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Court order - please help

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I've been directed here by my good friends on MoneySaving Expert. I've cut and paste this from there, as its been suggested that i might be able to receive expert advice on how to move forward with this here.:D

 

All comments gratefully received. I'm desperate.

 

I was gutted to receive my post this morning.

 

It included a letter from my bank stating the following.

 

Court Order

 

The bank has been served with a schedule of arrestment at the instance of

Glasgow City Council, in accordance with s73G of the Debtors (Scotland) Act 1987 dated 5 August 2009 for the sum of £227.10, seeking to attach funds held by the bank on your account.

 

However, no funds have been set aside as there are insufficient funds available.

 

The bank has levied an administration fee against your account for the procesing of the arrestment.

 

We recommend you contact the pursuers or their agents, Stirling Park quoting ref GL XXXX to resolve this matter and avoid any further arrestments being served.

 

Now, the correspondence to date is as below as this has come out of the blue.

 

Stirling ParkDear Sirs,

 

Glasgow City Council GLxxxxxxxxxx

Balance £90

 

I refer to your correspondence dated 28 May 2009. We can not afford to pay the amount due because at present, we are experiencing extreme financial hardship like many within the present economic climate. We have now approached a non-profit organisation for advice regarding a debt management programme in order to clear our debts. Regrettably, we are finding it impossible to pay the outstanding amount of £90. We have taken advice from National Debtline and been aided by CCCS in calculating pro-rata payments to all of our creditors, based on our available income for repayments. In order to repay our debt at a realistic and manageable amount which is currently expected to be around £1 per week.

 

I enclose a Personal Budget sheet which shows our total income from all sources, and our outgoings. As you can see we have only £86.12 per week left for our creditors. The offers we have made to our creditors have been calculated on a priority basis based on the total amount due, and we have written to all our creditors asking them to accept reduced payments. In view of our circumstances, we propose an offer of £1 per week. If interest or other charges are being added to the account we would be grateful if you would freeze these so that all payments made will reduce what I owe you.

 

Should our circumstances improve we will contact you again. I request details in order to commence a standing order instruction to reflect this amount in order that we may commence our repayments without delay.

 

I look forward to receiving your response, and thank you for your understanding in this matter to date.

 

Yours faithfully,

 

 

 

JULIE

 

THEY IGNORED THIS LETTER AND SENT A FINAL DEMAND SO I SENT THIS:

3rd August 2009

 

 

Stirling Park Debt Recovery

 

G1 4DB

 

 

 

Dear Sirs,

 

Glasgow City Council GLxxxxxx

Balance £90

 

I refer to your FINAL DEMAND notice of 29th July 2009, received today 3rd August 2009. It is with pleasure that I enclose a copy of our response to your letter of 28th May 2009, which you have clearly chosen to ignore.

 

Our letter clearly lays out our financial situation, and we have offered a repayment schedule as calculated on a pro-rata basis, used by the county courts. Rather than threaten us with further action, perhaps you could respond to our only affordable offer of repayment. We are committed to repaying this debt, however given our current circumstances we are unable to increase our offer any further. We believe that we have taken appropriate steps to address our debts by writing to all creditors making them aware of our situation, and taking professional FREE advice to calculate a manageable and realistic budget for repayment of our debts.

 

When the original parking notice was received I wrote to the council explaining my financial circumstances and requesting more time to pay – this was ignored. I then received an increased charge notice as payment had not been received. At this time I wrote to Glasgow City Council Land Services (parking), as I have a number of parking tickets asking them to collate a list of the total amount outstanding in order that I could calculate a repayment schedule. Again, my correspondence was ignored. Then the matter was passed to Stirling Park, I wrote to you by return and you ignored my communication. It is my belief that Glasgow City Council were wrong to ignore my letters and request for time to pay given my financial circumstances. Likewise, when I wrote to negotiate repayment, I believe that Glasgow City Council should not have passed the matter on to a debt recovery agency. As Stirling Park have continued the trend to ignore my correspondence, I believe that the matter has been dealt with improperly. I have copied this letter into my local councillor and look forward to receiving their views on the handling of this matter.

 

It is my specific request that all communication is made in writing. This ensures that I can maintain accurate records should this debt become the subject of legal proceedings. As you have not responded to my earlier letter requesting payment details I have been unable to commence payments, I continue to await this information.

 

Yours faithfully,

 

 

 

 

JULIE

 

Help gratefully received on this one. Part of me wants to call them as I feel they shouldn't have continued with this action as they have ignored our offers to pay over a period of time at an affordable amount.

 

Where do I go from here?confused-smiley-013.gif

 

I had been merrily sending letters off to Stirling Park after receiving their "threat of further action". Before that I had been merrily sending letters off to the council asking for a total due and to arrange a repayment schedule. They ignored me and passed me to Stirling Park apparently.

 

I'm really concerned I received nothing from any court. I don't even know which court it was granted from!

 

HELP! I'm really worried now, because I'm not ignoring the matter but they are ignoring me and this was one out of the blue I didn't see coming. All the letters I've sent them are above, and all they sent me was a "threat of further action" to which I wrote to them the first time. Then a "final demand" to which my second letter was my response. Nothing since then, and then today a letter from my bank.

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You may be best posting this one in the PCN (parking) forum.... or posting on there to direct people to this thread. :)

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Thanks Priority One. Its not really about what it refers to, my concern is why have they been able to take this action whilst ignoring my correspondence / offer of payment. I suppose my question is are they right to do this?

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https://secure.stirlingpark.co.uk/ssl/sp_pay_arrangement.asp

 

use this as well,

 

 

at the telphone bit do notput in your telephone number use zeros and that wa they can contact you be email s you still have it in writing , you can put it 'contact only by email' in the evening telepohnenubmer bit.

 

they also accept card payments on that link soif you wanted to can make your £1 card payment each week ;) until you decide onwhat the best method of payment is for you

 

ida x


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Thanks Priority One. Its not really about what it refers to, my concern is why have they been able to take this action whilst ignoring my correspondence / offer of payment. I suppose my question is are they right to do this?

 

From a debt collection point of view.... no they're not.... but unless your correspondence goes by rec. delivery, then this kind of thing tends to happen. The reason I referred you to a different forum is because people on there will be able to look at the bigger picture re. parking tickets and their enforceability, etc.... as well as your current concerns.

 

:)

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Ida in Fife - thanks for the link. I am definately going to be making use of your link! :)

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