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  1. I have a lot of debt. I can't go bankrupt willingly as CCCS said I should, as I will lose my rent agreement on my house and I have 3 children, the eldest is disabled. I paid all my debts solidly, (borrowing from Peter to pay Paul) until a couple of months ago. I sold everything I had to pay for them as well. Now I've just stopped paying as I can't do it anymore. I have nothing left to sell. I have also recently been diagnosed with Bipolar-disorder and, yes I spent an awful lot of money during my highs, which I then tried to recuperate by selling during my lows. I now have my partner looking after all the money (benefits now), but it is in my name as I have to be the one to claim it. I have personally £20 per month to pay for anything personal, which will include my debts that I ran up during my highs. How can I explain to the creditors/court that the money that comes to me in the form of benefits is for my children and partner as well, and not just mine? As if you look at the money that goes through my bank, it looks like I have enough to pay my debts, when I haven't. If I changed cetain benefits to my partners accounts would I still have to say this was mine on the budget sheet? Can anyone please give me any advice on this, as I haven't contacted any of my creditors since I stopped paying them and really need to try and sort this out. These debts have been totally run up by me and not my partner- who now looks after the money so we have enough!
  2. To keep it as short as possible I have managed to help my partners son to get as far as a Final Charging Order on his Uncle's house- his uncle ran off and spent the family inheritance. I have now received a General Form of Judgement stating: Before District Judge xxxx sitting at Bury County Court, The Court House, Tenters Street, Bury, BL9 OHX. IT IS ORDERED THAT 1. The Person representing the Claimant, namely the Mr xxxxx, having no locus standi before the Court the Charging Order made herein on the 25th October 2012 is revoked and the contents of the oral exam executed on the 17th October 2012 will be struck from the record. Dated 8 November 2012 At no time have I represented the claimant other than help him complete forms and served orders on the defendant. All applications have been signed by the claimant and we used my home address for convenience. At the Application for a final charging order I was given permission by the District Judge to speak on behalf of the Claimant who was also present (I also have a temporary General Power of Attorney) - answering one question about costs. The judge then made the order final. I had no knowledge of any hearing to revoke the order. Can I complain to the court? Advice appreciated. Chris
  3. Hi all, Please may I stress before i write and ask what i need to ask that there is NOTHING 'dodgy' about this thread im after soem genuine advice. Ok, so my partner is still living with her husband/ex husband and the divorce will be complete in january. She has 3 children by him and I have one from another relationship. I have a 2 bedroom house that of which the second room is my daughters, and I have my daughter quite regularly. Her ex husband has said that once the divorce is complete he wants her and the three children out. She doesnt want the house as she cant afford it and he has agreed to buy her half (even though she technically doesnt own it as she has just found out her name isnt on the deeds or mortgage, she is only entitled to it through the 'marital home' rights), but due to secured debts etc she will walk away with nothing as her small equity she has will go on them. So she considered applying to the council and stay in a hostel until they offer her a home on the basis that she should be a priority in band 'a' and get somewhere rather quick. However, from my previous experience she is more thank likely going to be given a flat. So, if i was to put her up and the children bearing in mind I dont really have the space nor are we ready to move in together, but also dont want to see her in a hostel, would they still see her as a priority but slightly lower ie band 'b' but thus meaning she could bid a bit more freely for a home and pick and chose what she applies for like houses as opposed to being just given whatever comes available? I just dont want to see her with three children 10 floors up in a flat. Not that theres anything wrong with that but just with young children it wont be easy. Also if she was given a hostel, do they ask tenannts to check in and out of a night time to ensure they are using the accomodation?
  4. Please help , i have recieved today a General Form Of Judgement Or order it is demanding payment for : 1 £7689.23 to be paid by 10th December 2012 2 £671.80 to be paid by 10th December (this is for costs ) as you can imagine i cannot pay this ,what do i do now , i am so worried , thanks for your help
  5. Hi, I know all this is my fault but any help/advice anyone could give me would be great. On Saturday 10 November 2012 I received the above letter in the post that states - Before A Proper Officer of the court sitting at Leeds County Court. Upon reading a ;letter from the claimant IT IS ORDERED THAT 1The order to attend court for questioning is ajourned generally with liberty to restore. 2 If not application is made by 4:00pm on the 7th May 2013 then the order to attend court to be questioned will be struck out without further order from the court. Dated 2 November 2012 Can anyone tell me what this is? I have had a CCJ set by Santander and I have not paid it due to been out of work. I'm now back in work but have not paid it. This is the first correspondence I have received. What does it all mean? Should I of been in court (I didnt know if I should of been). Will baliffs now be round to my parents house? What do I do?? Any help would be great... Thanks in advance
  6. Hi all This is my first post for a while and somewhat difficult to write. Firstly, and I guess thats why I am writing, I am trying to come to terms with my situation. I seem to have overstretched myself over the last few years - a common thread I see on here and I am staring into the precipice wondering how to prioritise things from my side. Firstly a breakdown of everything; Mortgage £2400/month (Woolwich) Barclay Loan 1 £9000 Barclayloan 2 £10500 Opus (yes.... a Citi group stitch-up) £14000 MBNA £7000 Barclaycard £7000 BoS Card £3900 (account closed and repaying the balance - from 2009) Barclays OD facility -£15000 With regards to my situation, I work offshore and am paid in Euro's. Unfortunately, the rate has meant I have taken somewhat of a kicking in recent months. I earn well but have seriously over-reached. I earn good cash (€11k/month) but its being swallowed up with these b****y repayments. Having missed the mortgage for the first time this month, I need some advice and welcome the opportunity to turn to the CAG'gers. With the sacrifice I make in working away from wife, kids and family, we should have more to show than a bloody heap of letter at the end of the month. At the risk of sounding complacent, I am aware of the problem, just more the need for assistance in proposing a solution(s). I know bankruptcy would be an option (likely) as I can see more defaults heading my way. I just have the biggest reservations about turning to debt management companies as they seem to take more than they offer and prey on the situation. In retrospect, the mortgage ends its ridiculous rate of 6% next April and this will drop the repayment by £600!!!!! That said, my absolute priority is to keep a roof over the heads of the family. I have contemplated putting the house on the market and feel the need for material possessions (and relinquishing them) might ease us through this. I estimate equity of around £75k which would wipe the slate clean, however, is reliant on a buyer for the house..... ultimately. I woefully regret the situation I am in but am done feeling sorry for myself. Its time to act. Can anyone suggest the best way of tackling this? I really would be grateful of any help. Having read the forum for years, its an amazing tool with great minds contributing to it. If anyone has any advice, it would be gratefully received - and thanks.
  7. Hello All, In 2011, I took out a one year warranty for my dishwasher with Domestic and General. This would cover me for any repairs needed in that period. I paid monthly instalments and had paid in full in April of this year and my year policy ended shortly afterwards. I checked my direct debits in August of this year and I noticed that D+G were still taking payments from my account. I contacted Domestic and General and I was told that the warranty auto renewed and that is why payments were still being taken from my account. I never wanted the warranty to auto renew and I never did expect it. Domestic and General told me that they had sent me auto renewal documents in March of this year. I NEVER received them and if I had received them I would have cancelled the policy. Last week. I asked for the warranty to be cancelled. (I never used their services in the period of unknown auto renewal I did not know a warranty was in place!) and I was told it would be and enquiries would be made with respect to direct debits being taken for a warranty in which I did not know existed. I then cancelled my direct debit arrangements - (I know I should have checked and cancelled the DD earlier but knew nothing about the auto renew!). Today, I received a very worrying letter stating I owed D+G the full amount for the year and no refund. I again contacted D+G. I was told the letter I had been sent was in error! However, I would not be sent a refund for auto renewal and payments already made. A complaint has been made. Here is the warning: Domestic and General WILL auto renew domestic appliance warranties even if you NEVER receive renewal documents. Its in the VERY SMALL small print in their terms and conditions that you will receive auto renewal documents and if they do not hear from you, they will renew it. If you never receive the auto renewal documents and do not contact them as a result - Domestic and General WILL take your money. Customer Services from Domestic and General apologised for the worrying letter sent in error. However, they refuse to pay back the money for a warranty that I did not want and did not get notified about. I did not receive any renewal documents. D+G state that their warranties (because not worded as insurance policies) are not regulated by anyone (not even the FSA/FOS) and as such are taling money from customers even after renewal documents are not received by the customer. Shocking customer service and I recommend D+G are AVOIDED! Thank you for listening.
  8. I am writing to see if anyone has experience of taking D&G to court, and if you could offer any guidance please. My ex-husband took out a policy with D&G on an appliance in 1998, before I moved in with him. When we married in 2000 we added me to his bank account, making it a joint account. When we moved house in 2005 I discovered the policy and contacted D&G, notifying them that we no longer required the policy and were moving house. I provided them with our new address. Foolishly, I assumed that this would be actioned. When I noticed an unrecognised monthly DD in 2007 I investigated further and discovered they had not stopped the policy and had continued to take payment. I contacted them again and asked them to cancel the policy and refund the interim fees. The agreed. Again, in 2008, I noticed that this had not happened. If this seems irresponsible on my part, I agree - however, I work very long hours in a management position and find it very difficult to stay on top of things on a regular basis - I take the time maybe once or twice a year to do a wholesale check of my accounts. I contacted D&G again and was told that it would be stopped, and that I would receive a full refund. In 2008 my marriage fell apart and I have spent several years going through a fairly messy divorce, just now coming out the other side. I recently noticed the fee was still being taken from my account and, once again, contacted D&G. This time I have received a very different attitude - they won't admit that they have done anything wrong but have offered to refund my fees from my last complaint in 2008. I have requested a copy of my full file in order that I can go through it in detail to identify whether I have grounds to take them to court, which I believe I have. However, given that it is my responsibility to check my DDs I was wondering if anyone cud advise me as to whether I am going to waste time and money..? Thanks in advance.
  9. hi all I'm after a bit of general advice really - i was under an iva until about 3 years ago ago when it failed. Since then most creditors have passed the files on to dca's and i have payment arrangements in place. There are 2/3 creditors however that i have had no contact from since my iva failed, all of which i'm pretty sure i paid ppi on too although not necessarily on the outstanding debts. I'm in 2 minds as to either let sleeping dogs lie as im not getting chased for the debt or whether to start a ppi claim. Do you think i will "awaken the debt" by making a few enquiries? I dont have any reference numbers or details so would have to request these first. Also i cleared a loan in full with one of the lenders about 8 years ago but still had an outstanding credit card from them on my iva - would they be able to "keep" any claim from the loan to put against the credit card debt? Thanks
  10. I was just wondering if there's ever been a case in history where the CRA's were issued with a gagging order? AN example I thought of is people with acute agoraphobia. Generally, it's the fear of public places, but it can also be the fear of exposure to public. I happened to see something on TV in Portugal regarding something like this as it lead to the suicide of a woman, taking her three kids with her. The portuguese law changed and if a person is distressed enough, in such unique cases, a gagging order can be issued for CRA's. However, people under this order were issued with a Financial Administration order, which is where the state (or whatever) administered their income and/or financial dealings. It'd be interesting to find out as I was reading about the debt-related suicides which some of the DCA's are instigating with their somewhat unorthodox practices.
  11. Looking for some advice before I do some aspects incorrectly. I am claiming PPI. I have downloaded the FOS rolling credit calculator and I am aware of the FOS forms to send to originators of PPI, just need to clarify one or two points. 1. Do I approach the originator of the credit, even if they have sold debt to DCA, I presume I do but just checking. 2. Do I hit PPI and unlawful charges at the same time. ( I am aware the calculations are separate in their calculations and on separate forms) or do I claim PPI first then go for unlawful charges. 3. I had a Debenhams store card that was opened in a rush, the PPI was added, she thrust the application form at me and put crosses where I sign, I cancelled when I realized but was diagnosed with cancer shortly after so it was 3 years before I cancelled. Debt was sold to Link and I am paying back monthly but having done my rolling credit, once the PPI is off the card went into credit and would have stayed in credit if it were not for interest and over limit fees etc. So do I draw attention to this or just claim PPI for now? And once again do I go to Santander who sold the debt or Link who will probably equally ignore this one. 4. How much info and what do I send in with my claims? Do I send the calculations form in with my letter or not. I have all statements to all my accounts ( I never throw financial stuff away) oh and I was employed by my own company at the time, and was also being treated for cancer when most of these cards were taken out. Thank you so much to whoever replies. I have spent years literally not knowing what I was taking out but concentrating on getting better, now I am, I am fighting back, and have just worked it out that if by some miracle, I got my PPI and my unlawful charges back I would be debt free! If only!! I will certainly make a donation to this site if I start getting any on this back.
  12. Hope that someone out there can point me in the right direction as far as my debt is concerned as it's beginning to get a little overwhelming. I ran my company for almost 25 years and it eventually went bust about 5 years ago due, in the main, to massive technology changes that we weren't able to cope with - OK, I took my eye off the ball and we went down big style. For the first six months of setting up the new company, we lived off credit cards whilst trying to pay off debts from before. This mean that we were trying to take far more out of the new company than it could afford and, consequently, it went down in January of this year. I should say that the main losers in our unfortunate situation has been HM Revenue, rather than suppliers. I have managed to clear huge amounts of debt, eg £190k to Barclays, but am left with debts to HSBC, credit cards and Brittania Moorgate (ex Egg loan) and I need to get a feel for any possibility or opportunities that I can use to justifiably mitigate these debts in any way. HSBC are both secured loans - secured one week before my company went down originally, but that's another story. Total outstanding is probably in excess of £145k and, apart from my house, have nothing left to sell. The company is making a profit - and that's always been the case - but we cannot just keep bleeding it dry or it will happen again and, at 59, I really can't allow that. Any advice people?
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