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  1. My son is 24 years old and is living at home. He is not working or claiming and has nothing of any value. His old mobile company has a CCJ against him and he has received a court letter today to say they are sending bailiffs in 5 days time. I am really worried that they will try to take our things and I dont know how to stop them. He really has nothing but his clothing. He has a diagnosis of ADHD and Dyslexia and clearly has social anxiety issues. He has a degree and worked for 18 months after finishing it but was so badly treated by his employer that he resigned, sold anything of value and ran away to Asia for a few months. When he came home, he didnt sign on as he couldnt honestly say he was looking for work. I know how dramatic this sounds but he is terrified of going back into the workplace as he ended up bad at the hands of his past employer. We have tried and tried to allay his fears and he isnt work shy but has a genuine mental illness. We have finally got him to agree to try a part time job but he hasnt got one yet. He has absolutely nothing, we are supporting him entirely and trying to help him psychologically . Its really hard work and now this! Can the bailiffs even come into our house when the debt is not ours at all. He is now saying that he sees no option but to go homeless. Obviously as his parents and as he is in such a vunerable position, we would never throw him out but i dont want the bailiffs in my house. What do I do?
  2. Hi dx, yes i have claimed off Natwest before. What has happened this time is that a friend said she had got a cheque for miscalculated ppi redress so I decided to ring Natwest and chance my luck . I was told the redress from a couple of years ago had been calculated properly but... I hadnt claimed on all the policies we had had with them. One of these dates back to 1993!!! The charging order is still on the house but the court also ordered the repayments set at £70 a month. I just read the old thread and saw what it said about notified arrears. Well, the payments for this order are up to date so there are no arrears. Would this suggest they cant offset against this debt then? Also, the question re our entitlement to the interest? Thanks for your help
  3. Hi all, I know you must get asked this a million times but i cant seem to find an answer though I am sure I have seen this before. we have just had an offer of around 2k for PPI redress from Natwest but because the policies were so old, a good half of this is the 8% interest. We do have a large CCJ (8K) with Natwest which is subject to a court ordered payment of £70PCM through Dryden Fairfax solicitors. I have 2 questions 1) Can the bank offset the returned premiums against the 8k 2) I read somewhere that the y had to pay the statutory interest direct to us and couldnt offset that. Am I right in thinking that? I have a leaky roof and could really do with the money to sort it out. Thanks
  4. Thank you for this WindySock. Just typed up and will send off today. I have sent a cheque for the pro rata payment to them so the court can see I am trying to pay them just not the £25 they want. Again, thanks
  5. I completed the claim form and sent them a copy of the budget and the next I heard was the Judgement after determination. Has a base been missed?
  6. I was paying through a DMP and then everything went wrong within our family - illness etc so couldnt afford the DMP. Admit I buried my head in the sand a bit as i was overfaced and then they went for a CCJ. I responded to the claim forms with an offer of payment as i had decided to face things head on and the offer was pro rata working off the budget created with Stepchange. Just received judgement with offer refused Have still sent them the £5 regardless but what particularly niggles me is that all other creditors have agreed affordable repayments and most other debts exceed this one.
  7. I recently completed claim forms re a debt being administered by Restons Solicitors for £770. I am in the process of setting up a new DMP with Stepchange and working off the budget figures and our other creditors, I made an offer of £5 per month. I received a judgment for claimant today saying the claimants have objected to the rate of payment and the court have awarded them £25 per month. I dont understand how they cant understand this is not possible for us atm. We did provide the budget sheet for Restons to show the £5 offer was all we could afford. What can I do now? Can I go direct to the courts to ask for a redetermination or is there another option. Any advice would be gratefully received. Thank you
  8. Ok, think I have got it now thanks. Btw, I have also been reading about cca's. Before I sort out payment amounts for the other creditors or even for this one, is it worth doing that. Am I right in thinking that they cant take any further action whilst I CCA them. Also, if they dont have the correct paperwork, even with a judgement in default, can they enforce anything. This is all so confusing. hen I can get my head clear with my route forward, I will stop bombarding you guys with questions. Like I said previously, I really appreciate your help.
  9. Hi Andy, I do have a defence in that I didnt receive the claim form but I figured from what I have read (and maybe misunderstood) that I wouldnt get too far with it as my address has been the same for so long. I am probably frustrating the site team but I just dont understand what to do next and of course have very little money to deal with it all. Any advice is really appreciated.
  10. Thank you for the reply. Tbh, that appears to be a problem as I guess even I would question the claim form going astray and it is probably the most common defence. Ok, so bearing that in mind and the likelihood that I cant submit a defence that would result in a set aside, what other options do I have. I am so confused!
  11. I have the judgement sheet with the forthright payment. Do you mean the claim form? Just taken a look at the SAR link, please excuse my ignorance but why would I need that? What do I need to do re CCJ?
  12. No, I havent moved at all in 20 years! BH were aware of our address as were Marlin. I have had some correspondence from Marlin and I was aware we needed to restart our payments to them (if you recall, we had a dmp which due to my daughters illness became impossible to keep to). We are in the process of setting up a new dmp and I have listed the debt to BH on the initial paperwork. There is no good reason for the court claim forms to have gone astray but I do find it strange that the 'good' paperwork that Natwest sent to us recently was returned to them as not known at this address when it did have the correct details on it. We have in the past received correspondence for a street with a very similar name in our town and we have gone and given it to the correct people so that could be something but the new correspondence from Natwest arrived safe and sound yesterday even though it was addressed exactly the same as the first time they sent it. I just know that the court are going to think 'oh yeah, that old chestnut' but it is true. With regards to the debt and its escalation in value, I still have the old dmp details from the last payment to BH and that balance is 2.5k less so that in itself is strange. Is it possible to have the CCJ cancelled somehow on the basis that we couldnt defend it and even if that isnt possible, can we get the balance looked at? I havent a clue what steps to take next and although Step Change are being helpful iro setting up a new dmp, they dont seem to understand the law and their advice is always different dependent on whoever answers the phone. My experience of CAG has always been much more positive and you guys always seem to know what to do next. Thanks for the help:-)
  13. Well, the judgement gives the claimant as Marlin Europe II Limited but the name and address for payment as Mortimer Clarke Solicitors Ltd. Both in Worthing though. Also, this debt was standing at 5k when we last paid it but the judgement is for 7.7k. Dont know how that works out though!! The court costs are listed as £540. What do I do next. Tried a few times to contact Step Change for advice but its so difficult to get them especially when I only have small pockets of time to do so when they are open and tbh their advice often tends to conflict depending on who you speak to. Trust this forum much more
  14. Yes or at least the single piece of paper has the claim number on it. It looks official and I have seen these before unfortunately. It has a solicitors name on it. Marlin were dealing before and that is who Stepchange would have been dealing with. What can I do now? Plus, the amount is massively inflated by about 2k plus from what we knew we still owed them. Any advice?
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