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impecunious

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Everything posted by impecunious

  1. A portion of the PPI refund would have included statutory interest of 8%. As far as I know, that is due to you and they can't offset that against your indebtedness. (That's your compensation.) I was in a simiilar situation but LTSB, despite threatening to keep the lot and offset it in total against my outstanding loan, refunded me in full (and are still chasing the debt). Perhaps one of my fellow CAGgers can advise on this. Impecunious!
  2. If they're coming all the way down from Edinburgh Fred, just ask them to bring down some sliced sausage, white pudding, haggis, McIntyres morning rolls and clouty dumpling .................. ooops and some macaroon bars! Impecunious! You can take the girl out of Edinburgh but ............................
  3. Only in your dreams!! I think there's going to be some official enquiry into Equita - didn't quite catch it all - reception wasn't great! Was hoping fellow CAGgers heard it too ..... Impecunious!
  4. Did anyone else laugh out loud when listening to BBC Radio 5 Live last night .... discussion surrounding complaints about Rossendale's council's use of bailiffs, Equita staff and claims of excessive over-charging?? I was driving back from London on the M6 at the time - thank goodness there wasn't much traffic .. I was laughing so much I almost had to park-up on the hard shoulder! Surely Equita would never use bullying tactics or excessive charging .... complaints received were negligible. Impecunious!
  5. Sorry, I should have added --- "if indeed you owe the council anything for this current year's liability" ..... you need to see your account statement. Impecunious!
  6. I remember reading your posts - you did so well. It's time now to be strong again!! This year's council tax is almost over - you've probably already received your council liability for 2012/13. Concentrate on keeping that one up to date. Technically, once the new bill is issued, last year's liability just becomes priority arrears. Find out exactly how much you still owe from the Council, ask for a statement. Tell them how you plan to repay the outstanding balance whilst maintaining 2012/13 liability. One step at a time. The Council can't refuse any payments you make, so start paying them weekly electronically, using the correct reference number for this current year's liability (2011/12). This will quickly establish a regular pattern of giving. You're a can't pay NOT a won't pay! IGNORE the bailiffs. You know you'll get lots of support and great advice from CAG members. Good Luck! Impecunious!
  7. Is it possible to get a statement from the council evidencing the payments that you've already made? (Rossies might be visiting to collect any outstanding fees they think they're entitled to from your previous encounter.) Before you can take them to court - and I'm not sure that's the best action - outline all your grievances in a FORMAL COMPLAINT and send it to the CEO (sent signed for) with a copy going to the bailiffs (might also be a good idea to just copy in the Recoveries Manager at the Council - the letter to the CEO will probably end up on their desk anyway). I don't think you can take them to court without going through the complaint's procedures first and escalating them to the highest level. In the meantime, obviously don't let the bailiffs into your property and don't talk to them. As I'm sure you already know, you're not legally obliged to do either and remove anything from outside your property in case they make a levy. As you've had awful experiences with the bailiffs before, be careful not to antagonise them ... they certainly don't play by the rules. You might just have to step back a bit and try to deal with this objectively. Revenge is a dish best served cold! If the bailiffs visit again and threaten you with the police, you know that you don't have to open the door to them, despite what the police say. They're not always au fait with how to deal properly with bailiffs and disputes. Don't be intimidated. Just come back to CAG if anything else happens. - you know you're in good hands. Good Luck! Impecunious!
  8. No, originally it was just a regular mortgage, then they bought another house and decided to rent this one out! They then changed to buy to let.
  9. Yes, my claim for housing benefit was successful. They only paid a portion towards my rent as the house was deemed "too large for my immediate needs" -- it was 2 bedrooms and I live alone. That was 6 years ago, so not a new rule. Thankfully, I was only on JSA for 13 weeks until I found a full-time job. Under the provisions of the mortgage, my son-in-law was meant to inform the mortgage company that a close relative was renting the house. Apparently they don't like that. Anyway, he didn't tell them! They'd had previous private tenants that weren't related, so really didn't see any point telling them. Good luck!! Impecunious!
  10. I was in a similar situation when I rented my daughter's house. Whilst looking for work, I claimed JSA, Council Tax and Housing Benefit. I had to prove, beyond a shadow of a doubt, that it was a commercial relationship. I told them that if my rent was late or unpaid, my son-in-law would have no hesitation in taking legal action to evict me! Proof enough to confirm a commercial relationship, plus tenancy agreement of course. Just thinking, did you mother advise her mortgage company that she was letting out the house to a close relative? Good Luck! Impecunious!
  11. As far as I understand, if the bailiffs levied on your camper van on their 1st visit, then they can only charge the levy fee and not the £24.50 first visit fee (they can't charge both fees on the same day). No charge can be made in respect of the letter they sent (in lieu of 2nd visit) but I suppose they could actually make a second visit and then legitimately claim £18.00. They cannot charge you £185 for their "enforcement fee" nor £24.50 for their "administration fee" - although they might argue that if the camper van is sold, that would be effectively be a "header" fee in respect of advertising, etc. It's a bit like smoke and mirrors with most bailiffs. Because the bailiffs have already levied on your camper van, technically they can remove it and sell it to cover your outstanding debt and their ficticious charges. (You can dispute these charges later but one thing a time for now.) They don't need your signature. (All a signature does is allow them to claim another £12 in charges.) Merely covering over the camper van and hiding the registration won't hinder them. Best thing is, as already advised, is to garage it away. NOT at your property though because I believe that bailiffs can break into a detached garage/shed/outbuilding to seize goods. Please correct me someone if I'm wrong. However, as the levy was made over 8 months ago, it might be considered as abandoned. Your best bet is to start paying something regularly to your council every week without fail via their electonic payment system. This way you quickly start to establish a payment pattern - this also supports the fact that you're a "can't pay" not a "won't pay". Don't talk to the bailiffs, don't let them in! There is nothing in law that states you have to deal with them. Eventually, they'll get tired and return your debt to your council. You're going to have to stay strong and adopt a seige-like mentality until the debt is returned to the Council. Be prepared for a long haul. In the meantime, hopefully the council can sort out your new claim for Council Tax benefit. Please remember that Council Tax (whether anyone thinks it's legal or not) is considered to be a priority debt and should be treated as such. There's a really good I&E form on CAG that will help you to determine how much you can realistically afford and sustain each week/month. Don't cry - you need to stay positive to deal with this. Good luck! Impecunious!
  12. Just hang on in there! There might have been 31 people viewing your post but not everyone is au fait with court fines, etc, so best to wait for the right response rather than everyone just throwing in their six-penny worth. Good luck! Impecunious!
  13. Have they been yet?? I know it's easier said than done but just stay strong. Impecunious!
  14. You obviously don't have a contract with the bailiff. Although the bailiff is acting as an agent of the Council, there is no legal obligation for you to talk to or pay the bailiff. Just keep paying the council direct. As I told you, bailiffs are incredibly thick (skinned) ............. they make it up as they go along. Listen to CAG advice and don't give in to the bailiffs. They are skating on extremely thin-ice. Just keep a written record of events and your day will come. You'll get all the advice and support you need to get through this. Good luck! Impecunious!
  15. You're welcome Max. The majority of us found CAG because WE needed advice/support - we stay to help others! It's self-perpetuating really :O) Experience and knowledge goes a long way to finding a new and more positive approach to handling debt. I don't worry about it anymore, it's just an entry on a ledger but I do manage it more carefully and don't lose any sleep anymore. Good luck! Impecunious!
  16. Personally, if £40/month seems like a huge chunk out of your income, reduce it to a figure you can comfortably afford -- £1/month to each of your creditors if needs be. Don't do without just to pay back credit card companies. It's YOU who decides how much you can reasonably sustain not THEM! Secondly, send a SAR to each of the credit card companies - that will cost you £10 to each creditor. (If you reduce your monthly payment - you'll have the £40 you need to pay for the SARs. IMHO better to use the money for your benefit than for theirs!) They then have 40 days to provide you with the information you requested. You'll find examples of SAR letters in template letters file. All of these debts are credit debts, ie. non priority debts - although your creditors wouldn't agree with that definition. So don't worry. If you have any doubts, fill out an I&E budget form for your own personal use. There are several good ones, one on here and one on National Debtlline website. Once your SAR information comes back, get back to CAG and you'll get all the support and advice you need to make a claim for mis-sold PPI. There are LOTS of reasons for mis-sold PPI - so there really shouldn't be any problem. Being a full-time carer is hard enough - so be kind to yourself - and put you first NOT the credit card companies. Good Luck! Impecunious!
  17. DCA acting on behalf of LloydsTSB failed to provide me with my CCA and didn't return my £1.00, so I complained to LloydsTSB. They sent me a cheque for £50 by way of compensation. So, if you don't ask, you don't get! Impecunious!
  18. Even with a levy (albeit irregular), the bailiffs wouldn't be able to enter your property to remove goods without a court order and, from what I've read on here, that is highly improbable in respect of council tax arrears. You'll really have to maintain a seige mentality - keep all your windows and doors locked, don't leave anything of value outside and park your car well away from your home. Even though your car is on finance, the bailiffs may try to levy against it. They're pretty thick-skinned - no amount of telling will persuade them that you know better than them. Don't worry, they can't levy on a vehicle on finance because technically it doesn't belong to you until the final payment has been made. And, if they do, that can be dealt with too. This has to become your mantra! Don't let them in. There is no law that says you have to deal with them. Just keep a record of any future visits and try to video them in case you need to make a formal complaint to the council at a later stage. Just keep on paying the council direct in respect of your arrears and don't forget to keep your current council tax up to date. The council can't refuse your payments. I've noticed you've already paid them. If you pay them weekly, you'll very quickly build up a record of regular payments and this will stand in your favour. Knowledge is power and you have to empower yourself. I know it's easier said than done BUT really, most of us have been there and we've survived to tell the tale. The bailiffs rely on you being weak and taking their threats seriously, so you have to keep strong. Just try and keep things in perspective. We're all here to help. Impecunious!
  19. You've been given great advice and support from fellow CAGgers. Why are you panicking now?? Has something else happened? Impecunious!
  20. Yes, I concur with TT. Great to hear updates. I'm glad it went well for you. I stopped paying "goodwill token payments" to my creditor about 18 months ago and nothing has happened - so far. The sky hasn't fallen on my head and no further enforcement has been made. They literally can't get blood out of a stone. Good luck with your new case. Impecunious!
  21. "The official levied against my car, a friend's car, my dining table and 6 chairs which he could see through a window plus all other goods required to satisfy the writ (his words)." For starters, looks like an invalid levy anyway. He can't levy on goods in that way - he has to be able to physically touch them. They always shoot themselves in the foot! Good luck! Impecunious!
  22. They can only levy on the microwave if you have another source of cooking (cooker) in good working order -- HEY, my cooker's broken, so I have to use the microwave for cooking/heating food. Possibly exempt item. By levying on your dining chairs AND sofas, does that mean they will leave you with no seating for the family? That's a definite No No! Exempt items - Refer to Ambrose case. Washing machine: exempt item - they can't levy on goods required to clean or mend clothes. Unless the tv is new, flat screen -- little value. Looks like an invalid levy to me - with so many exempt items and what's left - if anything - won't go anywhere towards reducing your indebtedness or covering cost of auction charges or bailiffs charges. Naughty bailiffs, you'd really think they'd have learned by now! Impecunious!
  23. You were quick off the mark dx. Just a quick query on your response. If you tender payment (or part payment) to the council BEFORE the bailiff visits, then the £42.50 doesn't apply??? Thanks impecunious!
  24. Despite making arrangements over the phone with the bailiff, you do NOT have to deal with them - it is definitely preferable NOT to entertain them. Let them visit by all means, BUT don't open the door, keep it locked and likewise your windows, and DON'T leave anything of value outside your home - be it car, carvavan, bikes, garden furniture. DON'T leave them anything to levy on. Otherwise they'll start racking up the charges. The most they can charge you is £42.50 in charges for 1st and 2nd visits without obtaining a levy. Write to the Council asking for details of the Liabiilty Order (you'll see lots of examples on here) and make payments directly to the council through their online system -- using the relevant account number. The council can't refuse your payments. If you make weekly payments, say every Thursday without fail, it will very quickly demonstrate a payment history. Read through some of our posts, you'll have a better idea of how to manage bailiffs. It's not rocket science -- just keep strong. Good Luck! Impecunious!
  25. UPDATE Despite declining offer of PPI refund in September as "derisory" (verbally by phone and then confirmed in writing), I received a cheque for over £5,000 a few weeks ago and LTSB now consider the matter closed. (I was originally informed that the bank would "offset" any refund against my indebtedness - they didn't - cheque came as a complete surprise.) I've accepted cheque as "part-payment" of my PPI claim and will be chasing them for the balance. Now the documents requested in my SAR dated October are now available to be collected at branch, I will be able to calculate a more accurate and acceptable PPI refund. In the meantime, I'm confused and need some advice. My outstanding loan balance is just over £5,000 - I haven't made any payments for last two years now - and it's being chased by DCAs. As almost 90% of this balance is made up of mis-sold PPI premiums, penalty charges and interest, is this balance then still correct? In my thinking, it's not because they're refunded me this amount plus interest ........... but, if you know any better, please let me know. DCAs are currently chasing for £5,000+ - I have written to them advising that the account is in dispute. Should I continue to remind them - they are still bombarding me with letters and threats of legal action? Does my argument still hold water? I hope this is clear enough but I just can't get my head round it. I owed them £5,000+, they gave me £5,000+ but now they're still wanting £5,000+?? Hmmm, doesn't make sense (to me anyway). Please help!! My brain's in dormant winter mode! Impecunious! :-)
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