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  1. Just seen on HMRC site that it's IMPERATIVE that the document EX140 should only be used at court and not sent out to debtors. Should I write back explaining this and send in my own income and expenditure document?
  2. Thanks all. I wrote to them making an offer of £20 per month and on the same day I made a direct payment of £20 to them via BACS and set up a standing order. They've since written back saying my offer is not accepted but is being considered and I have a form to fill in which is an EX140 which is asking for what assets I have, how much money I have etc. Its very hard for me to fill in as I do a bit of casual work on minimum wage but I'm also a self-employed actor and if you are lucky enough to get a paying job, it's usually offset by having to pay for all the auditions you've had to travel to that are either not paid or you don't get! I've filled it in as best I can but its also asking me to complete my bank details - and as the form is to be returned to my ex-employer, not the court, I really don't want to give them my bank details? I can get a letter or print out from the bank confirming my balance but I really don't want them having my details? Can you advise me? Thanks again!
  3. Just one more question if you don't mind! Is it worth me making a payment with the letter so that it's obvious that I am willing to pay, just not able to make higher repayments? Sorry to be a pain!
  4. Thank you! I'll do what you suggested and see what they say!
  5. Thats put my mind at rest a lot. Thank you so much Brigadier2JCS.
  6. Thanks for getting back to me. Our house is in my husbands name. Our car is in my name but that's just because it was cheaper to insure it on my name but I'm sure we could change it to be in his name? Judgement just says 'pay forthwith' but the letter from my employers legal dept states "failure to make payment in full or alternatively make an offer to pay on on before Friday 28th March will result in further legal enforcement action being taken.." What will happen if they reject my offer?
  7. Hi there, thought I had posted this but it appears to have disappeared? Anyway, hope you can help. In March 2010, my employer advised me that for the second time in my employment with them, they had made a mistake and overpaid me for 2 years. (I had repaid the first overpayment which happened when I returned from maternity leave and changed my hours). This time, the overpayment was around £4K. I had adjusted my working hours for childcare reasons and had only dropped a couple of hours so didn't expect to see much of a change in salary. Further to that, I had received a pay rise so didn't notice the overpayment. Then in June 2010, they advised me that they had made a further mistake and the debt was now nearer £5k!. I agreed to repay £50 a month which they took as a gross repayment and I repayed £950 before taking redundancy. This worked out around £32 per month net. On leaving work, I went to college to re-train and therefore had no salary. I entered into discussions with my ex-employer who were demanding £60 per month net. I explained that I felt it was unreasonable for them to demand repayments that were double what they had accepted while I was in employment when I was not earning. I made an offer of £20 per month which they rejected demanding £30 which again I disputed saying that they could not expect me to pay the same amount of money that I had when I was employed when my circumstances had changed so dramatically. (The problem is that I cannot find this e-mail anywhere - a number got lost when I moved from BT internet to gmail). I heard nothing then until a letter came saying they were taking me to court; which I am embarrassed to say that I ignored. I have now had a letter saying a CCJ has been registered against me and if I do not pay by 28 March, they will commence legal enforcement. I work as an actor now but I have no regular income and am currently not working other than some casual front of house work at a local theatre but there is no guarantee that I will have regular work. My husband has an income so I am not entitled to any benefits but things are not good between us and I do not receive money from him as he pays all the household bills, mortgage and food etc. I don't know whether to just start paying them the £20 a month I originally offered or to apply to the court to get the judgement set aside. Can anyone advise me please?
  8. Hi all, bit of an update. Been complaining via my local councillor who has been very promptly forwarding my e-mails to the relevant department at the council. To be fair, by going though him, I've had replies much faster than going it alone so would recommend this course of action to others! Got to stage 1 and they basically just said they had a right to collect it, I owed it and that was that. I replied saying that I was confident I had paid it, they had made errors in the past in applying council tax payments to my account etc and that it was wrong that I didn't have a chance to defend myself against their accusation. Got a reply today saying that they had records showing I had only paid up until a certain date, they were confident this would stand up in court, but "as a gesture of goodwill" and considering the "small amount", they would waive the debt and recall from the bailiffs! Keeping copy of this e-mail in a locked bank vault for next 22 years! So, am happy with outcome personally but have written back to councillor asking him to refer matter to MP and try and get some kind of ruling on the matter once and for all. Thanks for all your advice guys and will keep you posted if any further news!
  9. This is so helpful guys. Thank you so much! Got another letter from bailiffs despite the account being subject to a formal complaint at Stage 1. Wrote back to my councillor who bounced it straight to the council and got a reply - not apologising, of course - but confirming they will keep the bailiffs at bay and it's being escalated to Stage 2 as we speak. Also contacted magistrates courts to ask if they have copies of these LO's issued back in the early 90's and the guy at court just laughed and even he was staggered when I told him why I was asking. The pieces about Gaults are very interesting as well as I'm pretty sure the council have referred my account to them at one point... Happy to go to LGO but am I right in thinking I need to exhaust their internal complaints procedure first. Also going to see my MP soon so going to bring it up with her! Thanks so much for all your advice, it's much appreciated!
  10. Just to keep you posted, I telephoned the magistrates office and asked if they had copies of liability orders issued 22 years ago. he just laughed and said No! In this case, the council cannot prove that they obtained a liability order against me - can they??
  11. Also going to ring magistrates court tomorrow to see if they keep records of liability order being issued - because if they don't; there's no proof that the order was ever issued??? Thanks all for your help - it's much appreciated!
  12. Thanks guys, there's some really useful info in there which I can put in my response. I think at least, if I can gather a load of evidence to prove their mismanagement, I can maybe refer to the local government ombudsman once I've exhausted their complaints procedure - which, incidentally, they've given me no information about at all!
  13. Ok all, I got a reply from the council which I've copied here. I've left off the detailed statement (which isn't that detailed to be honest!) Here's what they say: I can advise you that I am unable to provide you with copies of all correspondence previously issued to you. This is due as we do not keep copies of any documents issued to charge-payers and are not obliged to. However, I can provide you with a list off all correspondence previously issued to you at that time. All correspondence was issued to you at your last known address. Also included a detailed statement of your outstanding account. Type of recovery action taken Date of recoveryFinal notice issued18/10/1990Summons issued08/01/1992Liability Order granted23/01/1992Account issued to bailiffs (Gaults & co)17/10/1992Account returned from bailiffs - Gone away07/08/1993Request for offer letter sent16/08/1993Account issued to bailiffs (Madagans)28/02/1998Account returned from bailiffs - no effects22/09/1998Committal file created22/09/1998Hold - Attachment of Earnings in abeyance07/10/1998Forwarding address traced27/06/2011Request for offer letter sent27/06/2011Account issued to debt collection agency (Moorcrofts)12/07/2011Account returned from debt collection agency 24/04/2012Account issued to debt collection agency (Newlyns)22/05/2012 Regarding the period of time which has elapsed I can advise you that work has been ongoing to collect the debts owed to this authority ever since the introduction of Council Tax in 1993. I accept that, ideally, the Council would collect all debts as soon after the date they are due as possible. However, I believe that it is reasonable for the Council to request payment for outstanding Community Charge as the Council is legally entitled to do so. A Liability Order was obtained for your outstanding balance on 23 January 1992 and therefore granted within six years of the debt being due and cannot be considered statute barred or out of time. Unfortunately, I am unable to provide you with a copy of the Liability Order as the Liability Orders was issued to charge-pyers direct and at that time copies of Orders were not obliged to be kept. Concerning an Attachement of Earnings order; I can confirm that resources were avaliable to request Attachment Of Earnings Orders at that time and in fact this account was placed on hold as Attahment of Earnings Orders were in force against you for other years for Community Charge arrears. I trust this now clarifies the matter however if you are not satisfied with the response you have received at stage one, you can contact me within 28 days and I will arrange for a full and fair investigation at stage two within 28 days." Right, so obviously am not satisfied as it seems that they are just looking at their records and saying I owe this and they can't send me any documentation. So, if I write and say, according to my records I paid you but I can't send you any documentation, I can't see them accepting that?? Was wondering whether to contact the courts to see if they still hold the liability order because if they don't the council don't and I don't - then who can prove it ever existed?? Do you think that's a good idea or not? Secondly, got another threatening letter from Newlyns today stating one of their agents would call with no further notice, but when I rang them and had a little conversation, I was told that they are not allowed to remove property for anything other than council tax or parking fines. I said "What about community charge?" and he just repeated "NOTHING, other than COUNCIL TAX or PARKING fines" I thought that was interesting?
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