Jump to content

jason987

Registered Users

Change your profile picture
  • Content Count

    27
  • Joined

  • Last visited

Posts posted by jason987

  1. Thanks Andy

     

    I have got a letter from the land registry in the letter today from them it's a B136(co)

     

    Application to register a restriction

     

    So had this decision been made or had it got to be made in court on the 23rd Nov ?

     

    I have a sheet which says interim charging order n86

     

    The application will be heard at 2 pm on 23rd November 2015 at the county court when a judge will decide whether the charge created by this order should continue ( with or without modification) or should be discharged .

  2. Hi all

     

    Well time has flown the last i heard about this was start of August when i put a complaint to rosendales about the way they acted,

     

     

    i got a letter back saying they would investigate my complaint.

    That was it nothing since..

     

    Until today when a Order for recovery of award was issued..

     

    It states that on 23rd nov the court has been booked for hearing ..

     

    What happens next ??

     

    Please help

     

    Jason

  3. Use this

    http://www.consumeractiongroup.co.uk/forum/showthread.php?387363-You-know-nothing-of-the-Debt-Prove-It-**Updated-21st-April-2014**

     

    and maybe add

     

    "And as you are acting in a Debt Collection capapcity and not baliff....... (Last paragraph of this one) http://www.consumeractiongroup.co.uk/forum/showthread.php?387366-Harassment-amp-Threat-of-Doorstep-Visit-**Update-21st-April-2014**

     

     

    Remember that they cannot act in a baliff capacity without a CCJ being awarded against you. For that to happen they have to take you to court for the debt. AS you have already paid it (Please have a receipt somewhere) that would be a good day out. THEY have to prove the debt exisits, not you disprove it. SO save your energy arguing the debts existence until they (AND IF) issue court proceedings.

     

    Hi thanks for that but i haven't paid a penny yet a I'm just not sure i owe it !!

  4. Taken from their website !!

     

    The Key Components of our recovery processes are:

     

    Portfolio Segmentation

    Bespoke lettering campaigns and strategies

    Predictive dialer capability utilising blend and IVR technology

    Full call recording ensuring PCI DSS compliance

    SMS text messaging to improve contact rates

    Doorstep Recovery with nationwide coverage

    Online Client Access to allow real time updating of accounts

     

    umm

     

    True you are both right its just wanting to get the facts across ..

     

     

    What out of that letter would you both use ?

  5. Legal Aid Agency


    PO Box 325

    Rossendale

    BB4 0GF

     

    Ref: *********

     

     

    Dear Sir/Madam

     

    Ref my telephone call tonight about my alleged outstanding debt of £7877.44, as mentioned on the telephone I have no way at this time to pay the debt in full.

    I however can make a gesture payment of £2877.44 leaving £5000 to pay, which I could pay £500 per month for the next 10 months. The payment would be made by direct debit on the first day of the month.

     

    Before any of the payments are made I will require evidence that this amount of debt is owed “I.e. what has been taken into account to reach this amount”. I have never received any sort of bill or even a letter from the legal aid agency stating that I have to make a contribution of any amount. While in court it was never mentioned by the judge or my legal team.

     

    It also seems strange that the first I ever got told about the contribution was two years after conviction, when you (Rossendales) wrote to my wife, this of course was more than 21 days after the end of the proceedings which denies my statutory right of appeal and also the letter being from a private company and not from the assessing authority which means the inferred liability may not be genuine. Taken from {http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?168-Bailiffs-and-High-Court-Enforcement-Officers/capital-contribution-order.htm}.

     

    I have also familiarized myself with the Financial Conduct Authority (FCA) consumer credit sourcebook, which states the following rules.

     

    "A firm must not ignore or disregard a customer's claim that a debt has been settled or is disputed and must not continue to make demands for payment without providing clear justification and/or evidence as to why the customer's claim is not valid." 7.5.3

     

    "A firm must suspend any steps it takes or its agent takes in the recovery of a debt from a customer where the customer disputes the debt on valid grounds or what may be valid grounds." 7.14.1

     

    "Where a customer disputes a debt on valid grounds or what may be valid grounds, the firm must investigate the dispute and provide details of the debt to the customer in a timely manner." 7.14.3

     

    In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

     

    Furthermore, ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

     

    I would ask that no further contact be made concerning the above account unless you can provide evidence as to my liability for the debt in question.

    Should this not happen, I will have no option but to make a complaint to the Trading Standards Department and consider informing the FCA of your actions.

     

    I have forwarded a copy of this letter to:

     

    The National Courts Team

    Legal Aid Agency

    Level 6

    The Capital

    Union Street

    Liverpool

    L3 9AF

     

    I look forward to your reply.

     

    Yours faithfully

  6. I am now going to write to rossendales with a payment plan (my wife dosent want the stress of it all

    and a couple of requests from them to provide evidence i owe the money..

     

    Would somebody be able to look over the letter and see if it looks ok as I'm not good at this stuff?

     

    Thanks :)

     

    Absolutely.

    However if the Legal Aid Agency (rather than HMRC) do take it to the County Court : you are at risk of getting a CCJ and a charging order.

     

    Thats what worries me !!

     

    stop talking to them on the phones that's for sure

    they'll say anything to get money out of you.

     

     

    I still maintain there is no legal requirement to pay a powerless dca

    and unless you get a letter from HMRC that they WILL be taking you to court

    you can forget any stupid threats from a powerless DCA.

     

     

    dx

     

    I just worry the knock will come on the door !!

     

    Dear Sir/Madam

     

    Ref my telephone call tonight about my alleged outstanding debt of £7877.44,

    as mentioned on the telephone I have no way at this time to pay the debt in full.

     

    I however can make a gesture payment of £2877.44 leaving £5000 to pay,

    which I could pay £500 per month for the next 10 months.

    The payment would be made by direct debit on the first day of the month.

     

    Before any of the payments are made I will require evidence that this amount of debt is owed

    “I.e. what has been taken into account to reach this amount”.

     

     

    I have never received any sort of bill or even a letter from the legal aid agency stating that I have to make a contribution of any amount.

    While in court it was never mentioned by the judge or my legal team.

     

    It also seems strange that the first I ever got told about the contribution was two years after conviction,

    when you (Rossendales) wrote to my wife, this of course was more than 21 days after the end of the proceedings

    which denies my statutory right of appeal and also the letter being from a private company

    and not from the assessing authority which means the inferred liability may not be genuine.

     

     

    Taken from

    {http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?168-Bailiffs-and-High-Court-Enforcement-Officers/capital-contribution-order.htm}.

     

    I have posted a copy of this letter to:

     

    The National Courts Team

    Legal Aid Agency

    Level 6

    The Capital

    Union Street

    Liverpool

    L3 9AF

     

    Yours faithfully

  7. In this instance, Rossendales are simply acting on behalf of the Legal Aid Agency as a Debt collection agency and not in their capacity as Bailiffs.

     

    Until the LA have issued a claim against you - and they have won their claim and you have then failed to pay the judgment debt, Bailiffs cannot be instructed.

     

    I am assuming this "debt" is in your name only ? If the LA were to obtain a Judgment and then apply for a Charging order, it can only be a restriction on your share of the equity (should the property be sold).

     

    I would suggest you write to the Legal Aid Agency - provide a copy of your Income & Expenditure sheet so they can see that you are unable to make the payments they are demanding.

     

    It might be worth speaking with National Debtline and asking them to help you produce a Financial statement - the LA might be more inclined to accept that you are unable to just cough up the amount they are demanding at this time.

     

    I suggest that you stay off the telephone and keep everything in writing (unless you are able to record your calls) - that way you have a paper trail of how you have attempted to come to an arrangement with them.

     

     

     

    There is a free help line and they are open until 1pm on a Saturday - the sooner you make contact with ND, the better.

    Call us for free

    debt advice on

    0808 808 4000

     

    Monday to Friday

    9am to 9pm

    Saturday 9.30am to 1pm

     

     

    As this is not a Bailiff issue, I am relocating your thread to the Debt forums, you need do nothing, it is purely administrative and you will be able to find and post on your thread with no problems.

     

     

    Hi

     

    Thanks for the reply..

     

    Yes it is in my name only ...

  8. After reading the thread dx100uk posted it seem the person on that thread did not quite have 30k equity,

    the problem i have is even with a 50/50 split i still have more than 30k...

     

    Can anyone give any sort of advice as what i could write and who would be best to write too legal aid or rossendales even both?

     

    I did tell rossendales i would write a letter with a repayment plan but she said send it unless its cleared within 7 days then court ..

     

    Thanks :)

  9. If for legal aid for a Crown Court case where you were found guilty, and you have over £30k assets : then Legal Aid will be able to enforce recovery of their costs.

     

    How come you "don't have £8k" when you have / had assets over 30k .... Have the assets been dissipated?

     

    If you still have the equity in the property, would it be less costly to obtain a mortgage against some of the equity in the property, to settle this sum owed, rather than them e.g. obtaining a charging order.?

     

    The 30k is in my home and I can't get a mortgage due to recently coming out of prison and only working part time ..

     

    I will write some letters see where I stand

  10. Hi

     

    The letter has Legal aid agency written over it The address is

     

    Legal Aid Agency

    po box 325

    Rossendale

    BB4 0GF

     

    08447013962

     

    After speaking last night she said its not Rossendales taking me to court but the Legal Aid Agency

    and they will charge the dept against me house and include £400 fees

    and 6% interest until the dept is clear then i will have to pay to remove the charge...

     

    I fully Agree i took legal aid and lost the case and that i have over £30k in equity

    but its just the time scale of thing and the way they do the collection !!!

     

    I asked about payment plan and all she kept saying was can you make any sort of payment now even just a few hundred pounds ?

     

    I just don't know what to do as i don't have £8000 and can't get it....

     

    Thanks again

     

    P.s no baliffs are not mentioned

×
×
  • Create New...