If you lodge a defence then the case is transferred to your nearest County Court. Judgments awarded at the Northampton CCBC are only those where no defence has been submitted, or where the defendant admits all or part of the debt and judgment is made for the admitted amount.

Sorry, I wasn't meaning to criticise, merely to point out the hazards. I see you're pretty well covered on this so good luck. I would just point out (although I doubt I need to) that people will be gunning for you in a big way. You have to be seen to be sqeakier than squeaky clean.

I believe you canly be required to pay a certain maximum percentage of your wages/salary as an attachment of earnings. This could be one or several orders. If they are taking more then you should apply to the court which granted them to have the situation eased for you.

You have another thread on the go where I've also made a comment. You say you are 'giving advice'. If you are not qualified or licensed to do so then that is unlawful. The goons had a good point but, not to put too fine a point on it, they have no legal rights to stop you. Only the poilice can do that. What will clear you is not 'giving advice' but helping people to get advice elsewhere [lawyer, CAB, National Debtline etc., etc.]. Which part of the country are you in? I'd like to see any media coverage that might happen On the other hand I fully understand if you wish to remain anonymous.

Jimbo, You had better be careful with your surgery. You need a license to dispense legal advice. You need to be registered to deal with credit issues although it depends exactly on what you do. You need to be licensed to give financial advice. Unless you have the appropriate licenses then you might be buying a heap of bother. Imagine if you gave someone advice which turned out to be wrong or inadequate. You could personally be sued off the face of the earth. However, I have every sympathy and support for what you appear to be doing. I have actively considered doing the same myelf.

Whoever you are making the request of - in this case BC.

Chez, I have one of those letters. In essence if you have a judgment for a part of the debt then BC cannot claim for the balance (well he can I suppose but his chances are nil if you defend). BC is threatening to obtain a warrant of execution for the full amount at least he did in my letter). I have checked with the court where the judgment was awarded and flagged up that BC might apply for a warrant for an amount much greater than the judgment amount. They stated that it was a part of their procedures to check the application against the judgment for precisely this point. Perhaps you could flag this with the court where your judgment was awarded - do it in writing so that it goes on the case file and will be read by the court if BC's application is ever actually received. As to BC's threats of bailiffs etc. this is just BC's bluster in trying to bully you. You can either ignore it (he doesn't like that very much) or report him the the Solicitors Regulatory Authority (which he couldn't give a damn about because they never seem to actually do anything although Tesco probably applies).

Interesting. I was always under the impression that trespass was a civil offence. The police can arrest you for being on private property with intent to commit a crime or in the act of committing a crime. But not simply for being on private property. Perhaps we need a legal eagle here.

If the house is negative equity (at the moment anyway) then they are probably applying for a charging order so that when prices improve at some indeterminate point they can then force a sale. If they forced a sale while you were in negative equity then they would get nothing - except a bill from their lawyers.

Sorry to hear about your plight. Rest assured you are not alone in having difficulties. You have made some good judgments - National Debtline can be a great help. As far as the claim in the County Court goes you should have attended with all your documents so that the judge could see what you could afford. This is why you now have to for a redetermination hearing. (Hindsight is a wonderful thing...). One question for starters : is there any equity in your house once the mortgage is repaid? In other words are you in negative equity?

A word of warning : if you make yourself homeless deliberately then the council has no duty to re-house you. If you want to go the homeless route then you have to wait until your house is repossessed and you are evicted.

If this was secured on your house then it won't have been included in your bankruptcy. Secured debts are not included in bankruptcies.

It appears that 192.com is part of the Callcredit group. No wonder they make a feature of their credit reference function. It seems there are more worms in this can than we thought.

There is another aspect to this which I doubt anyone else has considered. Normally your CCJs die after six years. If the creditor only claims for part, but then claims for another part when the six years is nearly up, then your credit record is trashed for 12 years, not six. Naturally Mr Carter would never have thought of this. No, never at all...

This wasn't a ceremony it was a staff party.

Yes, you must take this to your local Magistrates Court.

A claimant can claim for any amount at all - including any amount less than the total debt. There could be good and valid reasons for this. It is not until a second claim has been lodged that it is apparent that the claim has been divided. A single/first claim for less than the total is therefore not in itself proof that the claim has been divided, and any challenge on that basis is unlikely to succeed. If you can convince a judge otherwise then you can choose to present your case on that basis. But I wouldn't.

I think this needs clarifying. My wife's lease (originally for 25 years) has had several lessees over the years since it was first taken out. Are you saying that the previous lessee could be liable for my wife's rent if she defaulted? I find this a bit odd.

I see your point. I'm very surprised that your solicitor han't picked up on this. You need to talk to him urgently. From what you have said here you shouldn't even be contemplating selling your house until the issue of the Inhibition Order has been resolved.

I would try a different tack. I would, very politely, write to Mr Carter explaining the circumstances and inviting to have the claim set aside (at his expense). He will refuse and deny vehemently that he knew your address at the time the claim was lodged. But give him the opportunity.

What CCJ? There is now no official record of it. If you apply to have it set aside your application will not be accepted because there is no record of it any more. As for the charging (inhibition?) order I would double-check with your solicitor and also check with the Land Registry. What does the inhibition order say? From the words you use it sounds as though you are in Scotland - true?

Sorry to hear about your misfortunes. A lot of people here have similar experiences. As to AIC : you are correct in that they are a firm of debt collectors. You have managed to pick a real doozy here though as AIC are renowned for their agression, hostility, rudeness and, not to put too fine a point on it, lies. Do not ever speak to them on the phone. Do not call them. If they call you then, very politely, refuse to answer any 'security' questions and put the phone down. It is probable they will ring back and accuse you of breaking the law by hanging up on them. This is of course a lie, but it illustrates how they work. Do not ever become embroiled in a conversation with them - you will lose (unless you have had the length of experience some us here have had). Nasty people. Here quoth the voice of experience.

Howard Cohen is being slightly disingenuous here. If they are claiming to a have had a CCJ awarded in their favour against I would have thought thye would be eager to give you the details. Before going any further I would write to them formally requesting proof of the CCJ. A mere assertion isn't good enough. Alternatively you could contact the Northampton County Couty Bulk Centre (CCBC) and ask there, although without a case number you won't get very far.

It appears the CCJ is now more than six years old. This means it has disappeared off any official records. Effectively you don't have it any more. If you try to have it set aside no-one will know about it. As far as paying the 6K from the proceeds of your house sale your solicitor will have looked for what are called charging orders. If he hasn't found one then there almost certainly isn't one (unless he is incompetent). You can check this yourself on the land registry web site. It costs a small fee (£3 when I did it a couple of years ago but it's probably gone up a bit by now). www.landregistry.gov.uk

But you should have told them to make a phone call - don't know the number but they could pay for the call with 'Pennies from Heaven'.