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impecunious last won the day on August 24 2014

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  1. Thanks dx100uk Looks like I may have to come to an agreement to pay Jacobs' fees. Hope they like £1/month. As regards the threat to remove goods - thought they couldn't do that if the CT arrears were paid -- and that they couldn't enforce for their fees alone. Best wishes
  2. Please try and explain your story as fully as possible but in a chronological order. It will make it easier for people to understand what help you need. Please space and punctuate your story clearly. It is difficult to read an unbroken block of text. Jacobs were instructed to collect CT arrears. Received letter from them end of January 2019 - promptly paid Council at beginning of Feb 2019. Bailiff attended this morning at 9.00 am. He was not afforded entry. He keeps calling my mobile and sending text messages threatening that a removal van has been booked for 6.00 am tomorrow morning, Obviously, this is a lame threat as he hasn't had access to the property, hasn't done a Controlled Goods Agreement (or whatever they're called now) and hasn't spoken to me. Am I right in understanding that Jacobs are unable to remove goods, etc purely to collect their fees? The initial fee of £75 is valid and will be paid as that was requested in January. I don't know if the second stage fee of £235 is arguable? Can anyone advise. BTW, I'm an OAP now. Thanks guys x
  3. UPDATE The sky didn't fall on my head. It's now been almost seven years since the original court case and, although the debt has now risen to £40,000 (with the addition of 6 years' statutory interest @8%), I still haven't paid a penny for over 6 years. I attended another oral examination (Order to obtan information) 18 months ago where it was obvious that I was still impecunious and could not make any offer of payment (no matter how small). I should imagine that this debt has long dropped off my credit record (if it was ever added in the first place). Although this whole matter was frightening and incredibly difficult to deal with at the time, time has helped as did the advice and support offered by CAG members. Thank you so much. I know this matter will never really go away, ie when the Judgement Creditor dies, I will owe his estate and when I die, my (nonexistent) estate will owe his estate, but at least it's manageable. I just have to jump through hoops occasionally. The moral of this story has always been - never sue a man of straw. Impecunious ☺
  4. In the event of my bank account being frozen and subsequently "raided" as part of a Third Party Debt Order -- can my Housing Benefit be taken? My balance is meagre to say the least ... minimum required to service rent and CT. Imp
  5. When you're self-employed, work related activity can consist of: updating/maintaining records, market research, creating copy for website/blog/advertising, business networking, design/production of samples, keeping accounts, reporting to HMRC/Council (if claiming benefits), online research ..... travelling to see potential clients .... the possibilities are endless. All this on top of any actual hours spent "working" on the phone/texts/making crafts. HMRC may need to be convinced you're self-employment is "commercially viable" with a view to making a profit. Especially in light of the minimum income floor for self-employed. Imp
  6. Yes, alleged accident at rear of party wall next to pavement. Very spurious claim. Insurance was compromised due to insurance company sending documents to derelift building site 8 weeks befre incident. Otherwise it would have been a straightforward insurance claim. Sod's law. Imp
  7. No, it wasn't a driving accident .. I've never driven without valid insurance, tax or MOT. That would be totally unforgiveable. Imp
  8. Claim can be lodged anytime within three years of the date of the accident. Your daughter is lucky - she has insurance - they will deal with it. Imp
  9. Thanks for the responses guys. The quantum hearing awarded £15,000 to the Judgement Creditor and there was c. £12,000 legal costs. Statutory interest for 6 years takes the total to just under £40,000 - an eye-watering amount - but that won't rise now as interest is only added for 6 years. You're right, I didn't have the money then and I certainly have nothing now. It was obvious from the EX140 form that I had to complete at the oral examination this week that I was unable to offer any monthly payments - not even £1.00/month - so I didn't. I have no tangible assets and haven't had a car since mine failed its MOT over a year ago. It would be completely pointless for the Judgement Creditor to pay to transfer up to the High Court for a Writ of Fi-Fa, then pay for enforcement by HCEOs, etc. (After signing up to CAG over 6 years ago, I'm pretty clued up on my rights when it comes to EOs and HCEOs.) He's already paid for the Order to Obtain Information, solicitors fees for attending at court and for a process server. All throwing good money after bad. I can't really see how any kind of enforcement can be made: I'm not employed, so can't do Attachment to Earnings, have no property or assets and no-one owes me any money, so no charging orders or third party debt orders can be made, no attachable benefits ,,,,,, not even enough regular earnings through self-employed to make an instalment order ...... The old guy is 80 now - I really do think he's been badly served by his legal team but there isn't anything I can do to help. His claim for personal injuries was lodged with the court one day inside the three year statute of limitation (I think perhaps following a no win, no fee cold call). It's been almost ten years since his alleged accident and he still hasn't had a penny. His solicitors should have determined my ability to pay before taking the claim to court and giving him false hope. As judgement was found in his favour by default, he "won" the case but I have no idea who pays his legal fees - I certainly can't. I do worry about it .... for him, not for me. I've realised now that despite being hauled through court, mauled by a ferocious but toothless barrister, being a litigant in person and subsequently becoming a judgement debtor, that the sky didn't fall on my head! Until this second oral examination, I hadn't heard a peep from his solicitors for over six years. I presume his solicitors want to see historic bank statements to make sure I haven't squirrelled away any money, despite my accounts debit balances. I can't see the bank spending any time or money raking through the archives to find statements that old. But, I will give it a try - again! Being made bankrupt is not really an option - no-one would gain anything and it's costly. Student loans and unsatisfied claims for personal injuries remain extant after bankruptcy .... meaning I would still be over £55,000 in debt. Luckily, my student loan will get written off soon as I'm nearing retirement age. The only money I really owe is for this unsatisfied claim for damages. it's all an unmitigated disaster really .... if the old guy had come to me at the time of the accident, I would have done the decent thing -- taken him to hospital, compensated him for time off work and for any injury caused ... but, by the time I was made aware of the incident - many years later, I had already become a victim of the recession and had lost everything. I'm sure there's a moral to this story somewhere but it's far too early in the morning ...... Imp
  10. Andyorch - after all this time, what would constitute "fresh proceedings"? "....however an action cannot be brought on any judgment after the expiry of 6 years from the date it became enforceable. The term “action” only applies to the commencement of fresh proceedings on a judgment, it does not include enforcement proceedings so, strictly speaking, for enforcement purposes and enforcement proceedings, no limitation period applies. "
  11. The oral examination was held today. All very straightforward and not in the least daunting this time, with only a paralegal attending on behalf of the Judgement Creditor. The information requested was little more than the normal paperwork I'd produce for the council for continuation of housing benefit. I have been asked to provide bank statements from 10-12 yrs ago and present them at a continuation of the examination (date still to be determined). Not sure if that's possible but will try. Can only produce paperwork within my control. My main source of income is WTC and I get full Housing Benefit and CTR. I honestly can't see how they can enforce the court order (now amounting to just under £40.000) and don't think they have any real options open to them. As far as I know, WTC, HB and CTR are not "attachable" benefits and, as advised in an earlier post, my income falls below the amount that the law says I need to live on ...... definitely a "can't pay not a won't pay" ... Imp
  12. It's been 6 years and 3 months since the original judgement. I must admit, I've been very surprised not to have heard from the Judgement Creditor's legal team before now but I suppose they act on his instruction. The amount of the judgement has now risen to c. £40.000.00. There has never been any attempt at enforcing payment either. I should imagine that the Judgement Creditor's legal team aren't too happy about taking on a big-wig barrister at the time and not being paid for their services. It was always a phyrric victory ... it was a claim for personal injuries - I had no insurance, no assets, no money. Waste of time suing a "man of straw" ..... I couldn't even afford legal representation, so represented myself as a litigant in person. The last oral examination - which was more like an "inquisition" - lasted for nearly 4 hours with no breaks and I found myself confronting a legal team consisting of one barrister, one solicitor and one other ... it was incredibly daunting. It resulted in NOTHING! Obviously, I'm better prepared this time ... I hope it's just a formality this time. I've more or less put together all the information requested. This proves, without a shadow of a doubt, that I'm as poor as a church mouse and completely unable to pay. I may be asked to pay for the hearing and costs on the day ... they can but try! I survive on WTC, HB and a tiny pension and I'm not in receipt of any attachable benefits and I don't have any tangible assets. I thought that the Judgement Creditor must have died -- he's 80+ now but that doesn't seem to be the case. When he dies, I will owe his estate but hopefully when I die, the debt will die with me as I have nothing to leave. I feel sorry for the old guy .... his legal team obviously promised him the earth and he's been living in hope since the accident happened in early 2005. He was delighted to be awarded £15,000 by the Judge at the Quantum Hearing but I told him then I didn't have the means to pay and he probably wouldn't see a penny. it's oh so easy to get a judgement but it's completely another thing converting that into hard cash. Imp
  13. The Order to Obtain Information was hand-delivered to my home address but the name/address on the summons to the court hearing was my business name and the address of the retail unit I briefly occupied last year. A man banged incredibly loudly on my front door - I thought someone was actually breaking in - he refused to show me any ID or state his business and ordered me to open my front door to him. He was very intimidating - shouting, putting his face right up to the glass in the front door and snarling. (I had no idea who he was - it was 8.00 am - I was still in my pjs) I refused to open the door or let him enter into my home.) He then proceeded to shout out loud that I had to go to court otherwise I could be sent to prison. All very embarrassing but I certainly wasn't going to let anyone into my house who I didn't know purely based on the fact that he was shouting at me. I talked to him calmly through the front door. Once he posted the summons through the door, I was relieved to see that it was just an order to obtain information (which to be honest, I'd been expecting for the last couple of weeks). My questions are: 1. Can summons to be served to an address other than that stated on the actual summons? (Before going back to court to have the address changed.) 2. Are process servers usually so damn aggressive? Is there a complaint's procedure? Thank you. Imp
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