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ConsumerMark

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  1. A long story, but I lost my job around easter 2011 and since then have really been struggling. In the last 3 months, I have got on my feet and working shifts and doing my own trading which is building I have started to get back on my feet. However, I have received a notice of warrant of execution, thread here http://www.consumeractiongroup.co.uk/forum/showthread.php?376297-48-hour-Notice-Of-Warrant-Of-Execution I now realise that I have a lot more work to do and I am really worried about losing everything! I have always paid the mortgage and utility bills but I have other debts that have been neglected, I am in the process of getting my credit score and finding out how to fix it. card 7000 card 7000 card 7500 loan 15000 card 1000 overdraft 1500 card 500 loan 1200 NR 30000 (added to mortgage) When I lost my job, I stupidly signed up a company that were going to manage my debts using PPI and badly executed agreements. However like all things that seem to good to be true, nothing really happened and with me leaving things I have made it worse. On top of this, the costs have spiraled so where a debt was 500, it is now 1400 - I had asked lenders to freeze interest but they are in business and obviously need to make money. Im not sure what I should do first so if anyone has any advice or can give me links to the best place to start reading then please do. I dont have a magic wand to pay it all off (i wish) and im finding it hard to spare more than 50 a week at the moment, sometimes a bit more, other times less. Im not looking to avoid this, its my mess and I need to sort it out but I think that there is a more intelligent way to handle this than jumping to the lendors tune and id really appreciate any help from those that have been there and come through it in one piece.
  2. No, not high court. Am I pushing my luck for costs? Right now id be happy just to have xmas with the family without worrying eveytime there is a knock at the door! If I can sort this mess out and get a payment plan that would be a bonus.
  3. I spoke with the Baliffs office who werent that helpful, they said they wouldn't be visiting today and that I should call back when the set aside application was in place. Will the n244 not be enough to stop the warrant and if so what other step should I make? Do i need a n245 also?
  4. I cannot thank you all enough. One silly question, but should the set aside go to the local courts where the biliffs are coming from or Uxbridge which I assume is local to cap one?
  5. I think that the set aside is the best option as I think it will give me a chance to challenge the debt and hopefully get it back to the original amount as the interest is now bigger than any of these payday loan shark people! I tried to tell more about my circumstances, which i know isnt great but thank the lord I am bringing in some money. Is the set aside the way to go for me as I think the amount of the debt is so high.
  6. Sorry if i sound a bit thick, wll I am with things like this! If anyone cn help Id really appreciate it.
  7. Thanks for your help. Really appreciated. When I first started, I had a company helping me and they were going to look at PPI and correctly executed documents and said they would be able to negotiate lower rates. At this stage I feel that this has gone and I shouldnt have let it get this far. If anyone has been here then your option is also valuable. I also am self employed and very often dont have enough income to cover my mortgage and bills, I also have debts that I cant cover and some are more than this one. As I dont have accounts made up yet I dont know how I can prove this. With this in mind and sorry there is not more details, which is the better option for me? If it fair to say that the first option will give me more time to sort out my circumstances? I have also tried to call the bailiff directly but ant get hold of him, I have use of a car from family which is registered to someone else at another address, Im worried that this wont be here when i go to work tonight!
  8. Thanks for all of the help so far. I spoke to someone yesterday who was very helpful and I have written down as much as i could, hopefully this is enough for now. There was a judgement in the creditors favor which I have missed. Following on from that I should have made payments based on this order but haven't and so the amount has increased slightly. I cant find any official court papers, only threats from various companies that are making money from this. The lady said that she can not offer advice but if I decide to try to challenge this then I would also need to telephone the bailiff to ensure they dont come. I have other debts which also I cannot pay, in fact this has given me a wake up call and I am getting information collected so I can do another post. I really dont want to go bankrupt but I have a lot of money I cant pay! Can anyone please advise me if I should either pay the £200, or put in a set aside claim?
  9. Am I calling my local court or the one in uxbridge? It is a bit far for me.
  10. Hello Ell-enn, Ive been working all over the place for the last two years but my address is the same and my wife has always lived at the property. Can I send in a N244 to set aside the original judgement or am I wasting my £70 if I dont have a good reason?
  11. Thanks for all of the advice. The notice is from Uxbridge Ccounty court, but also asks me to pay at my local county court bailiffs office. There is a red stamp with the name and mobile number of a bailiff and hand written tomorrows date. The letter is dated 9th December so I guess delayed in the busy post. I assume that it has doubled due to fees. I see no mention of High Court Enforcement Officers, there is a headed note paper from local HM courts and tribunals service. ..not sure if thats a good or bad sign? I had no idea that judgement had been made so really not sure where to start and its hard to find conversations on here that are relevant, I think that rules and laws have changed a lot in the last few years as the advice seems to vary.
  12. I'm even more worried now, I though the county court bailiffs were generally good guys!?!
  13. Hi, new here but wish Id found this goldmine of knowledge before! I have received this in the post today, I have to pay 197.66 by tomorrow or they will remove goods. The debt is from capital one to cut a long story short I lost my job, made the mistake of getting a debt company to start helping me sent letters and said that the debt would be reduced as it was not properly executed then they disappeared and I didnt follow it up. Stupid I know. I have been reading forums and it seems that I should have received some sort of court order previously but looking at my post all I have received is a few threats but nothing else. I think that I can apply for a set aside but dont really know how. The debt was about £800 but has now doubled and I wont have the 200 before the end of the year. Im working shifts so wil probably we woken up in the day but is there anything I can do?
  14. Hi, I havent been able to get this site to work for ages, the password wouldnt reset, so I signed up with a new login today and now suddenly I am back to my old one. Sorry for lack of updates! In this case, I have spent months chaing the courts and resent the paperwork. Each time I speak with people they say that I havent paid my money even though I have receipt. On advice here, I send letter explaining in detail the problem, and it comes back with an note asking for a fee! Out of the blue, I recieved a phone call to say that RBOS had gone back to the 'original agremnt' and would not be pursuing a warrant. I have written to the court and rbos, but am still in limbo.
  15. I am really not sure here. Morally, I have made mistakes and must fulfil those payments. However legally I know there is some leeway in the consumers favour but I havent been clever enough to understand my options. In my opinion all this ppi claims and pre-2007 unenforceable account stuff seems to good to be true. When I first lost my job, I communicated openly with all creditors and used a standard letter to ask for £1/month payment terms with frozen interest - some were very good, others (including capital one) were not so good. Do I remotly stand a chance of having any sort of case?
  16. evening consumers! just to say that this little episode is still ongoing! I sent the n244 in by email on the 15th Sept and also delivered a paper copy by hand the next day. I have email confirm and the clerk signed a receipt form. after hours on the phone, no one at the court knows what it going on. Im worried that the bailiff will lose patience and im also worried that if this goes to court it will annoy the judge if the banks fancy barristers make it look like me were employing delaying tactics. i know that this is an unusual case, but does anyone know what i should do? is sitting back the right thing or what? i really dont know now!
  17. After a long time waiting I have recieved two letters posted through my door today. One is a form handwritten by a baliff asking me to phone him on his mobile. I still dont know why I have a charging order and a baliff. The second letter is a response from my local court in reply to my letter sent in june, although the letter is dated 22 August. This letter confirms that I have paid a fee and asks me to complete an N244, they do not admit that it has been lost but I think that this is what has happened. Not sure that this should happen in a court, it alls seems very strange. Do I now resend my N244 for a setaside? Can anyone have a look at what I sent and should I resend this or do I need to edit anything? Should I be cheeky and ask for interest on the fee? Thanks all for the help so far.
  18. Thanks MrZ. The court that issues the warrant (local court) has said that there is nothing that they can do. The court that processed the charging order and whom I sent my setaside too are impossible to speak to. Im not sure that the local court cannot do anything other than enforce this, Im not sure what the letter/fax should contain?
  19. I have spent a lot of time on the phone today and have not really found anything out. The local court confirms that baliffs are on the way and say there is nothing they can do to help. Northampton also said they cannot help. I am trying to call the court who processed the charging order and who i lodged my set aside with but the number 0844 892 4000 seems to be a hub that is constantly engaged. I have sent an email chasing up the setaside to the email address on the court website and am considering sending a recorded letter to the court and rbs solicitors office but not sure where else to go??
  20. MrZ , thank you for advice. The set aside request is not several months old, but I think that the fact that this is now at a third court doesnt help matters. There was an interim charging order earlier in the year following the default judgement. Further to this there was a full charging order granted. I will feel a lot better when I speak to the court in the morning and I now have a better idea of what I am asking.
  21. I have no idea, nothing I have read on here is similar situation. They have not tried to negotiate a payment of any type so Im really at a loss.
  22. Thank you for the help, I have read through those links in detail. It seems that an n245 is my only option, although it doesnt strictly seem to fit the circumstances. Looking at my setaside application, I dont think that I did ask for enforcement action to be suspended, here is my application... http://www.consumeractiongroup.co.uk/forum/showthread.php?288992-Late-to-defend-a-County-Court-Claim-from-Northhampton&p=3358924&viewfull=1#post3358924 I am at a loss as to any other options to pursue the set aside, it seems that the time and money was wasted?
  23. Thanks for the help. It is a notice of issue of warrant of execution. If I dont pay the full amount today, goods could be removed from my home. I tried to speak to someone but they close at 4, so will tru monday. Should i fear the worst??
  24. I hope that someone can help!!! I have received a 48 hour notice from a local court, but dated today. I am sick with worry that the baliffs could knock the door any second! The last conversation was that the court would be in touch with regards to my setaside and not this. Im really not sure what to do so any advice I would be very grateful for. Thanks.
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