STOPS STONE DEAD and you can just sit there FOR YEARS until you decide to move / sell your house -- and they are LOWEST on the creditor pile when the house is finally sold. It's so rare that a house is FORCEABLY SOLD because of a charging order especially for things like Credit Card debt unless the amounts are VERY large like 35,000 GBP or more and even then its rare. DCA's shoot themselves in the foot with these since you can sit there for YEARS on a diminishing debt (inflation etc) with NO interest -- so you could actually let them go through this B/S and then after some months / years offer them a small Full and Final settlement which they might accept. If Interest IS added to the CO after judgement day then you can challenge it. Otherwise you could let them go for a CCJ and explain to the court you have zero money over --the Court will probably make an order for you to pay a nominal 1 GBP a month -- maybe nothing if you are on benefits. DO NOT explain financial circumstances to a DCA EVER nor make direct debits. Only a Court has the right to ask for an Income and Expenditure (I&E) statement. These DCA's are just trying to scare you into more money than you need pay up. Note if a CO IS obtained they CAN add the Court fees but NO MORE INTEREST after the date of the order. Note Bank Overdrafts are covered by the Various CCA legislation so that the stopping of interest on a CO still applies -- a Bank overdraft is Consumer credit. You could probably contest if there are excessive fees or PPI on it but you won't get this debt quashed by demanding a CCA as this doesn't apply to Bank overdrafts. You can get excact amounts charged etc by demanding a SAR from the Bank (note not the DCA but the Original Creditor). You need to send a 10GBP postal order. As loads of people testify going to COURT is quite OK and you will usually get a FAR FAR better deal from a Court than any ****** DCA. It's not like being in the Dock at The Old Bailey. Hearings are usually quite informal and judges are usually very sympathetic if you have a decent case to present. Cheers jimbo
  15. Hi there I think you only need a consumer credit license to actually Lend money to people. Buying a "Debt" is presumably like buying any other commodity. For example you can deal in Shares that you don't actually own by buying OPTIONS - you don't actually own the shares but you are selling / buying the rights to buy / sell these shares at a specific price -- like derivatives / hedge fund trading.. You won't have the authority to Collect the debt but presumably all the court needs to know is that XXX owns the debt and it has been satisfied. You don't need a Sole traders license (480 GBP). A 50 GBP Ltd Company would do just fine.. However the hurdle might be that debts are sold in "job lots" -- so it might be difficult to buy a single debt - howeve I'm sure there must be some ways around this. Cheers jimbo
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