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

[bobneedhelp]

bradz1711 ..gee thanks for the encouragement and support ...a new experience and it is frightening ...not knowing the unknown ....but I am keeping my chin up and thanks again ...

[bobneedhelp]

x20

Letter received from court - can I put court name and the adjourned dates on reply? or not? Please advise me what action (if any) do i need to take?

 

The letter reads:

 

Before District Judge (name) sitting at Court (name and address).

 

Upon the Defendant having made an application to set aside judgement.

 

IT IS ORDERED THAT

 

1. The Final Charging Order hearing listed on (date/month/year) be adjourned and re-listed together with Defendant's application to set aside judgement on (date/month/year at 2.00 p.m. with a total time of 30 minutes.

 

2. The Interim Charging Order to continue in the meantime.

 

Dated 26 August 2008

 

Now What?

[bobneedhelp]

Thanks Bradz1711 for the information .

.it is really useful and I need all this support and help to see me through this ..

 

.. it has not been too easy for the last 6-8 years but I have not face my own demon and hopefully come out feeling better ,

one way or another

...it is tough and hard not knowing and feeling lost but with all the help and support here at CAG,

I will come to the end of this.

 

Olive, thanks and I know you have been busy dealing with your own issues at court and I hope it went alright there.

 

You are right,

I am keeping my head high and although feeling worried,

I am beginning to get to grips (albeit very little at this stage) ..

.. I will get to the end of this with all the support and advise.

[bobneedhelp]

yes bradz1711 ... every grip is a move forward for me:) thanks

 

I am now receiving replies from other DCA's re: CCA and Statute Barred letter which I wrote to them about a week ago but nothing from the DCA who has put an Interim Charge on my house.

 

My other thread (Registered County Court Judgement) if anyone would like to read and help advise me if you had experience - thanks

 

x20 hello there ..

.hope you are still around to be able to give me some help and directions further

- if not i can understand that you too are busy helping someone else's or sorting your own issues out.

 

Please let me know if you can still continue to help me through this one

- you have done soooo much already ...

 

.I guess these few days of quietness has suddenly hit me on the actions I have taken to date ...

.and I must say I have done good

 

and thanks to you.

[bobneedhelp]

x20 ..thank you ..if I hear from the dca, will post here immediately for advise.

 

hello x20

On to my other thread (Registered County Court Judgement) I have now found out that a CCJ has been registered against me and I got the case number - You asked me to open this new thread and mentioned previously that we also might need to put in the N244 to get the CCJ set aside and that the wording for this letter might have to be worded differently.

 

If you have a little time, x20 PLEASE can you visit my other thread above and offer me some guidance on this matter too. I know postggj has been helped and guided me thus far on the thread and I very much appreciate and thank him for that far but any other help will be needed for me too.

 

I am trying very hard to be well inform of changes and development and new things comes up and I am unsure of what to do next.

 

If I am getting out of hand and should not be writing here, please tell me so.

 

registered county court judgement This is my other thread if you like to have a look and advice.

I am learning to use the link??

[bobneedhelp]

x20 thanks for telling me and yes I have looked and reply to your questions there.

 

I am very tired and will close my eyes and get some rest. Some friends is coming tomorrow to take me to their house for the weekend to have a break/go for a change of environment. So, I might not be able to get online but I will try to log on if possible. Otherwise I will be back after the weekend. Sorry if I do not reply if you have given me guidance/advise.

 

had a couple of hours of sleep ..a little better ..nothing posted for me to action on ... I will await guidance ...thank you all for time and brilliant effort in helping me see through this ....the sleepless nights is all worth it ..thank you again

 

I have heard nothing from the dca as yet so will wait till tomorrow.

 

x20, I have the hearing on oct 27 and I have written CCA and Status Barred letter and the 12 days end around Sept 10? - lowell/dca have another 30 days to respond which will be around Oct 10/12?

What happens if they do not reply? Can I use this at the hearing?

I was reading about SAR letter? is there a point in writing this letter too?

Help Needed please

 

x 20,

DO I need to write to the court to inform them that I have written the CCA and Status Barred letter requesting for information and to let them know that to date I have not receive any replies from them? as part of my additional defense?

 

x20 another question - i have been reading thread about CPR - is it useful to write to the lowell/solicitors with this letter too.? since I have not heard or receive any replies/

[bobneedhelp]

x20

ok thanks for reaffirming. So now i just wait until they reply (if they do post dca replies here for further advice/guidance) or go to hearing, right?

[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?

[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

[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?

[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 ..

[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.

[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.

[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

[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.

[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?

[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.

[bobneedhelp]

 

enamae

Thanks - I am preparing albeit very slowly

- hope it will be alright

- only a week away now but i am keeping strong.

 

x20 and everyone,

thanks for reminding me of the importance of family times together and the thoughts that came to my mind was the many weekends spent with my childrens when they were growing up...

.. picking them up every weekend and we kind of do many different things together.

 

It was wonderful times then.

On reflections, it was the greatest moments of my life until I fell ill and complications started with the debt, work and all.

 

Time flies by very fast and wait for no-one if I can say that. My children are now 17 and 19 years old respectively.

They have a few more critical years ahead and I like to be strong and give them the additional support during this period.

 

I am indeed very glad that I found CAG and managed to built up confidence to deal with the allege debts and dca's

- a lot has happened in the last 2 months and I am grateful just for that.

 

Many a times I am still unsure of directions and what to do but I am staying strong.

 

In going to the hearing I will continue to remind myself to stay strong and be focus whichever way it will lead to.

[bobneedhelp]

Thanks for that

 

x20

nothing from dca or court, no replies from CCA/Statute barred letter..please help as i am trying to prepare - your private message is full and cannot send any to you

[bobneedhelp]

no hearing is on 27 Oct -

[bobneedhelp]

x20,

Thanks - Do i take supp statement to court tomorrow?

had no replies or correspondence of whatsoever from dca or solicitor or court - have also made changes to title. I have contacted GP but he will not be able to see me until early next week which is too late - I know there has been entries since my stress/depression around 98/99 onwards ....because I have been going to see my GP almost weekly when I was stress/depress and erratically for the last few years to see my GP because I was staying away with family and friends.

Quote

[5] If it is not possible to extend the period of incapacity to the time when proceedings were issued, suggesting for example that there is no sound reason for your failure to open correspondence, get back to me without forwarding the supplemental statement.

 

Not sure what this means?

 

x20,Martin, 42man and all - thank you very much

 

Bumps!

 

Does statement need to be sign ?

[bobneedhelp]

my casual work is done only with the support because it is a friend ...they are helping me and there are there working with me so my responsibilities are little to none really. So they take me along so I can be look after and they can keep me company. my depression still exists, worry, not able to sleep, sad, tearful and absent minded still exists. help from casual work are through friends.

as for my regular visit to my GP, I believe I can get evidence and will need to go see my GP for this (only a few days left and i will not get this letter done in time if i am taking this statement there this afternoon ....I have also been diagnose with high cholestrol and is also on medication of this, I did not mention as I was unsure of whether this is important.

[bobneedhelp]

x20,

My friend will not be able to accompany me to court on the day of the hearing but I will ask him again to see if he still is working - if he can come what does he do, say etc? I have just phone GP but receptionist says they are full and appointment is for next week. I said it is urgent and she says to call back after 3 pm to see whether an appointment can be schedule then

 

I will wait till 3 pm and then post back here. Will not go court re: statement for now too

 

x20,

oh no, my GP cannot see me until Tuesday/Wednesday, says receptionist - they are doing this strange booking system of advance booking - even when I say it is urgent, receptionist still says cannot see my GP as he is fully booked but might be able to fit me to see another GP if it is urgent. I am afraid the other doctors in the surgery do not know my case or will be that understanding as my GP is.

The thing is I have been seeing this GP who knows my case very well and he has been treating me for many years - I have left it too late and I do not know what to do now.

I have left message with my friend to call back when he finishes work or earlier - bump! this is not going good for me.

 

x20,

so what else can I do in preparation if supplemental statement is not good

[bobneedhelp]

x20,

I will call the surgery to speak to my GP this afternoon after 3 pm to ask whether he can do this letter. Also, the supplemental statement prepared is of no use or would it alright if i submit this to the court together with the letter I have written to my GP requesting for a letter verifying my mental health problems.

 

I am so helpless and what has been asked of me I do not have anything ready - so i go to court ready to be hammered by the sound of it.

 

if i manage to get letter from GP , is it alright to bring it on the day and show it to the Judge?

 

I feel tire and i have not been sleeping much. I guess I will not be until at least after the hearing - BUT I will be here still hoping someone will help and advice however hopeless it may be ...and is all my posting creating more confusion and additional worries ...

 

I want to feel to be doing something ..like taking my statement to the court (my feeling is this is better than doing nothing at all - at least the court will know my plight from then until now. It might not help with defense but shows my time line here in the UK ...soz ... my mind is running wild and I cannot control it ...just yet ..

 

enamae.

I will do that first thing tomorrow morning ..thanks a lot

 

Yes with the wording

Quote

common to the statement of truth.

(as done with all Court submissions) post 171

 

this is what I have to put in when i write to the Court? at the end of the letter

 

x20, enamae and all,

tried calling but receptionist were very busy and said call back to make appointment - anyway, last resort - have written a letter to GP explaining and asking for this letter at short notice and hope he can help.

 

Quote

Will your friend be accompanying you to court?

 

what will my friend be saying if he can come - he is trying to get someone to help him so he can accompany me

 

friend call saying he cannot change his shift -he is a qualified nurse and he has to take a resident with a learning disability to hospital on that day bump!