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Everything posted by impecunious

  1. Thanks for that -- CCJ in the sum of £26,000+ - hearing to obtain information was held - judgment debtor had no tangible assets/modest income and overwhelming debts. (I'd say shouldn't have been sued in the first place.) £1/month being paid in respect of Order. Just wondered how judgment creditor would pay legal fees? Impecunious!
  2. This may be slightly off-subject here but I'd be interested if anyone knows how a judgment creditor pays their legal costs if the judgment debtor has no assets/modest income and can't pay CCJ? This was for a no win-no fee personal injuries case, decision was made in favour of the judgment creditor for c. £26,000 (£12K legal costs). Would welcome any input! Impecunious!
  3. Hate to say this BUT I was pleasantly surprised by Bryan Carter. When I received a final letter before Court action from Bryan Carter a couple of weeks ago, I wrote back and told him that I was sinking under a mountain of overwhelming debt and couldn't pay anything back. He promptly wrote back to inform me that the account was now closed and no further action would be taken! Success!! Impecunious!
  4. I might be wrong but I believe that Council Tax arrears involve Liabiity Orders - they are not CCAs and aren't statute barred. I've been negotiating with Rossendales and MCC for the last 18 months. I started off talking to low level clerks within the CT Dept and once I mentioned putting in a formal complaint to the Chief Executive, I was swiftly passed up the food chain to Pete Bradshaw. Once I'd explained in detail why I wanted my acccount taken back Rossendales, they agreed and at a monthly rate that I suggested as being realistic and sustainable. Pete Bradshaw Council Tax Unit P O Box 147 Manchester M15 5TU Telephone 0161 219 6133 Fax 0161 953 8226 E Mail [email protected] It's definitely worth a try. You have to be focussed and patient. Best of luck!! Impecunious!!
  5. I'd strongly advise that you get a breakdown of charges first from the bailiffs before you pay them £211.xx in spurious charges. I know you have six years to reclaim overcharges from bailiffs but why give them what you obviously don't owe them now? Especially when you may not be able to afford it. It won't take that long to get a breakdown. Then you can pay what you legitimately owe to the bailiffs and let the council take the account back. Your current contact at the Council may not be high enough up the food-chain to advise you correctly. Please don't feel forced into paying this £211.xx Let others here give you the benefit of their advice/experience first. Impecunious!
  6. Write to the Bailiffs requesting a breakdown of their charges! You'll find a template letter for every occasion on here. Then the fun can start!! More than likely the charges are going to be pure fantasy - which you already suspect. When you get a response from the bailiffs, just post it on here and you'll be sure to get lots of feedback. I'd write to the Council and tell them that once you've confirmed the validity of the bailiff's charges, you'll pay that sum directly to the bailiffs and then confirm that the Council will honour your arrangement and take the account back. Don't give up. I've spent the last month negiotating with my former Council and they have now taken back the debt from Rossendales. I think the magic words could have been mention of a Formal Complaint to the Chief Executive - my case very quickly escalated up the food chain and I'm extremely satisfied with the result. Impecunious!
  7. Good luck with that then! Knowledge is empowering and that's what CAG gives us! Impecunious!
  8. As far as I know from my reading, it is possible to have more than one attachment to earnings - they can be "consolidated". Obviously it does depend on how much you earn, your level of "protected earnings" and the amount of disposable income you have left over. If earnings are low, an ATE won't be made. It's also possible to have the ATE suspended (that happened in my case). I stated to the court that having an ATE would adversely affect my position and my promotion opportunities at work, etc. The council (via the Court) accepted my very low offer of £5/month in respect of an overpayment of Council Tax benefit amounting to £1,050. I prepared an in-depth I&E sheet for the Court - taking advice from the National Debtline. Everything was done via correspondence and no court appearance was ever made. It was all just a "process" - so don't worry too much and just stay focussed. Impecunious!
  9. Thanks All I'm delighted with the result, especially as I do not fall into any of the recognised "vulnerable" categories that are normally referred to here. However, I have an inkling I once saw "overwhelming debt" as being included under vulnerability. Kelcou: I love the name too but wish it wasn't so! Wasn't my fault guv! Best wishes Impecunious!
  10. After negotiating all month with the Council, they have finally agreed to take back my A/C for CT arrears that has been with Rossendales for the last 18 months AND with a monthly payment that is both realistic and sustainable. After eight months of paying Rossendales direct, I got fed up with their peristent correspondence campaign, steadily increasing threats for additional payments, removal of goods, commital to prison etc. etc. and tried paying the council online from August 2009. Unfortunately, my reference number wasn't recognised and payment was not accepted. However, since August 2009, I have religiously set-aside the monthly payment until such time as the council agreed to take back my account from Rossies. I feel I can now breathe again. I'd like to thank all my fellow CAGgers for their support and for the knowledge gleaned from each of their individual threads. There is life at the tunnel, you just have to be totally dogmatic and focussed and stay positive. Thanks again. Impecunious!
  11. An HCEO would possibly advocate that ALL the above is payable!!! :O) :O) Oops sorry - mustn't tar all HCEOs with the same brush. Impecunious! I don't why know I'm laughing - I have an outstanding CCJ for over £26,500 that HCEOs might just try collecting!! BUT as PT says - you can't get blood out of a stone!
  12. I wrote to a DCA/solicitor recently informing them that I had a HUGE CCJ (much bigger than yours ), no tangible assets and lived in fully furnished, shared, rented accommodation. Letter came back - account now closed - no further action!! Sensible!!! Good luck -- PT will offer you sound advice. Impecunious!
  13. Sorry - no precise time limit -- if the HCEOs really want to earn their fees, they'll persevere til they get what they want. I'd hunker down for the long haul. It might be a good idea to write to them asking for a breakdown of their charges, etc. Don't phone them - its just too stressful. Once they realise that there's very little chance of them actually collecting any payments from you they may desist. My creditor arranged a Hearing to Obtain Information -- that was really stressful but at the end of the day realised that there were no real options open to them for viable enforcement. No point suing a "man of straw" - no assets, no insurance, no hope - and even less point enforcing payment. Total waste of money all round. Sorry, I digress. I suggest you do some research on HCEO's - lots online. But at the end of the day, if you haven't got it - you can't give it to them! I'm sure you'll get great advice on here! Impecunious!!
  14. Hiya I'm in a very similar position to your own. HCEOs don't have to give advance written notification that they've been instructed to collect payment and their fees tend to be extortionate,e. literally hundreds of pounds each visit (this is made of a percentage of the amount owed). There's a saying that it's relatively easy to get a judgment but enforcement is only possible if the judgment debtor has assets. Really it's down to the creditor to assess your ability to pay and consider which enforcement options to be the most appropriate. The creditor has transferred the CCJ up to High Court as its over a certain amount (£600?) for a fee of about £50. (Writ of Fi-Fa) If you hadn't been able to stick to your original repayment terms, you could have returned to the court to have the order varied to take account of your reduced circumstances. As far as a I know HCEO's although they have more incentive to collect payments, they are still only allowed to gain peaceful entry, so keep your doors and windows closed/locked and don't allow them entry. Easier to do if you work from home but with commercial premises that's not usually possible. Keep any vehicles away from your home. If you manage to stave off the HCEO's and don't pay them anything, then the account will eventually be returned to the crediitor who will have to pay the HCEOs a nominal fee of say £60. I'm sure other CAGgers will give you more precise advice. Take care. Impecunious!
  15. Check out the Rent a Room scheme - declare your income and you should be entitled to first £4-5K/year tax free. Definitely keep it legit - but don't forget to check out your mortgage agreement - you may not be allowed to "sub-let"! Advise Council Tax too - nothing worse than ending up in the brown stuff! Impecunious!
  16. This was in Chester - sorry I have no idea what the regs are in your part of the country. They may not be so different. One thing the council did bring up was whether the mortgage allowed a close relative to rent the house -- apparently, it doesn't really but what they don't know! If you can prove that you have paid a reasonable monthly rent each month for the time you've lived there and its backed up with a rental agreement, I can't see what your Council's concerned about. Perhaps appeal their decision and make a complaint. You may want to ask CAB or Shelter for their advice. I'm sure this happens regularly. Best of luck! Impecunious!
  17. I'd suggest you post your charges here - with a little more information I'm sure lots of people will be able to offer you good advice. I'd be tempted to take them to the small claims court if you have a case!! Take no prisoners! Impecunious!
  18. I had to claim Housing Benefit whilst looking for work just over 2 yrs ago. I rent my home from my daughter and son-in-law. I was given HB after I signed a declaration to say that the rental was on a purely commercial basis and that if I failed to pay rent, etc. that my son-in-law wouldn't hesitate to take legal proceedings against me! Perhaps try speaking to HB again! Impecunious!
  19. I don't have any tangible assets apart from my monthly salary but living alone I have high "protected earnings" and lots of outstanding debt so Attachment to Earnings order unlikely. Impecunious! (Girlie!!)
  20. I didn't have anything as formal as a template letter. I had to attend a hearing to obtain information last August - the CCJ was for c. £28,000 - they asked me to make an offer -- I said £1/month - they said it was "unacceptable" - I continue to make payments of £3/quarter whether they like it or not. They can't take what I haven't got and, to date, they haven't made any attempts to enforce payment. The National Debtline advised me to complete one of their Income and Expenditure sheets (it allows you reasonable latitude with your spending) - then it shows you how to work out what you have left over to pay priority debts (and what they are). After priority debts come credit debts - and basically they are way down the list! Once you've worked out your budget, you can then find the templates on here - I think they can be found under DCA template letters and offer whatever you can afford. Even if they ask, don't send DCAs a copy of your I&E - it's none of their business. Only YOU know how much disposable income you have each month to repay debts. Hope this helps but there's always plenty other CAGgers who will offer you great advice. Main thing is NOT to worry - life is far too short. Just do what you can and stick to your guns! Impecunious!
  21. There is hope - even with Bryan Carter! I received a letter from BC last week - threatening FINAL letter before court proceedings on unpaid debt - re: Lowells who had bought it from someone else, etc. etc. I wrote to BC informing him that as I already had HUGE CCJs that I was repaying at £1/month, another one wouldn't make any difference to me. I was surprised, to say the least, when I received a letter almost by return saying that in light of the new information, no further action would be taken and my account would be closed. End of!! Nice one BC!! Impecunious!
  22. There is hope!! I received a letter from Bryan Carter last week threatening final notice before court for unpaid account. I merely wrote back and informed him that I was currently paying back HUGE CCJs at £1/month. In light of this information, he stated that no further action will be taken and the file is closed. That was easy!! And very unexpected. Impecunious!
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