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Will Goodfellow

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Everything posted by Will Goodfellow

  1. I should add that they cannot force entry with a warrant of control for an order for recovery, which this warrant is. Where bailiffs are enforcing a warrant of control for a magistrates court fine they can seek permission from the court to force entry but that is rare.
  2. The bailiffs cannot visit unless you have received a notice of enforcement given you 7 clear days notice first. They can only charge a fee to visit you once so it's not in their interest to keep visiting. It might take time to get a response from your councillor/MP so be aware for now. If they visit lock your doors, it doesn't matter if you are locked outside with your kids, they won't hang around long if they can't see a car and you know they can't force entry. Take the kids to the park or somewhere for half an hour if they turn up (not in you car ).
  3. Bailiffs can't force entry with a warrant of control, dx100uk, it's not even rare, it can't happen where there is no controlled goods agreement that has been breached.
  4. It sounds as if you have a penalty for "Using or keeping an untaxed vehicle without a SORN" as it was spotted on the street. You now have a chance to settle the out of court penalty otherwise it's a magistrates court fine. If that is not paid, your vehicle will be clamped. If you are certain that you were not on the street mentioned, you can contact the DVLA and argue your case or plead not guilty in court.
  5. Keep your doors locked and do not let the baiilffs in, they have no right to force entry but can enter if a door is unlocked. If you own a vehicle, park away from your property so they cannot find it. Eventually they will give up, the debt will be passed back to Harrow council and the enforcement fees will be removed from the debt. You can then set up a repayment plan with the council to pay it in instalments.
  6. Did you claim the 25% discount only? If so, you need to claim a council tax reduction too if you have no or low income.
  7. As you are married and have been living together, if you divorce, he is likely to have a beneficial interest in the property even though the house is in your name. You also have a beneficial interest. His beneficial interest is a proportion of the equity in the property and so is yours. That proportion is calculated by a number of factors. The deposit from the sale of your flat will be considered and other contributions to the household while you lived together. Your beneficial interests could be split 65:35 for example in your favour. He could decide that he doesn't want his beneficial interest and give it to you. You can make an amicable agreement together but to make that legally binding, you need a consent order. If he claims his beneficial interest and you want to keep the property, you would need to' buy him out' or pay him his beneficial interest. That can be agreed with a consent order too. If you cannot agree what your beneficial interests are, you would need to apply for a financial order where a judge would decide in family court. At this point, if you cannot pay any beneficial interest he is awarded, you may need to sell the property in order to release the equity. You then can buy another property with your equity if you want to. Either way, you would need to speak to a family solicitor and either agree to a consent order or apply for a financial order. You can carry on as you are but he could claim his beneficial interest at a later date. Although it will diminish in the long term and as the house is in your name, he may lose it altogether eventually.
  8. It's a complex situation so not easy to help. Because you are a director, does not mean that you are not entitled to any benefits. Entitlement is based on your capital and income. You can do a benefit check online to see what you are entitled to: https://www.entitledto.co.uk/ What's the term left on the mortgage, are you joint tenants or tenants in common? Do you want to divorce or not? What exactly do you want to know?
  9. It's not illegal to park on double yellow lines for a while when loading or unloading. Also, there is another possibility apart from the van reversing, you turned too sharply and clipped the van.
  10. If there is no disposable income over £20 per month, there would be no income payments agreement/order and all debts owed at the time of the bankruptcy application would be written off, the bankruptcy would be discharged after 12 months assuming there is no bankruptcy restrictions order in place.
  11. Which fees are your referring to, can you link to the page? There shouldn't be a fee to submit either form. These are links to the TE7 and TE9: https://www.gov.uk/government/publications/form-te7-application-to-file-a-statement-out-of-time-extension-of-time-parking https://www.gov.uk/government/publications/form-te9-witness-statement-unpaid-penalty-charge-parking You will have to submit a TE7 and TE9 for each ticket. You will also need to have grounds to appeal for each ticket, not receiving the notice to owner is grounds to appeal. But you said that you received a notice to owner for one PCN and binned it, that is not a good ground to submit a witness statement It also indicates that you were parking where you shouldn't have been and ignored one ticket at least. Claiming that it's impossible to incur all of those tickets in one day is also not a good argument. It's possible if the tickets were issued at different times of the day with enough travel time inbetween tickets. Have you ever parked where the tickets were issued?
  12. Why does she want to renew the contract if she wants to move out? A new contract would mean that she is bound by the fixed term so would be liable for rent until the term finished. Because there is no renewed tenancy does not mean that she has no tenant's rights. The landlord still needs to give sufficient notice to evict her, and she needs to give sufficient notice to leave too. What that notice period is depends on what type of tenancy was originally signed.
  13. Start parking properly If you keep your doors locked, the bailiffs cannot force entry to take your goods. You might want to hide your car, though, unless it's essential for your work and worth less than £1350.
  14. A CCA request is only relevant where the debt is a consumer credit agreement, it's unlikely this is. What would be useful is a copy of the agreement which your son and son in law signed, then you would know what they are liable for if anything. If there is liability and your son in law is the guarantor, your son and son in law have joint and several liability. If a CCJ is granted against your son in law, a charging order on his property is a possibility.
  15. Don't pay anything until the bailiffs have given up and returned your account to your council. Keep the doors locked and don't let the bailiffs in. If you pay now, some of that money could be given to the bailiffs to pay their fees.
  16. Because the creditor or creditors can does not mean they will but there is no restriction which prevents a bankruptcy because a person has no assets. Disposable income is relevant too as creditors can enforce an income payments order where an agreement is not met which will last for at least three years. It can prevent certain types of employment and directorships amongst other possible restrictions, and also affects certain credit applications in future. Creditors may consider it a fitting consequence of the debt owed even where there is no monetary gain. It makes more sense for the mortgagee to apply for a CCJ in this case as there is more chance of monetary gain in the future. Although there is not much it can do if your friend has nothing to take.
  17. Repossessed properties often sell for less than market price but the mortgagor can argue that it has been sold at undervalue. A complaint to the mortgagee and then escalation to the Financial Ombudsman Service if it is not resolved is procedure. Having no assets does not necessarily stop a statutory demand to start bankruptcy proceedings. Whether or not the executive plan is affected depends on whether it is classed a pension or not and what type of pension it is. A future property purchase could be affected, depending on when the banktupcy is discharged or otherwise if a CCJ is granted. Don't forget the statute of limitations is six years for any interest owed after the sale but twelve years for any capital. A CCJ seems more likely even where an undervalue dispute is successful there is likely to still be a large shortfall.
  18. You shouldn't do that. After any priority creditors are paid, the estate should be distributed to remaining creditors on a pro-rata basis.
  19. It depends on her partner's income, possibly not. Carer's allowance is not classed as income in the calculation.
  20. There doesn't seem to be much point paying £50 to vary the order when Cloverfield has no disposable income to pay the debts of £8k plus in reasonable instalments each month. She doesn't own property, doesn't own a car as she uses her son's motability car, doesn't have disposable income over £50 a month so if the total debt is under £20,000, the £50 fee would pay more than half the £90 cost of a DRO. Even if the order is varied, one missed payment can result in enforcement action starting all over again. It's just delaying the process for a while.
  21. There is no point in applying for an instalment order if you have no money to pay, and no point in applying to set aside if you don't have grounds to contest the CCJs. Were the debts statute barred? Gather information about all of your debts and consider applying for a Debt Relief Order if you are eligible, this will write off all of your qualifying debts and you can forget about them. Although it will affect your creditworthiness for the next six years.
  22. They don't have a lot of choice but to accept what he offers if they cannot take control of goods. The builder can keep his door locked to keep the bailiffs out as they have no right to force entry. If his vehicle cannot be seized for whatever reason, they can't do much else.
  23. The amount owed for the full 48 months is £11,280, you are being charged £7,341 so you have not been charged the full amount of interest due over that period. As you only took the loan out 18 months ago, there were still 30 months left and not 18. Paragraph 2.2 of the Terms and Conditions also states: "Unless otherwise provided in this Loan Agreement, all payments will be applied to default charges, interest, then capital." So any payments which you make offset default charges and interest first before capital. Although as mentioned, the consumer credit act means you cannot be charged the full amount of interest if you settle the loan earlier.
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