Hi

When we entered into the IVA last November practitioner advised against including it in the IVA as the arrears amounted to about one payment.

It was only when our car needed two new tires and a wheel bearing replaced to get it through the MOT, I canceled the DD so I could keep the car on the road for work.

Not the best plan I know but when you're faced with a bill for 475.00 you have to pay immediately the money has to come from somewhere!

Thanks

Squidward

Thanks

Will call the baliffs and make a written formal complaint to the council on Monday!

The second Bailiff I unfortunately let in isn't on the Register of Bailiffs so does this mean she was working out of the scope of her abilities / job role ?

Cheers

Squidward

It would SEEM that this bailiff has "levied" upon your household items whilst in your home. If so, did you sign a Walking Possession"?

 

What paperwork was left and if any, did the form state the fees charged and details of monthly payments?

 

From what you have so far written, it is looking as if this question should take the form of a FORMAL COMPLAINT to the local authority.

 

Please contact the bailiff company asap (or better still, the council) to demand the charges made and details of what was levied upon.

I dont' dispute I owe the Ctax, but object to the extortionate charges.

On both occasions I signed a Walking Possession, the first account no paper work was left or sent by post.

The second account Paper work was left with me with the charges hand written on the Paper work.

Squidward

Looking forward to watching this hopefully it put these Ape's under the spotlight

Hi All

I hope you can help me

A couple of years ago I ran into debt problems with City of York Ctax all was

paid up to date 2009.

2010 paid the fist couple of payments and then due to income issues couldn't make payment and the account went into arrears. On the 6th June the Jacobs bailiff visited my home (first visit) to collect 663.33 + 50.00 costs and I let the chap in and made agreement to pay by installments lump sum of 338.00 paid and 65.00 till paid, no paperwork was left by the Bailiff so I was unsure which date this had to be paid by. I received a letter dated 19th to notify me I had not kept to my arrangement I made a phone call and paid 130.00 July and August payment, I knew I had to make a payment in Sept which I did on the 21st September on-line on the Jacobs site. I received a letter dated 19th Sept notification my arrangement had been canceled I thought nothing of it as September payment had been paid. At this point my balance was 218.83. On the 4th October I had a letter of removal of goods 24 hours through the door with a new balance of 328.83 + removal costs. I have paid this two days ago!

I am in a IVA so all these payments have to come from our living expenses budget Food etc. etc and cannot really afford this.

Anyway today Knock at the door and a new Jacobs bailiff collecting this years council tax. I let her in and she asked for payment if full which I said no chance as they had just cleared us out financially but made a small token payment. I had to make a new arrangement for 254.00 per month to clear the debt. She filled in the Arrangement form and Notice of seizure of goods and Inventory. I checked her name on the Certified bailiffs register and she is not listed in name or under Jacobs. Can she or Jacobs carryout there threats !??

My questions are :-

Can the claim of these charges in such a close period IE one set of bailiffs costs of 110.00 on Tuesday and another 65.00 + 12.00 + 24.50 on Friday ??

How can the Bailiff enter a house hold when the are not certified??

Can you reclaim costs ?

Sorry if this is long winded!

Any help and advice will be gratefully received

Squidward

Thank you all very much for the help and support you guys have given me over the past year, Cit B, GH2008, emandcole, DiddyDicky, Steven 4064 and Bazooka Boo.

Without your help and pointers I feel sure AG would have got Judgment and Charging order. it's now included in the IVA. so nothing they can do now.

Thanks again

Squidward

Update - IVA Accepted with nice manageable payment for 5 years, the IVA and defaults should drop of in 6 years then home free!

Hi All

Well there has been a change in tactics since my last post on our part!

Between my wife and I we have around 80K in debt with all except MBNA and Monument having enforceable agreements.

We have decided to go down the IVA route as this puts us in a better financial situation with more money to live on and should see the end of our debts in 5 years with a dividend to our creditors of around 0.24 pence in the pound and once approved "no creditor contact " Bliss - well hopefully!

I was advised by our IP ( insolvency Practitioner) to inform the court that she would be proposing an IVA - since then I have heard nothing from the court or MBNA AG in fact Lloyd's and Halifax are the only ones that have called!

Our creditors meeting is set for next week so I will update again then

Squidward:-)

Righto - SJ looks like the way to go, do I do this using a N244 and ask the DJ for Summary Judgement and costs awarded to me ?

Squidward

Hi Gh et al

So - if I applied for this to be struck out or set aside using an N244 could they come back at a later date and start the start agian ?

With SJ (Summary Judgement) that would stop them being able to take this back to court at a later date ... I think I am understanding this ..?

Squidward

UPDATE

Today I have received a note from the court with the judges comment

" If the Defendant wishes to enforce the order he must make whatever application he considers appropriate"

So I guess it time to make an order to get this struck out ...

Squidward

Hi Dotty

I'm pretty sure the CFS are part of Compucredit so I think my Debt is still in house - which is why I find it strange that they can Default the creditor and move the debt to a different part of the organisation and then mark it as satisfied !! it's like saying "thanks for paying up"

Are they allowed to assign the debt to themselves?

Hi well I haven't posted for a while so I thought I would update -

Circuit haven't received any money since august and have not been in contact either by Letter or phone - I have just checked my credit file and find the the debt has been marked " satisfied"

Is this it - l'm hoping so or is it the calm before the storm!

Squidward

Hi GH and Emandcole et al

Judge made a General Directions order (GRO) which is a revision of dates to 18th for AG to supply the doc's and 1st November for me to file my defence. AG did not comply with the order. I spoke to the court and asked the Helpdesk if AG had supplied the docs to the court - which they hadn't, I was told not to file a N244 but to send a letter explaining that I couldn't file my defence as AG had not complied with the judges order and referred back to my earlier request to have the claim SO as they hadn't supplied the docs. The docs have been requested on four separate occasions.

So I guess it's now a waiting game to see what the Judge orders!

Squidward

OK - Judge awarded extra time to AG to submit to me the Docs by the new date of 18/10 still nothing ....

Gh DD CitB do you think I should ask the court for a strike out or go for the embarrassed defence?

any other suggestions guys!

could yu type up the order word for word please - ta the wording of the Orders can reveal quite a bit.

 

Forget the unlawful repudiation - it doesn't really exist - you unlawfully repudiated by not paying them!!! they just accepted it by terminating the agreement.........

OK - I see your point although I have been paying a reduced amount to arrow all the time with a PayPlan DMP - just AG stuck a Claim in because they didn't think I was paying enough and probably want a charge on my home!!

I did stop paying them when I originally did the S78 request then when I got PP involved I have made reduced payment every month on the dot!!

Squidward

Saturdays post man delivered a General Directions Order from Northampton County Court

 

This States that

 

1."The Claimant do supply the Agreement, default notice and assignment to the defendant by 09/09/2010"

 

2. Time for the defence to be filed is extended to 23/09/2010.

 

Think I might need some help with my defence here please - I will post up a recap so far when I,ve finished work.

 

Squidward

Hi Gh and CitB

The date in my previous post should read 18th - my mistake!

OK word for word it states

Upon receipts of the claimants request for an extension of time to comply with the order dated 22nd August 2010.

It is ordered that :

1) Time for compliance with paragraph 1 of the order of the 22nd August 2010 be extended until 18th October 2010 and paragraph 2 until 1st November 2010.

Note: This order has been made without a hearing under the Courts case management powers contained in the Civil Procedure rules Part 3. You may within 7 days of service of this order, apply to the court to set aside or to vary the order under part 23 Rule 10. You must file with the court, and serve on the other parties, an application that sets out your reasons for objection. A fee is payable upon the filing of the application. When you objection is received the matter will be listed for hearing unless you ask the court to vary the order without hearing.

There you go!

Latest update

I havve received an General Directions order which states Arrow Global to supply the Docs mentioned in the POC by the 23 October and My defence to be filed by the 1st November..well if it's not on the door mat by the 23rd - my thoughts are to ask the DJ for the claim to be struck out.

However - if they do I will go down the Defective DN and unlawful repudiation of the agreement.

Thanks

Squidward

Hi All

Well still nothing from the Northampton Court - I have called the court today, the 23rd should have been the date to submit my defence!

Arrow Global have not sent any of the docs mentioned in the POC and the lady at the court tells me the case is still with the DJ.

So I am wondering why so long to grant AG extra time - wouldn't it be good if it gets struck out but I'm never that lucky!

Squidward

Been looking into the pro's and con's of an IVA, The companies that I have spoken to are PayPlan Grant Thornton and RE10 all with similar figures. currently owe just over 70k spead over nine creditors.

What I would like to Know is how the yearly reviews are conducted - is this via a telephone conversation of us telling the IP or their assistant details of earnings etc, or does it go into more depth - for example going through bank statements accounts etc etc.

The reason for this is I am employed as a company director and get paid in dividend payments ( bankruptcy is out of the question ) so when I get paid - it looks quite good until you realise how long the money has to last -then not so good I generally get paid four or five times a year!

My concern is if the IP increases my payment into the IVA and not allowing / leaving us enough money to live on we would the potentially failing the IVA.

Any advice on this

Thanks

OK post man has been and Arrow haven't replied to the order to produce the doc's mentioned in the POC.

However - I have received in todays post a note from the court saying " the file has been referred to the DJ for directions".

A phone call to the court reveals that AG have said they didn't receive the original order and have asked for extra time !!? The lady at the court has also said if I have heard nothing call back on the 20th !

Should I file an New N244 stating they have had ample time and have ignored the requests made under CPR rules and the order from the court or wait ?

Cheers Squidward

Hi Gh & Cit B

I must admit every time I hear a noise I am off to the front door - just to see if it's the posty

Squidy

Saturdays post man delivered a General Directions Order from Northampton County Court

This States that

1."The Claimant do supply the Agreement, default notice and assignment to the defendant by 09/09/2010"

2. Time for the defence to be filed is extended to 23/09/2010.

Think I might need some help with my defence here please - I will post up a recap so far when I,ve finished work.

Squidward

Hi All

A week has passed since sending the N244 form to Northampton CC, there has been no correspondence from Arrow, MBNA or the Court !

Any idea how long it takes the court to agree make an order for the Docs requested in my CPR and a extension to file my defence - any idea on timescale ?

Squidward

Just a thought should I say something like

If these documents are not prosented to me then I request the claim be stayed or struck out

or should I save this for round 2