Casperlady and Howard Cohen in court next week for SJ hearing. - help?!

[casperlady]

Andy I keep trying to add to your reputation but it won't let me right now!

 

I just didn't want anyone to think I was lying about my circumstances...

[AndyOrch]

Thats fine and dont worry about the rep im here to assist all on Cag.But when someone posts a question like that out of the blue well I think you would know my response.We are not here to judge anyone on Cag only to help each other and i believe if I can help with my knowledge and experience then that is what i will continue to do.Its at your discretion but you can edit out as it makes no difference to the thread or anyone else who is following this thread.

 

Regards

 

Andy

Edited November 11, 2009 by Andyorch

[casperlady]

You are a star, as is everyone who has helped me, I don't know what I would have done without the help of this forum! I've edited the post down to just give the basic information now.

[AndyOrch]

that pleases me

 

Regards

 

Andy

Edited October 29, 2009 by Andyorch
edit

[the_shadow]

Andy I keep trying to add to your reputation but it won't let me right now!

 

I just didn't want anyone to think I was lying about my circumstances...

 

Done it for you Casperlady ;-)

 

S.

[middenmess]

It wasn't posted out of the blue as I had previously posted on this thread.

 

I was just seeking clarification as the last statements about being on benefits might well mean that casperlady might well qualify for some financial assistance with some of the costs when making applications at court.

 

It it came across other than an attempt at any thing other than trying to help than I apologise but my intentions were nothing but honourable.

[gezwee]

Hi CL

 

Sorry, joined your thread a little late.

 

Do you have any property to protect?

 

Only asking as I'd be inclined to screw cohens to as little as possible and seek some assistance from your utility providers.

 

N245 with gas at £100.00 Per month, Leccie at £150.00 per month etc etc, they drew you into litigation the least they can expect for their efforts is repayments at a £1.00 a month via a dodgy judgement.

 

Gez

[Gallahad]

Hi guys I am new to forum but in similar situation to CL. I am learning so much but may I ask what difference having property to protect may make.

[diddydicky]

Hi guys I am new to forum but in similar situation to CL. I am learning so much but may I ask what difference having property to protect may make.

 

it raises the prospect that they may get a charging order.

[Gallahad]

Thank you DD sorry if I am asking the obvious but here to learn.

[gezwee]

Hi

 

Property would mean that the creditor would look to secure debt with a C.O, if you have no property then they can gain no security...... their costs would be wasted and you would play them at their own game by evaluating N245 at bare minimum for servicing purposes.

 

Typical ploy (assuming you are on monthly d/d with utility) is to call provider and inflate readings......... rather pay excess to gas and electric supplier for short term whilst order set to see monthly payments fall at year 2.

 

In most cases (if not all) they'll effect an interim order with little fuss, its the actual C.O that causes problems at a later date if encumbered with C.I

 

If creditors were more reasonable there would never be a need for such activity.

 

Meant to add, I do not condone such activity ........... much

 

Gez

[diddydicky]

Thank you DD sorry if I am asking the obvious but here to learn.

 

no probs

 

a creditor, once he has a CCJ may apply for a charging order on your property if you fail to adhere to the terms of the CCJ

 

if you persist in failing to adhere after that he may apply to make the order absolute which means you could be forced to sell the property to realise the funds

 

it is a long way down the line but increasingly sought after by creditors so

 

all attempts to get a ccj should be resisted/defended if at all possible

 

 

there are strategies that can be employed to defeat them if employed early enough in the process

[casperlady]

Evening all.

 

Thanks middinmiss, I know you posted before on the thread. I did briefly look into if I could get the court fee waived but it didn't seem I was on the 'right' benefits for that!

 

Hi gezwee, no I don't have any property to protect. No assets at all, I don't even own the car. Solicitor looked quite disapointed when I told her that in our little meeting.

 

Anyway, my update for today is that I have posted the form to the court, first class recorded, along with postal orders for the fee and for my first payment to CL Finance...(ouch - I really am poor now!) But they still have to accept the proposal. Need to keep everything crossed for this..

[gezwee]

 

Hi gezwee, no I don't have any property to protect. No assets at all, I don't even own the car. Solicitor looked quite disapointed when I told her that in our little meeting.

 

 

That'll teach the greedy shysters, bet she looked sick at the thought of her client seeing a quid a month for the next 5 years

[diddydicky]

with no assets you really ARE in the driving seat so if they dont play ball ill show you a couple of new tricks to rattle their cage!!

[casperlady]

Thank you!! I'll keep you posted of course.

 

Actually, that's a thought. As I have no assets they will probably get alot more from me by accepting my monthly payments at £30 per month than by me going bankrupt...?

[Gallahad]

Keep going CL and just remember the old adage " The beauty of having nothing is you have nothing to lose"

[gezwee]

Thank you!! I'll keep you posted of course.

 

Actually, that's a thought. As I have no assets they will probably get alot more from me by accepting my monthly payments at £30 per month than by me going bankrupt...?

 

Hi CL

 

30 squid a month sounds like far too much if you are on benefits....... did you miss anything from your i&e calculations when preparing N245?

 

As for Bankruptcy....... can't see it happening, they'll be wary of throwing another £1500.00 into the pot with no reasonable expectation of a return.

[pedross]

I am new to this thread and you need to follow the excellent advice you are receiving.

 

However, from what I have read I would not even consider for a minute going bankrupt in the next 28 days. Do what people are recommending and see what happens.

 

If it goes in your favour its sorted. If it goes completely against you and you are ordered to pay the lot just wait for more advice. It will cost you money to go bankrupt so why do it. Just wait for CL to do it if they want to throw good money after bad, which I doubt they will want to do.

 

Its all about bottom line profits to them and spending money to bankrupt people for no return will reduce profits and not increase them.

 

Stay calm.

 

Pedross

[casperlady]

Hi gezwee, yes 30 squids is alot and it's dependent on my OH taking over the gas bill, had to juggle things about a bit. It's probably a mistake too but I thought it might be better to offer as much as possible.

 

Thanks for your advice too pedross. That's a good point too, I'm hoping they will accept the offer, but does anyone know what will happen if they don't and then my 28 days is up and I can't pay anything?

[gezwee]

Hi gezwee, yes 30 squids is alot and it's dependent on my OH taking over the gas bill, had to juggle things about a bit. It's probably a mistake too but I thought it might be better to offer as much as possible.

 

Thanks for your advice too pedross. That's a good point too, I'm hoping they will accept the offer, but does anyone know what will happen if they don't and then my 28 days is up and I can't pay anything?

 

Hi CL

 

Never offer more than you can afford. N245 submission is for a redetermination of your payment schedule and your application will include full income and expenditure. Be realistic with the figures you set and err on the high side for utility bills etc.

 

This will be placed before a DJ and his order will be binding on the claimant to accept what you can affordably manage.

 

They won't like it but hey thats their problem.

 

If council tax etc goes up next year and you need to reduce payments you can reapply and try to reduce order.

 

Bankruptcy........ahem - if they threaten it I'd take it with a pinch of salt, just cannot see why they'd bother - nothing to gain and everything to lose.

 

Gez

[diddydicky]

Hi gezwee, yes 30 squids is alot and it's dependent on my OH taking over the gas bill, had to juggle things about a bit. It's probably a mistake too but I thought it might be better to offer as much as possible.

 

Thanks for your advice too pedross. That's a good point too, I'm hoping they will accept the offer, but does anyone know what will happen if they don't and then my 28 days is up and I can't pay anything?

 

offering too much and then not being able to keep up payments is worse than offering nothing at all

 

your bargaining position is increased the less you offer

 

dont forget you CAN add into your I & E modest monthly savings towards a holiday ( say 50- 100 per month)

 

hopefully that will reduce your offer down to around a fiver which is where it should be!!

[diddydicky]

Hi gezwee, yes 30 squids is alot and it's dependent on my OH taking over the gas bill, had to juggle things about a bit. It's probably a mistake too but I thought it might be better to offer as much as possible.

 

Thanks for your advice too pedross. That's a good point too, I'm hoping they will accept the offer, but does anyone know what will happen if they don't and then my 28 days is up and I can't pay anything?

 

as you have no assets- what will happen is ...........

 

 

diddly squat

 

you are a "woman of straw" you will get some huffing and puffing

 

you can say- (in more polite terms of course)

 

I do not have a pot to **** in- so if you wish to spend more money making me bankrupt to make you feel better then please feel free- for it will give me great satisfaction knowing that you are paying for what i would probably have done myself before -but will not now do because i dont like you

[pedross]

Exactly what I was trying to say dicky but you have a far more (Learned) (Polite) (Subtle) (Elequant) .....down to earth way of putting it!

 

Pedross

[diddydicky]

Exactly what I was trying to say dicky but you have a far more (Learned) (Polite) (Subtle) (Elequant) .....down to earth way of putting it!

 

Pedross

 

 

its the way i was brung up :D:D:D:D:D:D