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About dinozzo

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  1. I don't have any CCJ numbers. Reading that post back that might be the debt because no other charges have ever been put on the property.
  2. No that one is paid off now.
  3. I have very little memory of the original ccj and subsequent charging order but I think it was for an unsecured loan. My plan was to approach the company sending annual statements and ask what it is for etc. It was my understanding interest couldn't be added but this company, not the original loan company, add it annually. Really need to know how to approach them. Should I do a land registry check?
  4. Hello all, long time lurker and beneficiary of good advice. I am almost on top of all debts and no longer live in fear of the postie delivering something scary. However, I have one long standing charging order. I have never paid anything in 11 years but I want to get totally straight. I get a letter annually from a company called Richard Cort with a statement but never a demand for payment. It is quite large, much larger than any debt I accrued, and I am concerned they are adding interest and may one day try and demand it. What steps can I take to do something about this? thanks in advance
  5. Had a letter demanding I go to the court to pick up a different important letter, with threat of prison if I don't. I'm aware of the debt and I know the letter they want me to collect is a form to establish my employment and to offer payment. I'm just back in work after some time unemployed so I knew I'd have to at some point. However, I'm really unhappy at the threat of prison. Also this is for the recovery of over paid wages I received from a local council I used to work for. I never claimed this money it was their mistake and being salaried I was under the impression I'd receive a full month's salary anyway. As such with my mental health being much better these days I am now wondering if I could have the judgement set aside and even counter claim for monies previously taken from my wages. I found this- "For example, in County Council of Avon v Howlett 1983 the Court of Appeal held that an overpayment of sick pay of £1,000 was not recoverable because the worker was not to blame for the mistake and he had altered his position in good faith before the Council had claimed repayment. "Although this decision was before the judgement in Kleinwort, I think it is still possible to make out a defence depending on a particular individual's circumstances. For example, where an employee has spent the overpayment, held a genuine belief it to be theirs and it would be inequitable for the employer to reclaim the money. This is the principle of estoppel. In these circumstances it may be possible for an employee to make out a defence or alternatively lodge a counter claim against the employer in the County Court." Any opinions?
  6. an update Rossendales tried to insist I talk to their bailiff to which I said no. I copied all my emails to my MP and the council's chief exec. I paid my installment direct to the council via the web and explained via email to council and rossendales that rossers maybe entitled to 42.50 but as ct is priority they would have to wait. Since then I have a letter from rossers saying the account is hold. I'll keep paying direct to the council.
  7. Well I chose to go out today rather than hide indoors and when I came home I checked my emails. The chief exec of the council has forwarded my concerns etc to the head of citizen support who will look into it asap apparently. Anyway it looks like the black van thug didn't try to visit again today.
  8. Thanks BN i sent the email below to rossendales and the council. So far no reply. I also sent one to the council's chief exec. I'll be sending a letter to the council today further explaining the situation and hoping that on fri when I make a payment they will formally call off rossendales. EMAIL----Ok having sought clarification and assistance I will firstly point out that there is no law or requirement for me to talk to the bailiff and your attempting to force me to do so is bad for my mental health and is clearly a way of protecting your own interests to prevent the debt being recalled by the council. I will be paid on friday and I will be making the first payment of the agreement, a £100, to the council directly via their website. If your bailiff attends my property I will make a formal complaint because regardless of your interpretation of the law I am currently signed off sick with depression and I have the mental illness bipolar syndrome which classes me as vulnerable. If your bailiff makes any attempt to enter my property I will call the police. He will not be allowed to enter my property. Any attempt to forcibly make a levy against any goods at my property will result in a further complaint.
  9. Thanks for that. I'd asumed this to be the case. Is it worth texting the actual thug in a van reminding him I'm in the vulnerable category?
  10. A black van pulled up and i knew exactly who it was so I turned tv off and didn't answer the door. After the rossendale bailiff had gone i picked up a note at the door saying final notice magistrates liability order/distress warrant dated 7/7/2011 for council tax. Now I know I've been stupid I made an arrangement at the end of jan and never made a payment. I suffer with bipolar and in jan phoned the council explaining this and at that time they called the dogs off. However, like many bipolar sufferers I had a wobble and forgot to pay; I'm signed off ill with severe depression at the moment. I had intended to start paying on friday when I'm paid again. However, I got this treat this morning. I emailed rossendales and the council revenues explaining that I consider myself to be vulnerable but rossendales replied saying they knew that but take every case individually and were acting on behalf of council. What shall I do? help I can't take the stress it's really very bad for me Dinozzo
  11. I went down that route but if you check out that pdf it clearly says they are allowed to charge fees. If the warrant says fine + fees the warrant then includes fees. If the warrant of distress had only the court fine and charges then yes there is no way to be forced to pay the fees but as the warrant says + fees it legally allows them to act on that warrant for their fees. I really don't see a way round this ambiguity from the court.
  12. Thanks for the replies. So if the court tell me the fine is less than the £420 marston want I can phone marston and tell the bailiff she can collect the amount of the court fine only? I assume the warrant will be only for the amount of the fine? Are they likely to still push for their own costs? I'd rather not have anyone breaking in and then retrospectively trying to claim back the goods or monies.
  13. I can't find the HMCS letters. When I am down I struggle to cope with stuff like this and I hide it away. problem is I lose it. would the courts be bale to find it from my address? I
  14. Please help I have very little time to sort this. So I arrived home to find a letter pushed through from Marstons- Removal Notice. This is for an HMCS fine . £420 that I don't have. No chance of them accepting two payments on my next 2 pay days. And apparently they have booked me in for a visit to remove items on wednesday this week with a locksmith and the police. Can I do anything? I know being an HMCS fine they have greater powers to enter but there seems to be some ambiguity in terms of there needing to be reasonable belief that I am in the house and if reasonably required, I'd like to think that an offer of payment over 2 months means I am not refusing and as such there is no need to break into my home. I know I have allowed the situation to escalate to this point but I have Bipolar and am in something of a depressive cycle. I simply cannot cope with the post and I have no doubt the HMCS letters will be hidden somewhere. Any ideas or advice gratefully accepted I
  15. Hi, my wife acted on my behalf and an arrangement was made and accepted. Because of my illness we're looking into setting aside CCJs from past. Think this is possible? Ian
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