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Everything posted by impecunious

  1. That seems very HARSH!!!!! First time I've ever heard of it!! Sorry to hear you're having to go through all this. Have you considered moving premises?? Impecunious!
  2. Did your landlord take you to court over alleged rent arrears?? Just wondering why Bailiffs should be involved without a CCJ? Am I gettting confused or do different rules apply to rent arrears? All seems to have happened extremely quickly. Impecunious!
  3. "I recieved a call yesterday from someone from the same company wanting to confirm my address to send a doorstep agent or a summons or something to take me to court to investigate my assets." Just a thought. If they want to "investigate your assets" - that would be via An Order to Obtain Information. I've been through that process, it's not particularly pleasant but it gives you an opportunity to PROVE to the court and the Original Creditor the precise state of your finances. I outstanding CCJs, one of them in the sum of £26,600+. I was summoned to appear at an Oral Examination and, as a result, now only pay what I can realistically and sustainably afford, ie £1/month. So, don't worry, even it is comes to that it's not the end of the world. I suggest you telephone The National Debtline (if you haven't already done so). They're pretty good in advising how to deal with priority arrears, etc. and how to identify them. After all your creditor can't take what you haven't got. I've got to the stage now with DCAs that I just tell them I have overwhelming debt and am not in a position to pay them as I have no tangible assets, etc. Half the DCAs wrote back and said - in light of information provided, account closed - no further action! There's nothing from them to be gained by pursuing an impecunious man (or woman) :O) Best of luck Impecunious!
  4. As far as I know, only a Court can ask you such personal financial details. A DCA has NO right to them - it's none of their business. I just tell them the monthly/weekly payment that I believe is sustainable and realistic and they can either like it or lump it! I'm sure you'll get loads of good advice from fellow CAGgers! Impecunious!
  5. I would suggest that your Judgment Creditor should have ascertained whether you had sufficient assets to satisfy the CCJ before applying for a Writ!! HCEOs may be slightly more persistent than court bailiffs but if you don't let them in they can't seize YOUR goods (if you actually have any) and they certainly can't seize any goods NOT belonging to you (ie your father's). I think you just have to be honest with your father and tell him the facts, otherwise he'll probably just panick when the HCEOs arrive! I suggest you contact the contact the original court where the CCJ was issued and let them know the score. It might be possible to apply for a set-aside (if the account is actually in dispute). Others will come along shortly to give you more in-depth advice. Don't panic and come clean with your father. Good Luck!! Impecunious!
  6. My son-in-law experienced a similar situation. In that case, he had to pay the whole of the outstanding CT liability even though the CT account was in joint names - as house-mates They were deemed to be jointly and severally responsible for the account. So my SIL had to pay up!! Doesn't seem quite fair! Impecunious!
  7. Alaniss2 - a little light relief. A large part of negotiating with bailiffs is being in the right frame of mind. I thought this might amuse you: Originally Posted by BLF Impecunious, id hate to live my life like that, hiding my car and not having windows open etc..... try dealing with the problem, the bailiff is probably one of the only ppl that can help you.... BLF, next you'll be telling me to: park my car outside my house throw the windows wide open unlock the front door invite the bailiffs inside for freshly-brewed tea and home-made chocolate cake with double whipped cream filling, have a civil and satisfyingly stimulating discussion agreeing to a mutually convenient and realistic, sustainable weekly payment arrangement on which they won't renege, and quietly agree to signing a walking possession listing completely exempt items. The bailiffs would then be so compliant after breaking bread with me that they would quite conveniently forget to: levy on the very few personal possessions of sentimental value I do have charge me extortionate and unlawful fees on my landlord's furniture and the items my children have temporarily stored here whilst they're on their foreign adventures, and resist the temptation to exceed their rather-limited powers! They would also manage to: conduct their business without reverting to threatening and intimidating behaviour, and then we could establish polite and regular phone sex I mean communication. In your dreams BLF! I rather like parking the car away from the house: it encourages me to keep fit by having to walk that extra kilometre to pick it up before work and its great for the figure. In this weather, closed windows and doors help keep the ground floor cool, prevents ultra-voilet light damaging my landlord's furniture and pictures, and encourages my tomato plants to flourish. Not phoning the bailiff saves me on phone bills and allows me to buy better quality toilet-paper. Paying the Council direct is good for the soul -- cuts out the middle men and prevents the bailiffs from becoming even more egotistical and selfish. Ignoring the door means that I can have a nap after work in peace and quiet and when 9.00 pm comes -- I can get up and enjoy my evening meal without interruption and get on with my household chores as I have a tendency towards the nocturnal. Receiving their regular phone calls and letters reassures me that I'm "special" and not forgottten -- a girl can never have enough attention! Then on Sundays, I can have my day of rest and thank the Lord that I've survived yet another week and kept the CAGs 10 commandments! BLF, it's no real hardship - honestly! Bailiffs aren't just for life .... they're just til they get fed-up getting nowhere and hand the file back to the Council - who, incidently, received my first payment by electronic transfer last month! I am dealing with the problem BLF and managing rather well by all accounts but if you'd like to offer any further, meaningful advice, I'm all ears! Love and kisses Impecunious! Believing in positive mental attitude! Good luck!!!
  8. Bailiffs have been known to levy on a front door mat! Unbelievably stupid!! Obviously an unlawful levy but it's fun enjoying their gaffs!! Impecunious!
  9. You are under no legal obligation to open the door to the Bailiff or to talk to him/them!! If you feel you have to talk to them, do so through an open top floor window (if you have one) or through the letterbox (very - Carry on Bailiff!!!) Remember to keep your windows/door locked - it might seem like seige-mentality but you'll soon get used to it - and it will avoid the bailiffs being able to charge you spurious additional charges. Make sure that there is nothing of value o/s your property, such as garden furniture, bikes, etc. and if you have a car, move it far from your property. Don't give them a chance to levy on anything. Please don't be nervous (I know how difficult it is) - but knowledge is really power. If you take heed of the great advice on here you'll empower yourself to manage the situation better. And if anything new develops, just post back on here, you'lll get all the advice/support you need. I kept the bailiffs at bay for over 18 months before my CT account was returned to the Council - I now pay an incredibly realistic monthly amount that I negotiated with them. Don't give up - and try not to stress too much. Follow the advice and make things very difficult for them. Impecunious!
  10. Did they set out a detailed description of the goods levied? Not just e.g. 4 boxes of stuff?? Just interested. Impecunious!
  11. Rossies are my own very favourite project!! And from the looks of your posting they've screwed up again! Although the amounts they state for first and second visits are correct, have they actually left any paperwork with you to prove that they have made these visits? If not, the fees are not applicable. A levy is when they list any personal items you may own with a view to making an arrangement to pay. If you fail to make the payments they can seize your goods and sell them. Was a Notice of Seizure listing any items put through your door? You don't have a car, perhaps they levied on goods outside your property, i.e. garden furniture, bikes, etc. They may even have levied on good that don't belong to you. They can't charge you a levy fee if a levy wasn't made and they can't charge a levy fee on the same day as a visit fee either. They cannot charge for waiting time. They can't charge for a van fee - because you say that no levy was made. I'd write to them requesting a breakdown of the charges/screenshot, etc. There is a template letter available - just read through the posts. It won't cost you anything. I would want to see proof before I paid them another penny!! Rossies are chancers!! I'm sure you'll get lots of great advice and support. Take care Impecunious!!
  12. An order to obtain information is pretty useful. It won't get you your money but it will give you all the information you need about his financial circumstances. He HAS to attend - otherwise I believe may be considered in contempt, etc. Armed with this information, it will give you an idea of how best to proceed with enforcement. I was subject to an order and was literally interrogated for almost 3 hours at the court - it's pretty awful. Believe me!! I was fortunate in that it was obvious I could pay nothing but £1/month ---- CCJ was for over £26,000! If you don't how much money he has, or who owes him money, or whether he owns his property etc. or how much assets he owns - I think its pretty pointless sending round the heavies! At the time of the hearing, he will be asked to make an offer to pay - if he can't pay he'll be asked to explain why. Its definitely worth thinking about. Impecunious!
  13. I would suggest IMHO that they have absolutely no right to any of this personal information. Only a court could ask for your I&E, etc. PS Don't offer them home-made cake either they'd only choke on it. Impecunious!!!
  14. Unfortunately, none-face-to-face communication is more likely to induce torrents of unimaginable abuse . In fact, 60% of us are more likely to lose our rag on the phone compared to being rational and discussing things face-to-face with a human being. I was one of those "60%" - frightening behaviour for a graduate in English language DCAs bring out the very worse in me!! So very difficult not to lower yourself to their level. So, another very great reason for NOT talking to them on the phone - EVER!! Impecunious!
  15. Being assertive is much more effective than being aggressive but not sure a DCA would recognise the subtle difference! Impecunious!
  16. ROSSENDALES!! Why am I NOT surprised by their behaviour? Do me a favour, screw them!! (In the nicest possible way ) Impecunious!
  17. I'm juggling balls whilst trying to fundraise for my charity! Precarious!! Hope you find a solution to your problem. In my case, I just had to be patient and keep plugging away at it - eventually, I got my own way and now have realistic and sustainable repayments. The support and knowledge I gleaned from CAG helped no end! At the end of the day, you're a "can't pay for now" not a "won't pay", so if you try to keep things in perspective, it's not so daunting. Impecunious!
  18. OOps - sorry - misread your posting. Am at work and trying to juggle too many balls. All I can say is, it's not too late to get good advice on how to progress this. If you're unemployed, then I believe the bailiffs have to return the account to the Council and then they will deduct small amount from your benefits each week. Hang on in there - there's bound to be more advice soon. Impecunious! PS STOP TALKING TO THE BAILIFFS
  19. Order to obtain information - try this for information on Orders to Obtain Information. When I attended it was like the Spanish Inquisition! I was questioned/interrogated for almost 3 hours! It was draining! Trust me, you can put forward any questions that are relevant to the Judgment Debtor's finances. It would put the fear of God into anyone!! Impecunious!
  20. Was it the bailiff who said it wasn't means tested?? I have negotiated with my ex-Council CT Dept to pay £12.50/month - after the account had been with the bailiffs for over 18 months. I stuck to my guns, £12.50 was ALL I could realistically afford and sustain and I didn't have to provide them with an Income and Expenditure sheet. I was originally told that £12.50 was "unacceptable" and that it was less than the monthly payment expected from those on benefits. However, after negotations further and further up the Council's food-chain, my monthly repayment was accepted and payments start next week. The o/s CT bill is over £1,000. MYCT arrears are going to take over 6 yrs to pay back. I never listened to the bailiffs. Impecunious!
  21. I don't know of any guaranteed method of success. If your Judgment Debtor won't play ball, there isn't too much more you can do. An order to obtain information, will have him sitting in front of the court official, will make him squirm and if he doesn't attend I think he can be charged. You can put forward any questions you want and ask for documents to be produced. He then has to make an offer to pay. I'm afraid there are no easy answers. Your Judgment Debtor might even come on here and ask for advice in keeping the bailiffs at bay! If you're desperate for your money and you want to pursue it further, you're going to spend a little more. If you feel that spending more will gain nothing, you'll just have to let it go. Write it off! There's no fairness or justice sometimes. But that's just my opinion. Impecunious!
  22. I'm sure you feel totally frustrated by the whole thing! There's a saying: Never sue an impecunious man! Or a woman in my case! Have you thought of transferring the CCJ up the High Court - £50 fee I think! If the Judgment Debtor doesn't open his door to the HCEO there's very little that than be done but they might have more "punch" than a regular bailiff. Remember too, that daily interest will be accruing on your outstanding CCJ. (Someone just confirm that for me - current rate 8% or thereabouts") Impecunious!
  23. Unfortunately, as you are now finding it, it's relatively easy to get a CCJ - the difficult part is enforcing payment. Speaking personally, I have been subject to an Order to Obtain Information after a CCJ was issued against me in the sum of over £26,000 as a result of a claim for damages. I think the cost of the hearing is about £45? (payable to the Court by the Judgment Creditor, then I think recoverable from the Judgment Debtor if he has any assets). Obviously, an Order doesn't necessarily produce any money but it does give you valuable information. I In my case, it was clearly evident from investigating my financial circumstances (and I mean thoroughly tearing me apart financially and interrogating me - all my bank statements going back 8 yrs, contracts for the purchase/sale of former properties, utility bills, etc. lists of assets/furniture) that my basic outgoings exceeded my incomings and that I could NOT under any circumstances make an acceptable offer of repayment to the Judgment Creditor. I make a token goodwill gesture of £1/month towards the outstanding CCJ. In my case, it really was that you can't get blood out of a stone however hard you try. In going for an Order to Obtain Information, at least you will know what your options for enforcing payment may be. However much you may dislike it, there's always the outside chance that you can't lay your hands on any of the money you're owed. Hope this gives you some insight. Impecunious!
  24. Just a quick comment: I should imagine the court would be relunctant to force the sale of a property for such a relatively small CCJ. You would first need to ascertain if there was any equity in the property, etc. Alternatively, go for an Order to Obtain Information and grill him! Then perhaps you can decide the best way forward. Failure to attend a Hearing to Obtain Information is serious stuff. Impecunious!
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