brother vs CCJ

[heather79]

hi, my brother has attended court for a CCJ, in scotland, the judge basically told Black Horse and himself to sort it out between themselves. a month later and the sheriff officers have been at his door demanding payment. he is currently out the country for a month and i have used a templet on here to offer them £50 a month, and if they cashed the cheque this agreement would stand. they cashed the cheque. as i was acting on his behalf after saying he was out the country for a month they have written back saying that as he has given no authoriation for me to act on his behalf then they will not discuss any details (which i understand) they have also said the cheque which he sent them (it was actually a chq with my name on it).

 

black horse have rejected the £50 even after cashing the cheque. within the letter i sent them was " i enclose a chq for £50 on behalf of "mr ???`s" behalf on the understanding that if this is accepted this will be his monthly payment from now on, with all interest frozen on the account so he can pay the actual debt off.

 

when the sheriff officers had been to his house i had called them explaining he was out the country for a month and i was acting on his behalf, they explained that i should write a letter explaning this and the offer of payment. my bro is back in a couple of weeks and would like to know what he does from here, they have threatened further legal action and they are looking for a substantial payment proposal.

 

sorry about the long post but im at a loss what to do to help him get this set up for the £50 a month. thanks

[Edz11]

Don't understand the "sort it out amongst themselves bit". courts don't do that. What did the court order actually say.

[heather79]

im unsure thats what my bro said lol. he offered them £50 at the court and they rejected it at the court as well. i think the judge wasnt really interested as he had probable seen that many people that day.

[Edz11]

well it's all down to what the order says. You need to find out by contacting the court.

[heather79]

okay ill tell him to phone the court and find out on his return. knowing my wee bro he hasnt told me all the facts. its seems as if hes got debts upon debts coming in and aint doing anything about them. but im trying to help him out as best i can and with the help of this site

thanks

[Edz11]

That's exactly what I assumed...

 

Sit him down and get him to list all (and I mean ALL) his debts. Then we can start to look at which ones are enforeable and which aren't. You need a copy of that court order though!

[rory32]

As Edz states we can't advise until we know what the decree (the scottish equivalent of a ccj) stated. Currently it is unsure whether one was even granted - although if sheriff officers are involved it is highly likely that one was.

 

They are correct in that they can not discuss the matter with you as this would be in breach of the Data Protection Act unless they have a document from your brother authorising you to act on his behalf.

 

Also we would need to know the details of the debt (as it's Black Horse it's likely to be some sort of loan). Once we know these details we can start to look at what options are open to your brother.

[heather79]

hi, my bro has now returned from his holiday. yes the black horse was for a loan. Spoke to him and he said he had offered £50 at the court hearing. the judge said it was a bit low but he enphasised that was all he could afford and the judge told them to sort it out between themselves. he has now written to the company offering the £50 and i have advised him to send another chq for £50 for the 1st March. he has several other debts one to scottish power for £829 which they have passed to a debt collection agency and they are threatening court proceddings etc. do i cca them. would it be advisable for him to change his electricity company at this stage. they have also said that following the letter a debt collector will be attending his home at the cost of £35.

 

he also has 2 other debts 1 to lloyds tsb and one to RBS (about 5 years old) these are both with fredrickson Int ltd. i have cca`d them and with regards to one of the debts they have acknowledged his letter but they have asked him to phone them asap. i have advised him not to.

 

at this stage he has given me his bank card and he only wants a minimum amount of his wages every week so i can sort his debts out for him.

[CourtOfficerSpeaks]

For starters, Sheriff officers can't enforce CCJ's in Scotland, or vice versa, so check the facts there. With regards to the amount, you most likely applied for a variation order (where the judge rules the amount you pay etc) - If this was thrown out, it was because the judge didn't need to rule how much money was owed. He has probably therefore told you to send your own proposals to the sheriffs (i.e sort it out yourself).

 

Remember a sheriff can reject your offer on the basis that the claimants aren't happy. Therefore make sure when you send them your offer, you include a finance breakdown.

 

As your his other debts, pretty clean cut really, don't pay them and judgement will be issued, or they'll be passed to a collection agency who can write their own fee scale pretty much.

 

Also don't ring anyone, write only.

 

You should be able to act on his behalf as long as you get a letter of authority to the companies. (Signed by your brother)

 

NOTE - The only reason the sheriff wants you to write that your brother's out of town is so they can report it to the claimants and get it closed (as they prob think they won't get any money!) - hence they get an abortive fee.

 

Also, remember sheriffs can take further action if the matter is not paid. If they're involved - there is definately a CCJ.

[Edz11]

AS above - but the LLoyds and TSb should be CCA'd and without prescribed terms they're unenforceable. Did you CCA the one that went to Court? If you did, what did you get back?

[rory32]

he has several other debts one to scottish power for £829 which they have passed to a debt collection agency and they are threatening court proceddings etc. do i cca them. would it be advisable for him to change his electricity company at this stage. they have also said that following the letter a debt collector will be attending his home at the cost of £35.

 

This debt is not covered by the CCA and the DCA can't lawfully add the collection charges to the account.

 

There are a number of energy trust funds available, unfortunately Scottish Power seem to be one of the few who give grants to projects rather than individuals (the trusts were set up to help people out of fuel poverty). There may be a grant available to your brother to help him pay his fuel bill. Your local CAB will know if there is one available and, if there is, should have the appropriate forms to fill in to apply.

[heather79]

hi no he never CCA`d the one that went to court, can he still do that this now? i didnt know there were grants available for the scottish power well look into it.

[heather79]

hi all, can i have some help urgently. i cca`d 2 debts that my brother was being chased for from fredrickson ltd. now letters have came from bryan carter about these. one they have acknowledged his lloyds tsb debt and it is currently on hold and the other 2 rbs they are threatening court action. now i have checked royal mail and the RBS was signed for (no electronic proof as yet). he has until the 28th to repond. the chq for the rbs one has not been cashed. do i cca Bryan carter? thanks

[heather79]

hi, following a letter to bryan carter and co saying that the account was in dispute etc etc, they have now passed the debt to Apex (formerly BCW group) and have sent it to my mothers address. i called up as if i was my mum and informed them that he did not stay there, they asked what his address was and i said i would`nt give it out as they should no that information as the previous company fredrickson ltd had been cca`d and they should have all the information. i also said that if they proceeded to send letters to (my mothers address) then i would be cotnacting trading standards about them. they are now by there 12+2 days and heading fast to the 30days. what do i do now, do i sit it out until the 30days is up and then take all my informtion to trading standards even though they have moved the debt to another company. still waiting for the credit agreement.

 

an update on the CCJ black horse, we sent a chq away for £50 as promised when we 1st contacted them and they have cashed it. they have now cashed 2 chq for £50 and black horse have personally written to him saying this isnt enough. would a covering letter be suitable to say this is all he can afford at the moment and will review in one years time at a possiblity of increasing the amount and enclose his finacial expenditure.

[heather79]

im bumping this as i need advice re the rbs debt

[heather79]

my brother received a notification through his door from the sheriff officers saying he has not to sell anything in in house and he has not to sell his house re his CCJ vs black horse. black horse had written back to him saying the £50 was not enough but have also sent a pay in book. they have now cashed 2 x£50 chqs. where does he stand on this. we are going to go and see trading standards today for help on this as i seem to be getting nowhere and dont no how to help him next.