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Hi, I bought a fiat car brand new in october 2007 and since then I purchased a house and got married but due to the type of work i am in the level of work I have been getting and the economic climate i have struggled to make ends meet on my basic wage. Back in the early part of 2009 a solicitor called me a few times to try and sort payments out but they kept phoning in work time and when i asked them to phone at a more convienient time they said they would but never did. Then there was no contact and also my marriage was falling apart and me and my wife started a divorce in october and she moved out november and I have taken on the mortgage etc. On the 22nd December 2009 I was served papers for the remaining balance of my car. Which is £7,525.56. I have already paid £5,026.24. It also states the agreement was terminated on 15th May 2008 which I never recieved a letter or anything regarding this. I have also never been asked to return the car or been threatened with recovery action. So at this stage I have been paying £50 per month for the arrears of £7,525 but want to get a cheaper more economical car. They have terminated the agreement the car is now only worth £3500 but when I went to trade in the car they said there was still finance on it but they have terminated the agreement so does that mean I have to keep this car because even if i sell it and pay the finance company I will have nothing. I thought if they terminated and didnt repo then I could sell it as there is no contract in place or can I ring them and tell them to collect? Any advise Mark

All I have done is send CCA Request and got a load of crap sent back to me. How do I go about getting it set aside etc Thanks

Well how can it be enforceable in the first place if they have no signed agreement. I havent paid a penny since 2003/2004 so how can after so long they just come along and say hello you owe this here is a charging order and make an unsecure credit card a secure debt then threaten me with more enforcement action. I was under the impression from other threads they needed a signed agreement. I was never asked at any stage to make installments only now on this current letter. At the end of the day I don't know what charges have been put on, what the original debt amount was etc etc etc. So i want to go back to court and argue this case as I feel I am being forced to pay a debt which is unenforceable. Like I said before I will not be paying a penny until these idiots can prove what I owe and in fact if i legally owe it. They must have proved to the court I had a legal debt and shown the judge a copy of the signed agreement. The only thing I am pursuing now is the removal of the charging order Mark

Hi, I will not be paying anything towards this debt as they have failed to provide any valid information in the CCA request I sent. No signed credit agreement. No breakdown of charges, cost etc. I only just about know that its a debt from 6 years ago from egg. All the idiots sent me are loads of copy letters from lowells and hamptons and some internal memos etc. I need to know where to go now as I am not being railroaded into paying something they are not legally entitled to. Mark

Hi, This has reared its ugly head yet again. They got a final charging order on my house but is still in negative equity anyway. In the meantime I got all documents from the Subject access request I sent. All they sent me where letters etc they had sent. No original credit agreement in fact nothing with regard to the original debt at all from egg they just say on a printed bit of paper I owe £2698-46. The charging order was final in around Jan 2009 and have left it as I am getting divorced, I am living in the house myself now and its a stuggle. Also the default date of the original debt is June 2004 so is now over 6 years just. This morning I recieved a letter from Hamptons Legal saying this:- Dear Sir, Lowell Portfolio I holds a charging order over your property. As you have not repaid the debt that is secured against the above property, we have now assessed your case and deemed it suitable for further enforcement. This could be an application to the court to have your employer make deductions from your salary, or we may remove the charge that we hold and instead issue a statutory demand with a view to petitioning for your bankruptcy which if successful may result in a trustee being appointed to manage all your finances and liquidate your assets including your home to repay your creditors. they are giving me three options to pay the debt. So what can I do I want to now get these idiots off my back they have no proof I owe the debt even I can rememeber how much the debt ended up being 6 years ago. I was going to send a CCA request for the original signed agreement. Any Advise Thanks Mark

It's Rossendales. Well on this visit I wasnt in and so couldnt make an offer of payment. I however had spoke to the bailiff before this visit when they made the list and posted it through my letterbox asking for a breakdown of charges. Just to be clear the patio heater fell over and was bent in the middle and the top has come off and has now rusted very badly and was waiting for a day when i can borrow work van to take to the tip. If they come back and try and take the items they listed where do i stand as the levy is invalid as the items have to be worth more than the fees plus some of the outstanding debt. Well I think they may get a fiver for the lot. I have 24 Hr CCTV on my house so will see what happens. mark

Well today I got the breakdown of charges from there office and is completely different from what the bailiff wrote and is defo the same debt as this is the only one i have and the reference numbers match etc. Still adds up to the £729-60 like previous. 21st Jan - Original Debt £476-10 8th Feb - Visit Fee 1 £24-50 10th Feb - Visit Fee 2 £18-00 10th May - Waiting £60-00 10th May - Attendance/Van £110-00 10th May - Levy Fee £41-00 Now there so called levy on my hose pipe etc was on 2nd June and have have this time stamped on my CCTV so 10th May is a complete lie. Please advise what to do next as I am going to make a fool out of these **** bags Mark

Hi, I am presently going through a divorce which is still ongoing and my wife moved out of the property into a flat last november. I am still living in the property and I received a letter from her solicitor on the 5th May stating she had been visited by rossendales and wanted £729-60 for outstanding council tax on the property I am still living in. They enclosed a copy of the final demand which had the amount scribbled on it. I told my exwife and the solicitors I would pay it off as I had some extra income from a large job come in in the next week or so. I rang the bailiff and explained I will pay and asked why they never came to the house in which the debt is owed as I still live there. He gave no answer. I explained he would have to wait until i recieved this money before I paid. He rang a week later and I said I had sent an email to his office asking for a breakdown of charges because I was no being ripped off and had a feeling that I was. He got very annoyed with me and said if they visit again it will be expensive. I said send me the list and then i will pay. They can to my house for the first time yesterday as when I got home I had a final notice plus walking possession order posted through the door. I looked at my CCTV footage and see him walking around the house taking notes. This is what is on the walking possession order:- Calor Gas Patio Heater (which is broken and rusty by the way) Compost Bin (Free from Council) Electric Pond Pump (which is live and working and isolator in garage) Clothes Line Garden Hose They have listed the charges as follows :- Council Tax Arrears £518-60 Second Visit Fee £41-00 Other (3 Visits) Van Team £170-00 Total £729-60 Firstly the van visits fees are illegal as they have never been before and never levied. I am aware the first visit fee should be £24-50 and second visit fee £18-00 and no other charges apply unless they have a signed walking possession agreement. Is the one posted through valid. I have send a text to the bailiff asking for dates of when the van has visited three times so I can get proof off my CCTV system and also he cant charge a visit fee and a van fee at same time. Threated to report him using form 4 as he is trying to defraud me out of money under the fraud act 2006. I have said I will pay the debt with just one visit fee and thats it. Any advise on what to do next would be greatful Regards Mark

Hi, Sorry to be a pain but I have to post my response form back for the application for attachment of earning on monday as my 8 days are nearly up and am getting desperate. Thanks Mark

I can't seem to remove my name from the thread listing and on your post Thanks

Hi, I am unsure if I have posted in the correct section but I am sure the moderators will move it. I am surprised at how quick this has all happened and from reading other posts i can see why. I bought a fiat car brand new in october 2007 and since then I purchased a house and got married but due to the type of work i am in the level of work I have been getting and the economic climate i have struggled to make ends meet on my basic wage. Back in the early part of 2009 a solicitor called me a few times to try and sort payments out but they kept phoning in work time and when i asked them to phone at a more convienient time they said they would but never did. Then there was no contact and also my marriage was falling apart and me and my wife started a divorce in october and she moved out november and I have taken on the mortgage etc. On the 22nd December 2009 I was served papers for the remaining balance of my car. Which is £7,525.56. I have already paid £5,026.24. It also states the agreement was terminated on 15th May 2008 which I never recieved a letter or anything regarding this. I have also never been asked to return the car or been threatened with recovery action. I would have volutarily surrended the car if I knew that i could do that as the car would have been worth £6500 ish 12 months ago. The have already got a judgement and was transfered to my local court a week ago and within a week of that I have now recieved an application for attachment of earnings form. I am at breaking point as it is and having to do odd jobs just to make life bearable. I am in no position to pay more than £50 a month to repay this debt. The original contractual payment were £140.53 per month so if i couldnt afford that how can they even think of me paying more. I need advise before filling in the attachment of earnings. Also my boss is not happy about this either. Regards Mark

Should I now be looking to get my own solicitor to help me sort this. Everyday I wonder what is going to happen. I am at the point of going to the doctor to get anti-depressants as I fear we are going to lose our first home and that will destroy our marriage and everything. I can pay them £50 a month but these asswipes will probably not accept it.

Posted SAR off today. Anything else I can be on with as time is running out I fear

bump