So scared and don't knowwhat to do next. Robinson way have issued a CC claim against me

[amber2508]

Bump.

[shakespeare62]

subscribing ...

[amber2508]

Bump

[Canaan]

Have you clicked the red triangle Amber to alert one of the site team?

Good luck

Canaan

[amber2508]

Have you clicked the red triangle Amber to alert one of the site team?

Good luck

Canaan

 

Hi Canaan

Where is this red triangle you speak of?

[havinastella]

bottom left, under your post count.

 

Jogs

[amber2508]

bottom left, under your post count.

 

Jogs

 

Thanks, thought that was a report button for dodgy posters.

[DocH]

Hi Canaan

Where is this red triangle you speak of?

Hi Amber,

 

Its at the bottom of the column to the left of every post that is made.

 

I've already clicked it for you and asked for one of the team to help.

 

Regards

 

DocH

 

[amber2508]

Hi Amber,

 

Its at the bottom of the column to the left of every post that is made.

 

I've already clicked it for you and asked for one of the team to help.

 

Regards

 

DocH

 

 

Awwww thank you.

 

I've also just alerted them now

[pt2537]

Hi Amber

 

if you can bear with me, im really tied up with family at the mo, i have my whole family staying over and i havent seen many of them for years

 

i will need to reread the thread to see what has happened, and where we can go from here

 

I know that some people have voiced the view that you may be able to have the judgment set aside, so we can give this a try

 

Once ive had the time to refresh my memory i will post up an application for setaside for you to have a look at, then ask questions etc so you know what is going on etc

 

also you MUST attend any hearing that the court orders, if you do not you will lose

[amber2508]

Oh thank you for looking in. I haven't had the Warrant of Execution served yet but i have a feeling it'll be waiting for me through the letter box in the morning, somehow. The 10 days that Cap one gave before they would apply for one was yesterday, so i need to fill the N244 form to take to court tomorrow and my £75 fee. But i just don't know what i am suppozed to give as my defence if they are saying i lost due to not attending and no grounds on my defence. If i just knew the basics of what to put i could type a defence up.

 

I will not miss this hearing if it is granted, no way, no how, even if they have to carry me there.

 

Thanks again for getting back to me.

[amber2508]

Bump.

[pt2537]

I have just removed a post which asks for a member to call another CAG user,

 

This is contrary to the rules of the site and we do not advocate giving out contact numbers or calling numbers passed on by PM,

 

this can lead to inaccurate advice being given and can lead to major problems as if you follow inaccurate advice you can end up losing a case

[MaccMan]

I have just removed a post which asks for a member to call another CAG user,

 

This is contrary to the rules of the site and we do not advocate giving out contact numbers or calling numbers passed on by PM,

 

this can lead to inaccurate advice being given and can lead to major problems as if you follow inaccurate advice you can end up losing a case

 

Sorry & apologies for that I was unaware of that rule

[amber2508]

Please tell me if i am wasting my time keep bumping my thread and pressing the red triangle to alert for help. Or keeping quiet for a day to not appear a nuissance and then still nothing. Short of begging, (which i pretty much have been doing), i don't know what else to do to get any help with my situation. It wouldn't bother me so much and i would just go away quietly if i hadn't been told that i will get help with my case/defence. So i keep clinging on to that hope that i will get help before it's too late but still it hasn't come. I would appreciate if i was just told outright that i won't be getting any help rather than be kept in the dark.

 

Yes i know your all very busy people on here and i appreciate that, i really do, but to be told i will get help and then just being ignored when i alert and bump is so frustrating.

 

I'm worried sick about this.

[pt2537]

Amber,

 

No one is ignoring you, the advice we offer on here is done so in our free time and im afraid that there is one time in the year when i put my family first over and above anything else and that is christmas

 

If you are desperate and cannot wait, then i suggest you contact Community Legal Advice and seek the advice of a solicitors on a free 30 minute consultation

 

a solicitor may take your case on a CFA which is no win no fee or you may be eligible for legal aid

 

My working time restarts on monday so i will have a look at your thread once im back at work and have some free time

 

thats the best i can do,

[tendogs]

Good morning Amber, it drives you nuts doesn’t it? First I’m a novice but I do have to say that having a warrant of execution issued is a bit of a damp squib.

 

When and if, it is issued the bailiffs will send you a letter saying that they have the warrant and will not call for at least ten days after that. If they do call they will not come in a van with “BAILIFFS” written down the side rather it will be one bloke.

 

They all seem to be pretty world weary, accommodating and have little desire to cart your stuff away. If you tell them they can’t come in they will not try and force an entry, they know the rules.

 

If you do receive a letter from them there will usually be a mobile number you can use to contact the bailiff for your area. If you tell the bailiff you are either going to make an application to have the judgment set aside or an application to have the amount you pay varied they might even send you the forms.

 

You have to make a decision; do you go for a set aside or not? From what I can tell from the thread there was nothing wrong with your defence you lost solely as a result of your non-attendance. Your polyarthritic incident in and of itself might be grounds for set aside if you can get a letter from your GP.

 

I am not advocating complacency in anyway but this is still manageable even at this stage. I have to go out with my boy now but I will get back to you when I return.

[supasnooper]

Amber,

 

Please take a big deep breath, find the will and the spirit to keep going with this.

 

Unfortunately the majority of members of CAG have no formal legal training and offer help where and when they can, drawing from their own learning and experiences.

They offer help when they can, but sometimes do not have the critical knowledge required for your situation and would not wish to ill-advise you as such.....sometimes they have to take a step back.

 

Consumer Law is a very complex matter, and can be very expensive when going to Solicitors - here it is free but it just takes a little bit of time which can be frustrating and worrying when you're having to deal with such a matter with a short timescale.

 

Hopefully we will all learn from your journey and can pass this onto others in the future.

 

I, and many others, no doubt, have felt very scared, anxious and worried about dealing with these matters against the banks, dca's, solicitors etc. but we have all received some wonderful support from the people here.

 

Please be patient while those who can advise correctly just need a little time to ensure you get the right advice.

 

We all wish you well and want to see YOU get the right result.

 

Now chin up and get ready to go onwards. :grin:

[Von Greenbach]

Amber

 

We're all in the same boat here, novices fighting against large organisations.

 

I know it's frustrating and annoying not knowing what to do for the best, but there are some very valuable members on here who's only interest is to see fair play.

 

Not sure if you're aware, but take a look at the success stories above it's the members and advice on here that's helped achieve their goal.

[tendogs]

Anyway, where was I? Right the warrant of execution is not really that much of a bother. I have had one issued against me about two years ago and I’ve not seen a bailiff yet. Same boat as you and I’ve applied to have the judgment set aside twice, failed in those attempts (bad case from me, this was before I discovered CAG) and I’ve applied to have the payments set at one pound a week (still to be heard). Again, and I must emphasise this, I do not advocate my rather lackadaisical attitude to these things but, no one is going to forcibly remove your partners goods.

 

You must decide what you’re going to do. You can apply to have the judgment set aside or you can apply for re-payments to be set at a level you can afford. If you are exempt from court fees then, personally I would go for the set aside option first and if you fail with that then go for re-payments.

 

Whichever you choose you will have to attend court and I can see from your thread that you find the thought very worrying. As for the N244 in the box that asks “what order are you asking the court to make and why” I would put something along the lines of (I am asking for the judgment to be set aside because I was unable to attend court and present my defence because of physical disability, please see attached note from my GP) as for the rest, the defence you used initially seems sufficient to me.

 

Let us know what you decide to do. Remember you can take a McKenzie friend to court with you check this McKenzie Friend - Wikipedia, the free encyclopedia and it will give you an idea about what they can do in a small claim court.

[amber2508]

Anyway, where was I? Right the warrant of execution is not really that much of a bother. I have had one issued against me about two years ago and I’ve not seen a bailiff yet. Same boat as you and I’ve applied to have the judgment set aside twice, failed in those attempts (bad case from me, this was before I discovered CAG) and I’ve applied to have the payments set at one pound a week (still to be heard). Again, and I must emphasise this, I do not advocate my rather lackadaisical attitude to these things but, no one is going to forcibly remove your partners goods.

 

You must decide what you’re going to do. You can apply to have the judgment set aside or you can apply for re-payments to be set at a level you can afford. If you are exempt from court fees then, personally I would go for the set aside option first and if you fail with that then go for re-payments.

 

Whichever you choose you will have to attend court and I can see from your thread that you find the thought very worrying. As for the N244 in the box that asks “what order are you asking the court to make and why” I would put something along the lines of (I am asking for the judgment to be set aside because I was unable to attend court and present my defence because of physical disability, please see attached note from my GP) as for the rest, the defence you used initially seems sufficient to me.

 

Let us know what you decide to do. Remember you can take a McKenzie friend to court with you check this McKenzie Friend - Wikipedia, the free encyclopedia and it will give you an idea about what they can do in a small claim court.

 

Thanks for the advice Tendogs and to the other people who posted with reassuring messages. I am not having a go at anyone, i'm just so frustrated with it all and how to go about things, i'm clueless. I just have awful visions of them coming to take my sons things away, that he has saved up for himself. I don't know if i could deal with seeing that happen. I swear i am seriously considering doing a law degree to help me and others in the future with consumer problems after all this worry.

 

I appreciate i owe them money £1200ish, (of which £800 is charges). I missed 1 lousy £10 payment due to being broke that month and then they send me court papers. Not even a default notice or a lba before hand. So maybe i should just pay up ? But i just can't accept that the court have allowed me to loose (apart from my none attendance due to illness), on my counterclaim, as i thought credit card charges were still claimable. I don't know if it is a good idea to use the same defence again Tendogs, as it has been mentioned about some bits being wrong, something about £5k damages and wrong section of act or something like that. If i knew what should have been put i would try and write a new defence myself but as i don't know anything about comsumer law i don't know where to start or look.

 

I still havn't had the warrant through my door as yet. I'm not even sure i can apply for a set aside as i think it's 14 days from the original judgement, so that date has well gone now.

 

Anyway thats the state of play atm.

[tendogs]

Amber, how are you?

[womble72]

Hi Amber,

 

I have been reading all of your thread and i am sad to see you lost your case.

 

Is there a update of your circumstances from the action with the bailifs ?

 

Hope you are ok.

 

Womble