Allocation questionnaire

[Bookworm]

Check cca questioner user name, the agreement is on there, let me know what you think.

 

An IVA appeals because all interest is frozen and inludes other debts.

 

What other alternative would there be as to avoid further charges and interest

 

Are we saying it is definately 28 days and not 14 and would a fee have to be paid as it is the courts mistake.

 

The full amount includes PPI which the insurance company is returning but without liability.

Can you post the link, please? The new software is making things a tad difficult for me to navigate at the moment, lol. I'll be happy to have a look, although it's not my speciality, far from it!

 

Other alternatives, I don't know, let me see what type of agreement it is first.

 

The 14 days thing, hmmm, I wonder. It may be because it was issued in default rather than at a hearing, I suspect. I think I was wrong in stating that the 28 days was systematic, thinking back, that's what happens at hearings. sorry for the misinformation.

 

In any case, if you go for a set aside, yes there is a fee, used to be £75, haven't checked if it has changed recently.

 

PPI - they're claiming for it and paying it back? so, they loaded PPI upfront, claiming it back and paying it back to you? Surely, they should have deducted it from the total (with the associated interest) before putting in their claim, as their total CCJ includes interest at 8% on the TOTAL amount (or are they charging their standard APR?), which means you'd be paying interest twice over on something they shouldn't have charged you in the 1st place? Nice job if you can get away with it, hey?

 

Please link me to your other thread and we'll take it from there.

[Consumer dude]

The company has claimed it all (loan and PPI) and insurance company are paying back the PPI. Not sure the left hand knows what the right hand is doing.

 

Not sure how to refer you to the link, some one might know but hey looks like putting all debts together with IVA, that way a more reasonable quality of life prevails.

 

The purpose of a set aside would be to remove the CCJ, not sure there is any other reason..

[Consumer dude]

Take the insurance money and all the vultures can shara a monthly pot of about two hundred pounds. lol..

[Consumer dude]

Will a improperly executed agreement be good reason to set aside a CCJ ?

[Consumer dude]

The other thing is that on the CCJ it states that you have 14 days to pay in full when I thought it was 28 days.

 

AT what stage would baliffs be turning up, another period of time later or straight away ?

 

Could I show evidence that I am entering into an IVA if any one turns up at the door and would it make any difference anyway ?

[car2403]

Will a improperly executed agreement be good reason to set aside a CCJ ?

 

No, but an irredeemably unenforceable agreement should where s.127(3) applies. Anything less than that and you're wasting your time with a set aside, as the Judge will likely enforce under s.127(1)(i) and cripple you with costs for the privilege.

 

Is the agreement irredeemably unenforceable, then?

 

The other thing is that on the CCJ it states that you have 14 days to pay in full when I thought it was 28 days.

 

Payment forthwith is 14 days.

 

AT what stage would baliffs be turning up, another period of time later or straight away ?

 

They would need to apply for a warrant of execution, which can happen at any point that you're out of time for payment. It would take some time to process the application, so probably 21-28 days. Nothing happens unless they apply, though.

 

Even if a Bailiff was instructed, they'd likely try to contact you by post/phone before attending - it's more effective for them if they don't have to come out.

 

Could I show evidence that I am entering into an IVA if any one turns up at the door and would it make any difference anyway ?

 

Not sure, I'll get some advice from someone who is ASAP.

[Bookworm]

Well, if you're going to go in an IVA, your credit is going to be f*cked anyway, so a CCJ won't make much difference there.

 

A set-aside would simply mean that the clock is reset on the claim, and that gives you time to examine their claim, sort out what is really owed or not (bet there's a lot of added charges etc... in there), and make the bullies work to get it from you. It also allows you to ask the judge to look at your income and expenditures and to set an amount you can realistically afford. That could be as little as £1 a month if that's all you can afford, and the beauty of it then is that the amount being set by the court protects you from them trying to hassle you into paying more than that. It works both ways, you see, once the judge has made his decision, the debt is frozen as it was at the date of judgment, they can't add to it, add interest, or change the payments unless you default.

 

An IVA, otoh, if the creditor doesn't want to accept the terms, because it's VOLUNTARY, they can still hound you and hassle you. It may seem like the simplest solution now and a way out, but my understanding is that it is still costly and doesn't necessarily solve all your problems, regardless of how the TV ads make it look. I haven't had to do it myself, to be truthful, but have seen examples on the forum here where people quickly found it was far from being the simple solution they thought it would be.

 

Ultimately, it is of course your choice. I know I would make them work for every penny they want to get, and not make it easy at any stage.

 

To link to your other thread:

Open other tab/window, and open your thread. In the address bar at the top (the www. one) highlight and copy the whole URL, then paste it into your reply on this thread, and voila.

[citizenB]

The other thing is that on the CCJ it states that you have 14 days to pay in full when I thought it was 28 days.

 

AT what stage would baliffs be turning up, another period of time later or straight away ?

 

Could I show evidence that I am entering into an IVA if any one turns up at the door and would it make any difference anyway ?

 

No, but an irredeemably unenforceable agreement should where s.127(3) applies. Anything less than that and you're wasting your time with a set aside, as the Judge will likely enforce under s.127(1)(i) and cripple you with costs for the privilege.

 

Is the agreement irredeemably unenforceable, then?

 

 

 

Payment forthwith is 14 days.

 

 

 

They would need to apply for a warrant of execution, which can happen at any point that you're out of time for payment. It would take some time to process the application, so probably 21-28 days. Nothing happens unless they apply, though.

 

Even if a Bailiff was instructed, they'd likely try to contact you by post/phone before attending - it's more effective for them if they don't have to come out.

 

 

 

Not sure, I'll get some advice from someone who is ASAP.

 

According to the Bailiff book "Law and Seizure of Goods - Debtor's Rights and Remedies" - see link at left to purchase from CAG

 

(pages 51 and 52) it says

 

"The insolvency of the debtor individual or company can have a major impact on the ability of bailiffs to proceed"

 

and

 

"Bailiffs must treat claims to be insolvent seriously and take reasonable time to investigate them (Ayshford v Murray (1870) 23 LT 470). If a bailiff proceeds to sell after the insolvency has been confirmed he may be in contempt of court."

 

and

 

"Stays on proceedings and other legal process

 

the general effect of insolvency is to stay all enforcement proceedings against the debtor and the estate, in order to ensure fair treatment of all creditors."

 

HTH

[car2403]

2 merged, keeping them together