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Everything posted by impecunious

  1. Am I just being ultra-sensitive but when reading these posts, I've sighed every time I've read the term "defendant" -- do we mean "judgment debtor"??? Thanks Impecunious!
  2. Plodderton I do appreciate your comments but could I please ask you to delete previous messages relating to pi claim. Many thanks!! Impecunious!
  3. Hi Plodderton Yes - we did go a bit off-track but thanks anyway for your comments. I do feel very hard done by but the only saving grace is that since attending a hearing to obtain information in Aug 2009, when my impecunious state was clearly evident, no enforcment proceedings have to come to light as yet. I realise that it would have to be transferred to High Court to HCEO for enforcement (if they go that route) and the thought of HCEO charges is enough to bring tears to anyone's eyes. BUT, basically, at the end of the day, if you haven't got it - they can't take it from you. I think I might be right in believing that although this HUGE CCJ is still outstanding from Aug 2009 along with the smaller CCJ in respect of set-aside costs from Nov 2008, that any Council Tax arrears will take priority as far as repayments are concerned?????? Thanks Plodderton Impecunious!
  4. Hi Plodderton Thanks for your interest. The set-aside was November 2008. The p.i. claim was in respect of injuries allegedly sustained at the rear of an empty property I owned at the time. The insurance cover had been compromised and because correspondence had been sent to the empty property instead of to a corresondence address - I was unaware that the insurance had been cancelled. Through my present employee and friends (who are solicitors) I was given free legal advice - but no-one believed that the set-aside would be refused. The original claim was lodged with the court just 1 day inside the 3 year statute of limitation after the alleged incident and it was generally thought that they were going for an easy judgment by default - believing that I had insurance and considerable assets. The claimant's barrister continually told the judge that she believed I was hiding "considerable assets" - when in reality - I had spent any money I ever had supporting my now adult son who was diagnosed as having paranoid schizophrenia psychosis, depression and panic attacks f9 yrs ago. On investigating the scene of the alleged incident -- it was obvious that the metal bar that the claimant states cut his face protruded from a party wall at the rear of my property at a height of some 4'10 from ground level- the claimant stated that he had walked into it -- he is 6'3 tall!!! If I had walked into the metal bar - and I'm 5'3 - it would have struck my upper arm! In addition, the metal bar was actually embedded between my next door neighbour's wall and our shared party wall ......... the claimant would have been better advised suing my next-door neighbour - whose property he had been visiting at the time of the incident and who was his employer. In view of the above, the whole case seemed a total travesty to me ..... I'd welcome your views. Impecunious!!
  5. Hi Plodderton Thanks for your comments. In the case of the p.i. claim - judgment was given by default as ALL the paperwork re: case was sent to my old address. Apparently a tracing agency "found" me at my "new" address (that I had been living in for almost 3 years) just 7 days before the court hearing. I naturally applied to Set-aside the judgment as I had no prior knowledge of the alleged incident, had not received any paperwork and had no time to consult a solicitor or work on a defence etc. (and no funds either - not eligible for what used to be called "legal aid" and illegible anyway cos it was a personal injuries claim.. The set-aside was declined (something to do with the correspondence being sent to my last known address) and an order issued for costs - at that time c.£650. (Remains unpaid). I could not afford legal representation for any of my three appearances in court and appeared as a litigant in person. As I mentioned, quantum hearing was heard and claimant was awarded £26,000+. I did not receive a bundle before the quantum hearing - the solicitor had only sent it to me on the Monday night before the case was heard first thing Wed morning. (I still have not received the bundle and even checked with the sorting office - nothing had been undeliverable.) I was completely in the dark during the quantum hearing - BUT, in saying that, the judge spoke on my behalf and I believed him to be v. fair and he "held my hand" the whole way through the hearing - allowing me time to read through a copy of a "borrowed" bundle before I questioned the claimant. The whole thing has been an incredibly harrowing experience. I was completely amazed to find out that the claimant's solicitors or anyone appointed by them had not even visited the site of the alleged incident to ascertain topographical evidence, etc. to support his claim. They merely took his word for it. Obviously because my set-aside was declined, I could not offer any evidence in my defence. Seems that justice, in some cases, is only possible when you can pay for it. I'm hanging onto the belief that it's comparatively easy to get a judgment but it's not always enforceable, especially when you have no tangible assets, a modest salary and overwhelming debts. It's a horrible feeling to have this hanging over me - but I have to learn to live with it. Impecunious!
  6. Thankfully not fluffy bunny - just overwhelmed by debt - massive CCJ in respect of recent "spurious" claim for personal damages in the sum of some £26,000+ - that I could not appeal due to lack of finance. The claimant's solicitors didn't have the good sense to check my ability to satisfy a claim for personal injuries BEFORE they had judgment in their favour by default. That's no win no fee solicitors for you! My disposable income after basics and arrears is non-existant. Impecunious!
  7. Some advice would be much appreciated. My account for council tax arrears from 2005-2006 nas been with Rossendales since October 2008. I have refused to deal with them and tried paying the council directly online but system won't recognise the reference number. I have therefore set aside an amount each month since last year to pay the council direct once my account is returned to them by Rossendales. I have been in correspondence with the council and they have threatened me with an attachment to earnings (they're not happy with my proposed repayment plan) despite the fact that I am more than willing to make regular sustainable and realistic monthly payments on which I am unlikely to default (given my present impecunious circumstances). I'm just wondering where I go from here. Impecunious!
  8. Hiya - yes - have been trying for the last 7 months to pay them online but the reference number they gave me is not accepted. I have asked the council on 3 occasions to provide me with the reference number and a copy of the liability order - yesterday, I asked again and gave them 14 days to comply - then FORMAL COMPLAINT to their Chief Exec. Impecunious!
  9. Thanks Tomtubby I thought that was the case! I am refusing to deal with Rossendales who have had my account for the last 17-18 months (without gaining peaceful entry or levying). I'm waiting for the account to be taken back under council control - NULLA BONA -however, the council are refusing my payment plan. I've tried paying online directly to the council but the reference number is not recognised. I'm continuing to set aside an amount each month to send to the council (for last 7 months). The council have stated that my repayment plan is unacceptable without even knowing my monthly income and expenditure. Every penny of my monthly salary (and more) is accounted for. I regularly state to the council that I am a "can't" pay - not a "won't" pay and I feel that, given my financial circumstances, that the amount I set aside is realistic and sustainable and one on which I will not risk defaulting on. Thanks for your reply. Impecunious!
  10. Just a kwickie! Does anyone know how long a Liability Order for unpaid Council Tax is valid for? I believe that my Liability orders were issued in September 2008. Thanks - your replies will be interesting. Impecunious!
  11. Hi Mooney I'd suggest that the levy was unlawful in that it included a hoover - equipment used for cleaning is exempt from levy. I hope someone can concur. I believe because levy is invalid that all charges have to be refunded. Impecunious!
  12. Thanks Debbbbsy Yes, I make sure I make the token payment regularly. I'm really not too worried about having a CCJ and a poor credit rating, as I don't want credit for anything and won't be buying a property again. I only have another 8-9 yrs working life before statutory retirement kicks in, so I can't really see much improvement in my finances for the foreseeable future. I feel sorry for the judgment debtor but his legal team should have checked my financial status before taking me to court. Any enforcement would be futile and cost him money - I agree. Still not a good feeling though. Impecunious!
  13. Thanks Docman As far as I know the court hasn't passed any comment on my inability to pay anymore than a token £1/month. I haven't heard anything since from judgment claimant's solicitor either. I've been told so many times that it's easy to get a judgment but enforcement is more difficult. As far as I know, the claimant has not yet attempted to "enforce" payment. I was told in court by the barrister that personal injury claim and student loan would still be extant if they decided to take the bankruptcy option. This was confirmed by the NDL but they did not quote chapter and verse. The claim for personal injuries was won by default - as all paperwork prior to court proceedings was sent to old address and despite Application to Set Aside, Judge ruled in claimant's favour. The claim was "spurious" to say the least but, unfortunately, I did not have the finances to pursue an appeal. I quite literally hate the thought of this hanging over me but, there is no way on God's earth, I can find £30,000. Impecunious!
  14. Looks your family would come under the "vulnerable" status - due to your children's disabilities. Don't panic -- someone will come along and explain in more detail. Impecunious!!
  15. HCE's comments are always good for a laugh Fridges, washing machines, kettles, most basic furniture - can't be taken hostage anyway ........... we're not living in Somalia! Impecunious!!
  16. Steve Sorry, I was assuming it was for Council Tax arrears -- can you tell us what debt is outstanding? It may affect the advice you are given. Impecunious! I believe that if the car is on HP that it's technically not yours until the final payment is made, therfore unlawful levy. The bailiff can easily find out if the car is on HP. Talk to your HP company. Impecunious!
  17. Hi -firstly, try not to panic!! I believe that a bailiff may climb over a locked gate/wall/etc as long as he doesn't cause any damage . He may levy on your car if it's parked on the driveway. However, if your car is on HP or you are not the owner, the levy would be unlawful, in which case all charges associated with that levy would be unlawful and would have be refunded. If the car is yours, then that's another ball-game. I believe he can lawfully levy on the car and apply charges. Make sure that you keep ALL your doors and windows locked, DON'T speak to the bailiff - it is not unlawful NOT to deal with the bailiff. Did you receive a liability order from the Council. Did they inform you that the case had been sent to the bailiffs? Impecunious! Steve Someone more knowledgeable should be along soon. Just DON'T let them into your property - for whatever reason. Impecunious!!!
  18. Just a quick thought - is there a time limit on WPOs being valid? 6 months?
  19. It's quite possible that a high percentage of your income will be considered "protected earnings" - and if you have more than one attachment to earnings you can apply to have them consolidated. There is information out there if you delve a little deeper. Good Luck!! Impecunious
  20. Another thought - if you are both unemployed and receiving benefits (and with young children) - would you come under the umbrella of "vulnerable persons"? If you are in receipt of benefits, advise the Council in question, they can only deduct a certain (small) amount from your benefits. I'm sure someone with much more knowledge will come along soon. I've been "dealing" with Rossendales for over 14 months now. They have never come into my home or levied on any goods (car, etc). I have only dealt directly with the council (much to their annoyance) but they can't refuse my payments. I only pay what I deem I can afford without defaulting. Best of luck! Impecunious!
  21. The charges definitely look wrong. If they've only visited once, they obviously can't charge for two visits, plus a levy charge. I believe that should only be about £10-12 for the levy charge. I think your kitchen table is an essential piece of furniture but they may be able to levy on your kitchen chairs if you have other chairs/sofa sufficient to meet the requirements of your family (if you have one). For example, if you're married and have 3 children - the bailiffs would have to leave you with seating for 5 people. What other items are listed on the levy?? Impecunious!
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