Can Anyone advise what my next move is please

[welshcake]

A few months ago I was ordered to attend court over a debt to finance wales a few years ago which was a loan for a business start up that never happened.

 

I had to give a statement of my income that was sent off to the solicitor acting for finance wales. In court I explained my current situation which basically is that for the last 3 years I have been caring for my wife and our 4 children the eldest which has disabilities, I have very little expenditure each month as you can imagine.

 

When I finished the court represetative stated I may or may not be contacted by finance wales/the solicitor to advise their action in which she stated given the information I had given it was unlikely they would persue the matter.

 

I have today received a letter from another firm of solicitors regarding the same matter which is as follows.

 

 

Dear Mr *****

 

As you are aware (No I am not aware), we act for Finance Wales Investments Ltd regarding recovery of monies loaned to you that have yet to be repaid.

 

We understand that you attended Cardiff County Counrt for questioning and have received a copy of your record of Examination (Not received anything since I attended court).

 

Please provide us with details of any proposals that you have for repayment of the debt. We can confirm that the amount owning under the judgement of 30 July 2008 is £3,037.71 with interest accruing at a daily rate. Futher, please confirm whether you have sought any advice from the Citizens Advice Bureau regarding your liabilities and whether any debt management plan is currently in place.

 

Please note that if we do not hear from you within 14 days we will be advising our cliet to take further enforcement action against you without notice.

 

yours sincerely

 

 

 

I did get advice from CAB over the phone who suggested that I contact all my creditors for a full balance and reference numbers etc to enable me to go for a Debt Relief Order. As of yet I have heard nothing back from the other creditors most of which are over 6 years old so don't suppose is active anymore.

[mr.ton]

If its already been to a court, then its the court you should be dealing with & no-one else.

Sounds like this other lot are just chancing their arm with you.

[welshcake]

If its already been to a court, then its the court you should be dealing with & no-one else.

Sounds like this other lot are just chancing their arm with you.

 

I am surprised that it has passed to a different firm of solicitors. When I went to court I did not go before a judge or anything ( I did not know what was going to happen as I just had a summons to attend court) I was just in a side room with a court representative who had a statement of income form that she went through and I provided proof of income etc.

[mr.ton]

The court representative would have agreed on an amount to be repaid monthly with you & then that would have been the end of it.

There is absolutely no reason as to why you should be getting threatening follow up letters like this.

[mr.ton]

There would have/should have been a court order..so id contact that court & find out what the specifics of it were etc...

This lot have no right to be sending threatening letters out when one of those has already been made.

[welshcake]

The court representative would have agreed on an amount to be repaid monthly with you & then that would have been the end of it.

There is absolutely no reason as to why you should be getting threatening follow up letters like this.

 

So I should write to this solicitor stating that I know nothing of them taking on the matter and that I should only recieve correspondace from the court

[mr.ton]

Find out everything about the matter from the court in question 1st before you do anything.

[welshcake]

This is a draft letter I was going to send to Hugh James, It is not finished as yet but thought I would reply to comply with the 14 days they have requested.

 

Dear Sir/Madam,

 

I am writing in responce to your letter dated 1st October 2009.

When I attended court in early July 2009 Morgans Solicitors were acting on behalf of Finance Wales Investments Ltd at that time so I am interested as to why Hugh James have now taken over this file and wondered if you can answer why this has happened.

In your letter you also state that I have received a copy of my record of examination to which I have not recevied or heard nothing since attending court in July 2009.

On receiving your letter I will be contacted Cardiff Couty Court as if there is information that I should have received then I would like a copy

If you have a copy of my financial situation then you will be aware that I was not in a position to make payment on the debt and that has not changed since I last attended court, I would like to add that the threats in your letter of daily interest being added and reply in 14 days or futher action have not helped my already sick wife.

I have sought advice from the Citizrns Advice Bureau who on looking at my situation advised that I first write to my creditors which I have done so and then apply for a Debt Relief Order, I am awaiting a responce.

[mikexlr8]

You don't even need to respond to these clowns.

 

If you went to court aren't charges and interest suspended in any event?

[Bazooka Boo]

I am writing in responce to your letter dated 1st October 2009.

When I attended court in early July 2009 Morgans Solicitors were acting on behalf of Finance Wales Investments Ltd at that time so I am interested as to why Hugh James have now taken over this file and wondered if you can answer why this has happened.

In your letter you also state that I have received a copy of my record of examination to which I have not recevied or heard nothing since attending court in July 2009.

On receiving your letter I will be contacted Cardiff Couty Court as if there is information that I should have received then I would like a copy

If you have a copy of my financial situation then you will be aware that I was not in a position to make payment on the debt and that has not changed since I last attended court, I would like to add that the threats in your letter of daily interest being added and reply in 14 days or futher action have not helped my already sick wife.

I have sought advice from the Citizrns Advice Bureau who on looking at my situation advised that I first write to my creditors which I have done so and then apply for a Debt Relief Order, I am awaiting a responce.

 

I wouldn't waste your time at all. And most certainly would not inform them of any personal circumstances, regarding your wife.

 

They couldn't care less!

Their next letter will be 'Is your wife insured should she die, and will this cover the amount of debt you owe us!'

 

As Mr.Ton has already said, the only people you really need to be talking to is the courts, unless you receive anything from them in relation to this matter then I would quite honestly ignore them, and only send them correspondence in relation to their persistant harassment which will be met with robust legal action should they continue..

 

 

Boo:wink: