Backdoor Lowell CCJ/CO - old Barclaycard debt - prob SB'd - Set Aside - Now Stayed

[bobneedhelp]

x20

yes I will post here and let you know immediately.

 

dca have not replied/responded to th CCA/Status Barred letter sent. I need to check if they received or banked postal order. By my counting the 12 working days is ending tomorrow. The dca have another 30days. What then?

 

if the dca have not supplied the necessary information's after 12+2 days for the CCA, then they have defaulted. WHAT THEN?

 

Anyone able to elaborate on this:

 

Quote

if the dca have not supplied the necessary information's after 12+2 days for the CCA, then they have defaulted. WHAT THEN?

[andrew1]

Anyone able to elaborate on this:

 

DCA's are in the habit of reminding us that they are 'not the creditor' and have to apply to the OC for the agreements. That said, even if that were true it takes them longer than 12 +2 days to come up with one generally.

 

However, that being the requirement under the CCA then 12 +2 days it is and if they fail, which most do, I am reliably informed that they require a court order - an order of the court to enforce the debt.

 

Sarah

[bobneedhelp]

andrew1/sarah

thanks for the explanation and help.

the dca has already applied for a charging order,

and then I have put in the N244 to have the judgement set aside and the hearing has now been adjourned to end October ..

 

. I have sent the CCA and Status Barred letter to them but I have not had a reply from them nor have they given me any of the information's asked for .

..from the CCA ..

..it's is testing and anxious for me not knowing in addition to my other dca's hassling me .

...phew .

..bump!

 

please anyone .

.coming to this tread

...can also goto my other thread ..

Quote

.Registered County Court Judgement

and read too

..and any help/advice will be more than welcome

...desperate, confuse and worried

..sick ..

.many thanks all

bob

[surfaceagentx20]

What's the problem here?

 

x20

[bobneedhelp]

x20

thanks for reply ...issue with my other dca ...will do as advice ..

[bobneedhelp]

Hi all ..and x20,

I have not received any replies from lowell portfolio ltd

- it's coming to a month since i wrote them the CCA/Status Barred Letter ..

.Is there something that I could do rather than just waiting .

...the unknown is stressful in itself ..

 

.I guess no replies from lowell can be good news or not?

 

How cna I find out if they cash the postal orders and if they did not

...then are they obligated to supply me the CCA information?

[gravitas]

Hi Bob

 

Not too sure whether this is what you want to hear but Lowell have a court order now saying that this debt is payable and they are enforcing the court order and not the agreement so they wouldnt need to provide you with a copy of the agreement under the CCA.

 

That said it would seem good business practice to provide you with it, what is the nature of your dispute on this? Have you no knowledge of the debt or feel it is time barred? im just wodnering about the significance of the agreement if you know that your built up the debt or feel it is stat barred?

[bobneedhelp]

gravitas,

I am not too sure myself .

..I suffered from stress and depression from around 98/99,

finally resigned from work and eventually stop paying .

 

..during the period of around 2000

- now

..i have been staying at different places and have been taken back to my birth country by relatives .

..well, to survive and have the support and help .

..it was only recently that i came back and built up courage to open letters and through CAG, dealt with the dca's.

 

So, I do not know what I owe or how much i owe

....it's been so long and I am only now getting the strength (with lots of help here) to deal with the issues at hand.

I think it is status barred and I wrote letters to this effect and also CCA as advised.

 

Last week,

I apply the N244 to the court and now awaiting a reply.

this is where i am now

..there is so much here ..

.and me worrying and stressful does not help

..i know ..

.but I will deal with this now,

one way or another ..

and hopefully I can come out in one piece and be myself again ...

 

gravitas,

as much as i can remember .

.debt was after my divorce .

 

i took all debt thinking it wold help my ex since children is with her .

.i paid from 92/93 until 2000/01

..or thereabout

...and after my resignation from work,

...things got out of hand .

 

..well, i was much wanting to keep alert and alive .

..and keep strong for my 2 children ..

 

.i know this is not easy but i like to come to the bottom of this .

.and if i really owe the money

..well, then i will look at it now that I am a bit stronger

...face it and deal with it ..

 

on the one hand I feel empowered and energy to deal with this

...however the more i read, and from the non-respond from dca's or dca's returning postal orders from CCA letters,

it leaves me wondering what esle I have not done .

.that I should .

..hence I am asking and asking for help ..

..which probably makes me a 'pain' to many .

..but I am trying darn hard and getting my brain in the right order .

...one day at a time ..

[andrew1]

on the one hand I feel empowered and energy to deal with this ...however the more i read, and from the non-respond from dca's or dca's returning postal orders from CCA letters, it leaves me wondering what esle I have not done ..that I should ...hence I am asking and asking for help ....which probably makes me a 'pain' to many ...but I am trying darn hard and getting my brain in the right order ....one day at a time ..

 

Bob, you need never feel like this...every one of us with few exceptions are here for the same reasons and at some stage have been exactly where you are. It is frustrating when companies don't reply, I've had that myself having written eleven letters over as many months trying to draw people out to answer our claims - all I can say is just bear with it, take everything slowly, keep asking questions and you'll slowly get the answers, it takes time to get to grips with some of these things, but it comes in the end with all these people pooling their knowledge and experiences . There is so much information already available on this forum, it takes time and patience, but believe me you are doing really well. Keep going, it'll all unfold for you.

 

That's just a pep talk...we'll have to go back over your thread to find out what you need so bear with us..

 

 

Sarah

[bobneedhelp]

andrew1,

thanks for the reminder and more reminders ... I greatly appreciate it very much ....and I will remember what you said.

 

I think the quiet period is the hardest and I just have to be patient and stay focus ... asking questions and learn ...

 

Have the hearing end of October for N244 to get set aside for Charging order - dca/solicitor have not replied to us on CCA/status barred letter - what else can I do?

 

Bump! All this waiting can be hard - I have been reading through various thread ...learning but at the same time, lots of information to digest ...and can be confusing .... the information is there ...so need to get my head focus ....keep it up ALL and thanks again

 

my N244 is end of next month ..when do i start to plan for this hearing? Is there an idiot guide for me about what to do and say in court ....help needed ....anyone can share their experiences ...and knowledge ...

 

bump.

[equinox747]

just thought i'd put this to the group: i know if a you owe a 'relative' or 'friend' some money they can put a chage on your home and be 'first come first served ' basis.so if you die, you know they will at least get something of your inheritance.

[JonCris]

Be advised that a creditor can place a caution on property without a CCJ & you may not discover it until you sell when you will be asked to satisfy it. This is particularly prevalent with local authorities & care home fees

[surfaceagentx20]

There have to be some 'ifs' and 'buts' you're keeping secret from us JC.

 

Otherwise, theoretically, I could whack a charge on your house, my neighbour's house and the Lord Mayor's house. In fact everybody could be whack happy, whacking charges on everybody else's house, with applications under The Charging Orders Act 1979 pointlessly passing across court counters for nigh on the last 30 years.

 

So what's the real deal here Jon?

 

x20

[bobneedhelp]

x20,

I am not sure what the real deal is

- as long as i can remember way back in the early 90's, loan was taken out, then following divorce in 92/93, defaulted payment, then my solicitor wrote to dca and agreed a list of reduced payments

. I was in employment then and paid whatever reduced payments until 2000/01 or thereabout as far as I can remember.

 

Because of divorce and financial problems,

I also had lots of problems at work, experience stress and depression

- was getting treatment, having medications for a period of time, seeing my GP (I am sure the doctors will have my records on my stress/depression.

 

For over2 years experiencing stress at work, etc ..

.i could not take it anymore and resigned.

 

That's when thing went downhill and I stopped payment

- no work, no money.

 

My family (8 brother and sisters) especially my brother, 2 nephews, 1 niece here in England and a few good friends rallied round helping and supporting me taking me in to stay with them for support and help.

 

You see, I come from to this country in 1979 for my training as a Nurse, qualified in 82' and worked as a nurse until 1989 and then I went to teaching nurses until I resigned in 2001 following my bout of stress/depression.

 

For over 20 years I dedicated my life working to care and help people with learning disabilities, their parents, teaching student nurses and all thid has gone due to pressure at work/stress/depression/divorce and from working under very stressful conditions. Things just took over and I did not know what hit me then.

 

All these years, I have been keeping alive and just living (so I thought) with help from family/friends (and I know they all have helped me and protected me).

 

Only recently, I found CAG and I read and read and begun this journey..

.my children has always given me support and all the time encourgaing to be strong.

 

I know I have to start looking at my life (well, I know everyone around me has kept me going all these years with positive encouragement, money to live on etc) and I know I should be strong being a nurse but stress and depression has a funny way of acting and I guess I was so engrossed with this that I became negative and more negative during the the last 6 years.

 

The amount of tears and sadness cannot be measured and it is not a pleasant experience to go through

- only now I am beginning to find strength and courage to face my own worse enemy(me) and I started to find myself and whatever problems I am having.

 

This itself is constantly a worry (on one hand i put a brave face to myself and my 2 children but on the other hand, inside me trembles with fear and mixed feelings) I can only reassure myself and look forward .

I am 48 years now, gets tired easily but I know I have to start looking at my life and learn to deal with whatever.

 

Eitherway, I cannot help myself with what I went through. It as taken me many years to get myself in some shape to be a little of myself again.

 

Since I came to the CAG, besides getting all this help and support from you and others, I have started to apply for a nursing job through an employment agency but I am not sure if I will get a job after being out for so many years.

 

But as said I do not even know what I owe and to whom. I just want to find out.

The end of the day if I find out from the court that I have to pay then I hope I can find a job again and start to pay whatever I can afford.

 

I do not know if there is any real deal ..

.for what it is worth ...

I am forcing myself to think hard and remember whatever I can

- I know I am worth it now whatever the outcomes maybe

- a very rude awakening but I am here. I am constantly thinking about this now and I guess I am dealing with it but the weak in confidence and doubt is in me

- and I know I need to be strong, whatever this strong means

....I am trying ...

 

x20,

getting my mind round this is my real deal

- this reality is both a nightmare as well as a relieve and i do not know exactly which is which at the moment.

 

Everyday i think and think about this and even more question comes into my head and I have little or no answers.

The letters from dca all adds on to this worry (I know there has been plenty of reassurances) and I am working hard, trying to tell myself to ease off.

Thoughts keep coming and I cannot avoid it

...the more I try the worse it gets.

 

All I know is I am awake (so to say) and I learning and remembering the past as much as possible and dealing with it one day at a time.

[JonCris]

There have to be some 'ifs' and 'buts' you're keeping secret from us JC.

 

Otherwise, theoretically, I could whack a charge on your house, my neighbour's house and the Lord Mayor's house. In fact everybody could be whack happy, whacking charges on everybody else's house, with applications under The Charging Orders Act 1979 pointlessly passing across court counters for nigh on the last 30 years.

 

So what's the real deal here Jon?

 

x20

 

 

Give it a try you'll be surprised just how easy it is.

 

Incidentally a caution is not a charge & should you find there is one & unlike a charge you can demand the alleged creditor put up or remove it.

 

Divorce lawyers do it all the time just in case the spouse flogs the house & does a runner to foreign shores with the proceeds leaving the partner with nothing

[bobneedhelp]

jon/x20

It did not happen to me with my divorce lawyer, the one i chose was not one which went for the jugular or for the kill but rather a labrador ( i chose this because I was thinking only about our kids then)

- basically i left everything to my ex

- house, taken on debt and she wanted custody of kids,

cars because I know fighting means pain and suffering for our kids and that I did not want to see.

 

After divorce, I pay what I could until I just could not and then forgot about it because I was like neither here nor there, just surviving if you can understand what I mean ..

..anyway, the charge order has been done and my hearing is end of next month.

 

Besides thinking and wondering what takes place at the hearing,

I have another dca (ccj) - case now transferred to my local court and awaiting hearing date.

 

The third dca have written 3 letters now (2 of them saying they will accept reduced payment and final one which came today says I have to pay or they will take further action. I was adviced not to reply to them despite the threatening letters.

 

About 6 weeks ago from today, I have written to all dca above with the CCA/Status Barred letter.

Their replies were either cannot supply requests because they have a default judgement

- ccj (which I now know is within their rights) and to this current one (Charge Order)

I have also received nothing from them and they have all returned my postal orders.

 

I am lost not knowing what to do next but will attend hearing and see what happens .

.. I am not sure what can be my defence .

..so x20, or anyone can help me to plan ...

 

x20, i have less than a month before the hearing

- at what stage do i plan for this hearing and what are the things that I can prepare for this hearing

- advice please ..

 

hi x20 and all

days are getting nearer to the hearing

- end of this month for N244 set aside hearing

 

...when do i start to plan for this and what do I say when I am there

...in my mind all the time and cannot get it out of my mind even if I try .

..so if can advice me on this please ...

.many many thanks

[andrew1]

Give it a try you'll be surprised just how easy it is.

 

Incidentally a caution is not a charge & should you find there is one & unlike a charge you can demand the alleged creditor put up or remove it.

 

Divorce lawyers do it all the time just in case the spouse flogs the house & does a runner to foreign shores with the proceeds leaving the partner with nothing

 

A Caution can only be put on if the Cautioner has an interest in your assets. It can be a nuisance because if you have a mortgage and want further monies from a loan then the lender may insist you clear the caution to enable them to have clear title. However, you would be notified by the Land Registry of any such attempt to register a Caution although sadly the Land Registry are just like Credit Reference Agencies and give you little chance to remove it other than by proving the Cautioner has no right, Guilty until proven innocent, One was put on my property by an ex employee and I was duped into the circumstances which lead to its registration, however I left it there having exhausted LR complaints without success and it sat there for seven years depreciating until I required finance and I had to pay it off in full as a condition of the loan which p**ed me off no end, so whilst it is not a Charge as JonCris states, it has much the same effect. I am somewhat sceptical of JonCris's assurances that this can be done willy nilly, although I bow to his experienced knowledge.

 

One can leave a Caution almost forever without satisfying it should you so wish and let it devalue into oblivion. They are an irritation, and can be a big irritation too.

 

As for Preparing Bobneedhelp, it's never too early and the earlier you prepare the better you understand, the better you look at all angles, the better you deliver your defence, the more questions you ask, the more answers you get. Just like asking friends around for dinner, - Prepare - it goes well, leave it til the last minute - panic...

 

I'll leave you in the capable hands of Jon & x20 now though....

 

 

Sarah

[bobneedhelp]

Andrew1/Sarah,

 

Many thanks for the explanations - so if the charge is allowed then I will have to pay all claims once i sell or if i am force to sell then i pay back all claims ..bumps! Will deal with this when it comes then!.

 

As for planning for hearing, I have been thinking about it since x20 have helped me in August. x20 is still helping me through this despite his highly busy schedule ..and now Jon is here too to advice ..many thanks Jon

 

To remind myself what I have done so far:

1. Applied N244 and hearing now end of this month (Oct)

 

2. Written to dca/solicitors with CCA/Status Barred Letter in August (they have not replied or supplied me with any information's (statements, agreement etc). Have they have defaulted? or not? if they have defaulted - WHAT AND HOW CAN I PRESENT THIS AT COURT?

 

2. Allege debt as far as I can remember was in late 80's and defaulted in 92/93 after my divorce. I had work then and with divorce lawyer writing, agreed to prorata payments - made all payments until 2000/01 - but around 98-2001/02 ...had lots of work pressure and stress, dca always asking for more and more money then even though I had not change job etc ...went into depression and resigned from work late 2001 - no money so stopped payments. During this period (family, friends all chipped and helped out to keep me going so I was literally here and everywhere staying with them for support, hence focusing on myself and lost touch with debt (well, under the circumstances my mind was just to live and forget then!).

 

House was bought with deposit by family and repayments contributed by other family members (mother, sisters and brother's - have 2 brothers and 5 sisters) - so that is why I have a house to live in and also my 2 children can come and be with me whenever - children are now 17 and 19 and I must say they are my greatest children - their undersatnding and support, help given and still supporting me is immeasurable - I have been putting up brave face for them all these years ..and over the last 2-3 years ...they have helped so much in looking after the house when they come weekends (they live with my ex since my ex wanted custody when they were small and I just agreed because i know that fighting custody is not good for children growth and develpment - so as hard as can be, I was at a distance and keeping close and regular contact with them - now they are bigger and responsible, they helped me through a lot more than they can ever imagine.

 

It took me all these years to begin to find myself and relearn to be ME again. In this relearning process, it is worrying but I know I have to see this through to the end. I am making every attempt to fight this and start my life again. I have lost all confidence and having this additional support and help from CAG has allowed me to move on with MY LIFE once more - and I know it will be worth the effort either way.

 

It has been so long that I am unsure when i really stop paying. All I can remember is I have not pay them after I resigned from my work.

CAN THIS BE CONSIDERED STATUS BARRED? If it is, HOW CAN I PRESENT THIS AT COURT? If not then what's next?

 

If I have missed anything or you (anyone) need to ask me questions which might help me plan for this hearing ...PLEASE ASK and I will answer all I can.

 

Thanks.

[JonCris]

Andrew I'm fully aware how it's supposed to work in an ideal world. What I'm pointing out is that the LR will allow the placing of a the caution WITHOUT seeing any actual evidence of that interest & the home owner may not discover this until selling

 

As late as last XMAS I was involved in just such a matter which was reported in the press

[surfaceagentx20]

What I'm pointing out is that the LR will allow the placing of a the caution WITHOUT seeing any actual evidence of that interest

 

'Will allow' by reference to what authority?

 

x20

[JonCris]

There isn't any & in fact to do so is in direct breach of their own guidelines but they still do it & when questioned they claim pressure of work for not being able to check all applications

 

This may change as I understand complaints have been made to the Ombudsman.

[bobneedhelp]

JC, thanks for highlighting and reiterating ... I am now going through it not knowing where I am treading or ending up like - it is scary for me and I think of this everyday - the only reassurance is I tell myself to be strong and relearn - one day at a time ...and of course saying it in my mind is easier done ...i am working at it ...and thanks very very much for the advice and support .....besides this I am also learning about another CCJ which I have applied for set aside ..now awaiting a date ....this one has been transfered to my local court as well ...has been for about 10 days ,,,,not heard from the court - do i call to find out or wait?

[andrew1]

Apart from calling DCA's Bob, the way I got through most of my initial concerns when I came here first was, if in doubt 'ask'

- the court staff are very helpful indeed,

if you are unsure about anything then phone them to check your concerns.

 

TBH, that's the way to learn by getting it from the horses mouth sometimes.

I almost got on first name terms with the lad in my court back office,

when I actually went into the court I went and thanked him for his help

 

- Same with so many things, we get frightened by 'them' or 'they' when people speak of others

- who are these 'they's?'

 

These are people just like you and me, doing a job, got families, debts too - never be frightened of anyone these days, just go by the laws of the land and believe me you'll look back and surprise yourself.

 

I've been watching what you have done since you came on here

- take a bow matey, you have done brilliantly

- it takes time to get your head around, but empowered people are not what these institutions are used to, you are a head start before you begin. Keep at it, I know it's daunting and we haven't all got our hands and heads with all the answers, but between us? - synergy they call it, blinkin marvellous.

[bobneedhelp]

Hi ALL,

Tell me if I am going round in circles and am confusing myself, worrying unnecessary etc ... I would like to take time out to forget but I cannot do so - it is the usual happenings in the brain ...thoughts keep coming in and there is no stopping it ... so instead of avoiding I am trying to find answers which I have not got or know how to deal with it - it is the fear of the unknown I guess - so, sorry if I am being persistent and writing alot - PLEASE REMIND and TELL ME if I am - might just help me to recoup.

 

Hi all,

I am trying to prepare for the hearing now in 2 weeks time and working hard to get my head round this preparation - thanks all for help thus far.

 

Anyone else who can offer advice I will be grateful too

 

Still working on the skeleton draft in preparation for hearing - it is hard to do but i am at it ...thanks for the support and help.

 

you are absolutely right ...a lot of my concerns stems from the last 6-8 years of just living and allowing my family/friends to care for me ...it is hard now taking stock and working through this ... personally, I do not want to give the family/friends more additional troubles ..they have done so much for me and is still doing so ...to come this far, I know I have done well to get thus far ...and more importantly, I am keeping my head above water ...despite the headaches and worries etc ...

 

I will call the court to find out more about the other set aside for CCJ. At least then I will know what is happening, whilst iin the meantime preparing for this Charging Order set aside due in 3 weeks time.

 

What will the start be like ? Judge talks? then questions? like what? for instance?

 

hello x20, andrew1 and all,

My hearing for set aside for charge order is only just over 2 weeks away-

Quote

Can anyone start to help me prepare for my hearing to set aside.

 

I am going into this hearing not really knowing what are the questions which will be asked of me - in this case I am unsure WHAT and HOW to answer as well. DOES this sound irrational to think of this?

 

Does telling my history leading to the default helps? i.e. had responsible job as a nurse/nurse teacher since 82, allege debt taken 89/90 ish, defaulted in 92/93 after divorce - agreed small repayments until 2000/01 but stopped payment around 2001 after a few years of stress/depression from work, etc - then I resigned from work

 

- moving about several address with family/friends and family overseas (all helping and supporting me in many different ways - I cannot remember full details but have passport to show traveling.

 

For my stress/depression from work in 1998-2002/3 seeing doctors for help with medications - gradually managed to reduced and fade out to avoid dependency on these medications last year or so but still have prescriptions for stress taken when necessary or cannot sleep/worries etc.

 

So lots happening when I was unwell, also, have 2 children - then young now in teens/adults - they helped loads having thought deep about it ..and just have to stay strong for them and me ....found CAG recently, August ...then started dealing with this up until now ......

 

What else can I prepare - I wrote CCA and Status Barred Letter but no replies from dca/solicitors? Letters written around 24 August.

[enamae]

Any reason why nobody has answered bobneedhelp's posts since andrew1 on

6th October? He needs help preparing for a hearing on 27th October. I would help but unfortunately don't know enough to offer advice.