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Susij

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Everything posted by Susij

  1. I didn't realise Consumer credit councelling services had a service you could pay for! I rang them a few years ago, they just talked to me about my debts, gave me a CCCS reference number (that's important when talking to the creditors) and sent the pack. I found the pack helpful - especially the form letters (keep the originals and just copy those you want to use). I started to get my life back once I'd sent out all my letters and got 95% good responses to my 'offers'.
  2. you are welcome, I might have been nicer if I thought I wouldn't get flamed
  3. Thanks for your help! It doesn't 'automatically' go to High Court for enforcement, unless they feel they want it enforced, the claimant has to make that instruction and, in this instance, it wasn't really necessary, as I was paying regularly (around mid-month). I have now a proper sealed order that I need to fax to the HCEO (does anyone use fax anymore, where do I find one????) and I will post an original stamped copy as advised by the chap at the supreme court (he gave me two stamped copies, I will keep the other). The debt co said they will send me a letter to say the CCJ is paid in full, if I write to them (email fine) so I'll be dropping them an email this evening. Hopefully, they won't take too long to do that. So my only outstanding question is about fee liability, which I'm pretty sure I read is not down to me until they levy my goods..........I'll follow up on your info Heathliver, if I find I am liable. cheers, Vicky
  4. I'm no expert and new to this site,so I'm sure you will get actual advice from others. However, from personal experience and discussions with a friend who, until recently worked for one of the larger debt collection agencies, I would say the key is in the wording. Whilst I recommend you try to figure out some sort of payments (albeit nominal amount) with HSBC and maybe contact CCCS, you probably don't need to panic immediately in my opinion. My experience of the process (confirmed by my friend) is an agency sends the 'we may' do xyz (some with more threatening manner than others) and if you ignore them (I don't recommend, but it does happen) they give up and a few months later you get another letter from another debt collection agency saying pretty much the same thing. As I already said, it's better to take control of your finances, but from experience and what our friend said, the debt tends to get passed around for some time. Without a court order, they can't do anything. BUT, you don't want it to go to court, because CCJs are not very good for your credit record and neither are the default or late payment indicators. What I'm trying to say is (unless there have been very recent changes to the law) you can sleep ok tonight. But it is worth figuring out some repayment plan with HSBC because then it's harder for them to take you to court, generally. I made 'nil' offers to many of my creditors using the form letters in the CCCS pack, with a promise to update them if my circumstances changed and you will be surprised how many accepted that they were not a priority debt, so it doesn't need to be a huge amount necessarily. A word of advice on HSBC - from personal experience they weren't interested in working anything out with me and it finally did go to court (I was less experienced then, I could have stopped all that if I'd had the CCCS pack prior to that). The also have a lean on my property, so if I sell, they will get their money back before the cash is released to me, so do try to stop it going to court.
  5. Sorry, whilst in my experience (fairly limited) and even based on heresay from my friends, I feel the majority of bailiffs are very very mean and nasty people, I have met two (which represents 2/5 of my experience, or half if you don't count the HCEO) who were very helpful, reasonable and one was even 'kind' So, they are not ALL bad. One example (which I have briefly posted elsewhere on here) was a bailiff who handed me a tissue and gently told me which forms to fill out to stop the bailiff visits when I burst into tears (apart from the stress of debt, my mum had just been taken ill and I was trying to borrow money to fly out to see her as she retired abroad, particularly difficult when not working, etc, etc). The bailiff even gave me a head start to the court, so I could do the forms right away. When my mum died a few weeks later (and I had my stay of execution and set aside) I received a sympathy card from the bailiff. That is definitely not someone who wants to bully and terrorise people, so Kermit is not alone, just in a very small minority
  6. HCEO sorry for the confusion, I mentioned High Court in my original post, but it's buried in war and peace. It went from CCJ straight to High Court, without passing 'Go' (and without telling me until their letter arrived on 14th July)
  7. Update - I called the Supreme Court central office and got through to another very helpful person who said that the HCEO is being 'very picky' because basically we didn't actually get the order, just did as the Master said and sent them a copy of the fully stamped and approved application. So, more time off work and another expensive trip to london tomorrow to get the right paperwork and fax it to them from the court (and post special delivery copy, etc). Hopefully then they will cancel the van. I would still appreciate some advice on the fee liability though, please. Thanks very much Susi
  8. hmmmm, not sure they are the best example of treating people right, but that's a whole different story, or am I so stressed I'm missing the irony here? :o
  9. I know this looks a bit sad to be the first to reply to my own post, but another question has come up while I've been surfing the fora........ WWOW, you posted elsewhere on here some advice......... "The debt must be more than £600 to be transferred up and enforced by an HCEO. If you can satisfy that your case could have been handled in the original court, then you can contend the claim is vexatious and you can ask for the fees back on the basis the transfer up was solely to obtain higher enforcement fees than they would otherwise have made" Do you think this would be relevant for me, or is it too late now that I have the stay. I feel morally that they didn't need to escalate to high court, in fact, that was part of my statement in the request for a stay "I believe the creditor has reacted with unreasonable and unnecessary haste to escalate this to High Court Enforrcement, having made no attempt to contact me by telephone, email or letter to amend or formalise the agreement" the 'agreement' being the £200pm I said a year ago that I would pay once we'd agreed the amount. Thanks Susij
  10. Good luck NurseCaz. I also had met a bailiff like the one you describe, who turned up at 6.30 am for a parking fine. On the flip side, I met one who told me which forms to fill out when I burst into tears (just heard my mum was ill) and sent me a sympathy card when she died, so they are not all heartless (apart from those I'm currently dealing with from High Court) You mention you have other financial problems, I contacted CCCS, they are a charity, free advice and after 2 1/2 years I've halved my debts, following their methodology. They really helped me regain control of my finances by giving me the tools to deal with everyone and the formula too, so if you haven't contacted them, please do, they are great and once you start quoting your CCCS reference number, creditors are a lot nicer to you. My life has certainly been less stressful in that time and I'm not scared of the post any more, even if I can't pay all the bills! (I can't post their link as I'm new here) I wish you and your family luck.
  11. Hi, thanks in advance for any advice, I will try to keep this short....... CCJ order for a little over £5,000 end of March 08, as I disputed part of the amount owed This dispute had been dragging over the past 2 years and I have been paying £100 per month for the last year and now increased to £200 pm, as I'd said I would once the final amount was 'agreed' Mid-July I received a letter from Marston Group. The letter said they had visited (they had not, I was home sick) and they had added over £1200 to the amount (no explanation/breakdown) lots of to-ing and fro-ing with debt agency, claimant and solicitor. Debt co agreed £200 per month and advised solicitor of this. Spoke to High Court (lady was really helpful) and applied for a Stay of execution, based on the fact I was paying them what they agreed to anyway (someone else went to London to get it done that day) and called Marston to advise I have it. I sent Marston and the claimant each a copy of the stay, which Marston's received on 21st July (I called, they confirmed and I have recorded delivery confirmation). 21st, I also received a loan from a friend for the balance of the CCJ (I know, I am very very lucky, after several years of not being so lucky) and spoke to debt co who agreed that as there is a stay that it was probably ok to pay debt co as previously, rather than the bailiff. She was going to speak to solicitor and confirm, but didn't come back to me 22nd Paid the outstanding balance of CCJ into debt co account (electronic, so cleared by Friday) and emailed claimant, debt co and solicitors to confirm that it had been paid (debt co verbally confirmed they received it as did solicitors, but nothing by email yet) I have received several letters from Marston, since then and today they insisted they will visit next week and remove goods and they also insist they are 'in possession' (although never visited, never levied and no way did I unlock my doors or windows until I had my stay of execution). They also said there is no seal on the stay (he actually said that I was advised of this last week, but I was not, in fact I wrote down what the chap said, which was "you no longer need to worry if a knock at the door"). He basically said that it was not a genuine court document. Sorry for the long post (I said I'd try, not succeed in keeping in short!) My questions are: Who is liable for the bailiff fees? My understanding from CAB is that I can only be charged for those if the have successfully placed a levy on my goods, is that correct? If liable for costs, am I entitled to a breakdown of costs - they have sent a VAST number of letters in the last week, which I'm sure is to get the costs up, as they see this one sliding away as a long term debt. What can I do about this? I checked with the claimant today, the court stamps are clear on their copy of the stay, but I do see a small embossed 'seal' mark on my original copy - should I have sent the original to Marston Group (I'm loathe to do that, given the distortions of the facts I have already witnessed. I would very much appreciate any advice you can give me. I have spent the whole day with a racing heart, dry mouth and that sick feeling in my stomach again, I know I won't sleep. Thanks
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