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    • i would suggest that you stick to researching on here only. use our search top right for say CTAX or liability order.   you seriously have some wild theories, but those are understandable.   as i have said, there won't be a court hearing you need nor would that help you at all nor are expected to attend, it's not like that, it's merely a rubberstamp exercise .   there is no right of forced entry for bailiffs collecting CTAX debts. the bailiff process is one of a letter which will be entitled Notice of enforcement, this gives you 7 days to pay the sum it outlines with an associated fee of £75 for it being sent. the 2nd step will be a visit, you have no legal remit to engage with them at all, i i would not do so under any circumstances, that visit will add a further £235 fee those are the only things a bailiff can do. the most they can charge is a total of £310.   police do not ever get involved in civil matters like CTAX debt. not sure where you ever got that idea from.   its saturday now so use the W/end wisely, get reading up HERE ONLY it might well pay you on monday to go RING the council CTAX dept and plead poverty etc etc. it might also pay you to find the email address or even better phone number of your local MP and get him involved. they can do wonders.   dx 
    • NPAP see here: VCS Spycar PCN PAPLOC now Claimform - no stopping - London Southend Airport ***Claim Dismissed*** - Page 7 - Private Land Parking Enforcement - Consumer Action Group
    • Hi Stu and dx1000uk,   I have done the online assessment and as I suspected I already receive the maximum benefits available to me.   Yes I was referring to the fact that some times I know that non-payment of council tax can lead to imprisonment so thanks for clarifying.   let's say I can't make their demands for payment and they do send bailiffs in, I assume these are the type of bailiffs I can just not let in and then after a certain amount of attempts they give up right? does the council then not send the police round? This is what I can't work out and worries me.   The council already know that I am struggling and can't make the payments but when do I get my chance to tell a court or the police that it's not that I don't want to pay but that I can't pay?    Walshy
    • Hi Stu and dx1000uk,   I have done the online assessment and as I suspected I already receive the maximum benefits available ot me. Yes I was referring to the fact that some times I know that non-payment of council tax can lead to imprisonment so thanks for clarifying. But let's say I can't make their demands for payment and they do send bailiffs in, I assume these are the type of bailiffs I can just not let in and then after a certain amount of attempts they give up right? But does the council then not send the police round? This is what I can't work out and worries me. The council already know that I am struggling and can't make the payments but when do I get my chance to tell a court or the police that it's not that I don't want to pay but that I can't pay?    Walshy
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
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I've recently split from my husband - the financial pressure is just too much. We have a lot of debt and negative equity in our home. I owe 22,500 and my ex owes 12000 on credit cards and loans. I stopped paying most of, mine over the last year and I don't answer phone calls and mainly ignore the threatening letters. I work 3 days per week as a primary school teacher and I get tax credits as I have a 14 month old daughter. My ex pays the mortgage - well it's in his name anyway! I pay everything else. That makes it a struggle to just survive from month to month. I know that eventually I might be taken to court for making no payments but I'm not worrying about as I figure I should just apply for lila br then. I have no assets and a low income. I have cca'd all my creditors and none of them have beeen able to produce my original signed credit agreement. Hopefully they'll all go away and in 6 years my credit file will improve.

 

Anyway, my husband no longer wants the house in his name and wants to sign it over to me. As I don't want to move house in the future this is fine with me as I'm sure I won't have negative equity in the house forever. The negative equity is about £40,000. He says he's happy to keep paying the mortgage but he wants it off his credit file so that he can get another mortgage. My name is on the title deeds but not the mortgage. As I cannot obtain a mortgage due to my position can he do this? The mortgage is with northern rock. Hope this makes sense, any advice would be appreciated.

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The fact that your name is on the house title rules out LILA. Under the present system the only way you could bankrupt is if a creditor takes court action and serves a charge for payment. Please note that many creditors obtain Decree but never serve the charge as they know it will be used to go through the Sequestration procedure. However, council's now serve a charge for Council Tax arrears and Parking Tickets. To cut to the quick Bankruptcy is not an option without this document.

 

You could consider the alternative, which is Trust Deed, in the event that you did not make payment, your Trustee would have an automatic right to Bankrupt you.

 

As for the house it is unlikely that any Trustee would have an interest in a property that has such a high level of negative equity.

 

I apologise for the way this is written as I am very short of time.

 

Nevertheless, I hope it is of some assistance.

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more info on trust deeds:

 

National Debtline Scotland | Debt Advice | Factsheet 21 Trust Deeds

 

re the house, if you cannot get a mortgage then your ex is stuck with it

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You will need to consult a family law solicitor to prepare a Minute of Agreement to ensure that your husband meets his financial obligations to you and your daughter.

 

The concern is that he might expect you to take out a mortgage for the house thereby releasing his obligation and allowing him to get a mortgage to buy his own house.

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  • 3 weeks later...

A Minute of Agreement is a legally binding agreement which is drawn up by solicitors acting for both parties.

 

Given your situation, you would want to ensure that your husband is legally committed to providing financial support for you and your daughter. Should he fail to provide that support then you would be able legally recover any monies due.

 

To do this you will need to consult a family law solicitor - shop around for quotes to ensure that you are getting the best deal. A friend of mine recently paid £900 in legal fees to her solicitor for a Minute of Agreement to be neogotiated and agreed.

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