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kernowlife

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About kernowlife

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  1. Just a quick question If the original creditor has not registered a default against you, would a dca (lowells) be able to? Background. I was with talk talk at a previous address. Having lost my job and being in rent arrears, I moved out of there and spent a couple of years in grotty bedsits till I got myself sorted. At the time, I wrote to talk talk stating I was cancelling the contract for the above reasons. 12 months on and I received letters from talk talk saying I owed them over £200. I queried this and was told, we never received the letter and there is nothing on the computer. After arguing for about 20 mins we were at stalemate. fast forward another 9 months and Lowell are chasing me for said amount. Having had nothing but trouble from them for years, I registered a formal complaint with them disputing the debt. After 8 weeks of "investigation" we have spoken to our client who state "We never received the letter and there is nothing on the computer" I have no intention of paying this because I did cancel. Incidentally, out of all alleged debts with them, Lowell have not ever received a single penny off me. I have no problem with ignoring them. however my concern is whether they can issue a default against me. Talk talk never did. I am so close to having my other defaults drop off my credit file and getting some semblance of financial normality that I am concerned this is going to screw it up for another 6 years.
  2. Its a Nazi Dictatorship when the people running the system can do things like this without going through a court of law and when you question them tell you that you have no legal right of appeal or recourse. I have no problem with paying maintenance provided it does not put me on the breadline. I came on here for advice, not judgement. Only one of you has respected that, the rest have treated me like another shyster trying to dodge paying Well thanks for that I'm out of here (not just this forum, but life)
  3. Welcome to the Nazi dictatorship of the uk. No wonder absent fathers are topping themselves
  4. The reason my case is ending is because they have told me that I will cease to be under the CSA and transferred to the new body. I believe this new body has the options you mention above. Are you seriously saying that they can deduct what they like from my wages without any legal recourse? Surely only a court can order that. I am living in the united kingdom not some 3rd world country. I was not aware that we are living under a Nazi Dictatorship!! To clarify, I have done nothing wrong, it was all on her side. She walked out on me! I offered to go to mediation to sort out our marriage. She moved straight in with her lover. I have spent the last 3 years trying to stay out of jail over the council tax debt that should have been paid out of our joint account. (We are talking about £4000 here by the way) Are you seriously saying that I am to be punished with no legal recourse, even though I am the victim here. If so, then I suppose I shall become another statistic. I might as well just end it all. (Although knowing this lot they will probably send bailiffs to my grave)
  5. I have recieved a letter from the CSA telling me that they have issued an attachment of earnings to my employer. Can they do this without a court order, since I can find no evidence of a court order/hearing in their paperwork. A bit of background. My ex walked out on me about 3 years ago. It seems she was playing away behind my back whilst I was working away from home, then walked out when I got local work. within days I was getting letters and bailiffs contacting me over unpaid debts, namely council tax. It was never my intention to avoid paying maintanance, however it has taken me 3 years to get these debts paid off and was about to start sending payments to her when this all happened. her new fella is financially well off and they run around in a brand new car while I am renting a cheap flat and driving a 12 year old banger. It seems that no sooner do I get one thing sorted then another comes up. I have asked for information regarding the court hearing but I expect to be ignored by these people again (As usual) Is this an illegal attachment of earnings order if it has not been issued by a court of law? Also they have made a 12 month order, but have previously told me that in 5 1/2 months my case with the CSA will end. Can they do this?
  6. Thats an interesting point. it is 2 separate amounts and 2 separate bailiff reference no's but as you say the same client ref no. Could be a possible argument against some of the fees. Just to clarify, All of these LO's were issued BEFORE the law changed in April 2014
  7. Would that still apply for the LO's issued prior to the law change in April 2014? Since all but one LO is prior to that date. It was just a thought I had myself, I'm not on any other advice site. Just here where most advice seems to be good
  8. Just a quick one here. Following my recent thread on bailiffs and fees I have a quick question/hypothetical idea As you may know, I have paid the balance off in full direct to the council's involved. The advice I have received is that the bailiffs "may" still chase me for their fees. Now my query is this. Since the original LO has been paid, would the bailiffs need to seek a new LO for their fees. My experience of bailiffs in the past is that if you make their lives harder, they will back off and seek easier targets. Having paid the council direct it is my impression that the original LO has been satisfied. The outstanding bailiffs fees are a new debt therefore a new LO is required by them. Is this correct?
  9. I don't know what all the fees are except that it hasn't got to the £235.00 fee stage. (5 accounts at £235 per time is a good screw) All I know is that the council's figures were a bit less than the last letters from Jacobs. I have to date not acknowledged these letters or spoke with Jacobs either by phone or letter. There were liability orders. The dates are as follows. Bailiff amount Council amount paid 29/07/2011 1222.76 1180.26 18/01/2013 428.00 136.50 15/03/2013 147.50 105.00 06/12/2013 806.12 28/03/2014 332.75 969.35 (Payment covers previous 2 LO's both on same ref from council)
  10. Hey all I'm back after a bit of a gap but I am after a bit of advice. You may or may not remember that I had a few issues with council tax arrears. Well I had a bit of a windfall and today have paid them all off along with a HB overpayment. I contacted the relevant councils and have paid them direct. However they are both saying that the accounts were with the bailiffs. The thing is the bailiffs had them listed as 5 separate accounts with 5 separate sets of fees. These fees have not been paid as the council only took what was owing to them. Am I still likely to be chased by Jacobs for fees even though the original debts have been paid in full? If so, are they likely to still chase them as 5 separate accounts? Are they likely to negotiate for maybe 1 set of fees? I only had letters from them, they never appeared at the door in my current address. Or should I just ignore them in the hope they will go away. I know in the past 1 bailiff firm gave up and returned the debt to the council. Are they likely to do this if they get no joy? To clarify, the outstanding amount on the liability orders have been paid direct to the councils. The bailiffs had no part in settling these accounts Thanks
  11. I believe I did take a formal caution. This I was told was an internal council caution and not a criminal caution. It did not show up on a crb that was done after the event.
  12. The overpayment was calculated after a fraud investigation and taped interview under caution. However it was decided that it was an error caused by my lack of understanding of the system and not fraud. I have already stated my income and outgoings and explained that the amount is unaffordable, but this woman from the council just comes back with "its a fraud case so we can do this." Even when I point out that after a few weeks, my rent arrears will mean I am evicted (arrears caused by this deduction)and there will then be no benefits to deduct from and still the majority of the outstanding overpayment. "doesn't matter,its a fraud case...we are doing this!!" Its like banging my head against a brick wall. Still no word from my current council. They are not going to deduct without informing me are they?
  13. Still waiting to hear from my current council. I really lost it with the old council last week. When I argued over affordability she kept coming back with "I can do this....its a fraud case!!" That's when I lost it and pointed out that I was never convicted or even charged with fraud. The council agreed I made a simple error. I suggested she be a bit careful in throwing "fraud" at me or she would be on the end of legal action against herself. I've not heard from her since
  14. Following email communication it seems that the old council are digging their heels in and are refusing to lower the amount they are going to take. The offer of £5 per week has been flatly refused. I have heard nothing from the current council to date which means I can't really start any dialogue with them yet. I'm guessing that I have to be officially notified prior to any deductions being made
  15. I don't have any references or account numbers to start making payments. Also, in an attempt to buy myself some more time, I have already defaulted on a payment offer. I have a whole host of issues including 5 council tax bills with bailiffs and a court fine also at the bailiffs. I'm also expecting more hassle from the CSA soon. I'm a classic case of burying my head in the sand and am now in so deep I can't see a way out. I've also lost my job recently due to too many points on my license (hence the fine) and can't get a other job until 3 points come off in September. I have no experience or qualifications in anything other than driving. I really don't know what to do
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