They will make her bankrupt for 4000 pounds, help please.

[lilly white]

please take a look at section 78 consumer credit act

[beaconsman]

no. no cca as yet, but we arent going to risk it,,its our home we are talking about here.

[lilly white]

i do not understand what will change in the furture fight now.

 

 

 

why .................do this.

[F_DCAs]

Shocking, and inherently wrong.

 

A judge that just takes their word for everything, though they can provide no proof for anything they're claiming?

 

I'm not sure how you would appeal a judge's decision, but I would make it my next move. If I didn't know any better, it sounds like back handers are involved here - that's how dodgy all this sounds.

[lilly white]

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/211818-lowell-hampton-statutory-demand.html

 

 

are these the same people

[ODC]

I I smell a rat. A lying Lowells rat. This was just supposed to be a set aside hearing. Where did the charging order suddenly appear from for a debt that the Leeds Losers claimed as a Credit Card but when CCAed claimed it was for an overdraft.

[beaconsman]

the charging order was discussed as providing a securement for the repayment plan..not risking it our home...we like it here and wife has too much to lose, if she is declared bankcrupt, she loses her job, with that, her income and its 3 times mine, so we lose house as well...sorry folks, thats a risk too far..

[F_DCAs]

No, this sounds incredibly dodgy. I don't see what else a judge can do but set it aside.

 

I take it you have letters that prove that they've told you two different things (a credit card, or an overdraft)? This debt may well be one, but it can't be both.

[Huff&Puff]

please please, dont take all the advice on here as gospel

 

There was nothing at all wrong with the advice given here. If you had continued to fight you would have won without a doubt. But you chose not to, which is your right. Just don't go blaming the advice.

[ODC]

There was nothing at all wrong with the advice given here. If you had continued to fight you would have won without a doubt. But you chose not to, which is your right. Just don't go blaming the advice.

It would seem that the OP is prepared to let the Leeds Losers get a charging order for an alleged debt that they don't even know what it's for let alone be able to produce proof it even exists.

[Huff&Puff]

It would seem that the OP is prepared to let the Leeds Losers get a charging order for an alleged debt that they don't even know what it's for let alone be able to produce proof it even exists.

 

 

Each to their own I suppose. It's certainly not the way I would have handled things myself

[beaconsman]

huff n puff, the case law i quoted from other threads, was blown out of the district judge as being "irrelevant"..if that is the case, then surely it cannot be used in a set asside case, i have had good advice on here, no denying it..but it is our home..my wife is pregnant, and do not wish any further stress, on another note, if my wife cannot proove the debt is unenforceable, then the judge would rule in favour of the claimant, and a petition to bankruptcy WOULD be carried out?..would you be prepared to fight on little eveidence?...we r going to send a letter...on the other hand, if they still cant provide a cca..and the charging order is already ont he house and we pay..what action could we theoretically take?..

[Huff&Puff]

Yes, absolutely I would fight on. You don't have to look far on these forums to find that district judges' decisions can be perverse at times. You also don't have to look very far to find out that unenforceable agreements are enshrined in statute law, with precedents going all the way to the House of Lords. If you appeal you must win in the end. And you re at no risk of losing your house while the case is going through appeal.

 

You don't have to prove that anything is enforceable, they have to prove that it is.

[beaconsman]

and that, is a VERY big risk isnt it?....one that we are not willing to potentially lose our home and which would undoubtledly split a family up...

[bigegg]

is 4k a lot of money to you?

or just an inconvenience?

In my opinion, the judge was WRONG!

Me, personally, for that much money, I'd be fighting teeth and claw.

but I don't have a pregnant wife and a house and job to lose (although even a bankrupcy order is unlikely to see you evicted).

 

As to job - your wife is gonna be off work for couple of years because of baby? bankrupcy will be gone by then.

[beaconsman]

yes, 4grand to me is a lot of money. the judge has stayed the set asside. havent the energy or strength to carry on fighting, my wife will b off work for 3 months then be back in work as we cant afford a salary drop....bankruptcy?..well, maybe for you it isnt important, if my wife is declared bankrupt then she loses her job and career, so house will b gone as she is earns 3 times my salary! the mortgage is based on her income..doesnt take much to figure it out....too much to lose.,sorry

[bigegg]

You don't have to apologise to me!

If it's not worth the risk to you, then so be it!

 

but at least give yourself a couple of days to think about it.

 

Consider that if you you let lowells gain a charging order against your house, then if your wife becomes too ill to work, or is made redundant later... you WILL lose your house any way, with no chance to claim on mortgage PPI or anything else.

 

and all this for a debt that they can't prove, and you don't believe, exists!

[beaconsman]

my wife gets sickness cover with her job! full pay, a perk...redundancy?..she has been there 10 years and is in a profession which is required..not saying what..we will go down the avenu of a valid cca later...having a beer now and chilling...

[F_DCAs]

As Huff&Puff says, they took you to court - the burden of proof is on them.

 

And even if this judge is playing fast and loose on statute, when you appeal (if the other side have no evidence, then there's no way you can lose), it's not going to reflect well on the original judge when the decision is overturned.

 

Personally. I'd be making a lot of noise over this, dragging the other side through the mud in the process.

 

Remember that judges have to follow existing law, not make up their own interpretations of it as they go along.

[bigegg]

As I said -

If it's not worth the risk to you, then so be it!

 

but at least give yourself a couple of days to think about it.

 

sick pay doesn't last forever, and circumstances change - I think the last couple of years have proved to anyone that NO-ONE is immune to the winds of change.

 

take a couple of days - at least until after the new year - before doing anything.

When it comes down to it, YOU know more about your situation than we do.

What I don't understand (and it's none of my business, so please feel free to ignore the question), is if your wife has such a good job, why the aggro over 4k? it's only a couple of months salary at most.

 

But:

DON'T SIGN YOUR HOUSE AWAY!

[ODC]

Beaconsman. Please take a long hard look at this before doing anything. If you dont believe you have the stomach for a fight then try to borrow the money to pay these leeches off ASSUMING they can actually prove the debt. The charging order should be the last resort.

 

The ideal way would be to have the 4 grand handy and still try to fight the leeches. If you lose then produce the 4 grand.

[Bazooka Boo]

Only you know the position your in Beaconsman, and yes I fully agree, a house, wife, and employment MUST all be taken into consideration.

 

No-one can tell you what to do, WE can ONLY advise you, the JUDGE can ONLY advise you, what you do with the advice you are given is completely up to you, what works for me or others won't work for yourself or others, I'm very stubborn and will keep attacking until I either get the desired result, OR, I end up in contempt.......

 

The advice you have been given from here, WILL have been honest proven tried and tested, there are QC's and other legal professionals who spend time advising CAGgers on here, and the best ways and methods in which to achieve their aim, so please don't feel that you have been misinformed, I too would be bloody seething right now, but in the same sense I would be directing that back at the legal profession/Judge/Court/ anyone in a position of authority.

 

Since reading your thread earlier I have been on quite a downer and wondering to myself where it had possibly all gone wrong???

 

Clearly I am not as gutted as you! However, on the plus side, if the CO is set at a reasonable rate for you both to repay, and you are happy-ish with that, and no longer wish to fight this further then that is most definitely your perogative...

 

IMHO I would still question this and continue fighting.

[Bazooka Boo]

Please take a long hard look at this before doing anything.

The ideal way would be to have the 4 grand handy and still try to fight the leeches. If you lose then produce the 4 grand.

 

I am actually thinking that I believe in this so much that I will stump up the cash if you fail, at least I don't charge interest and outragous missed payments/bounced cheques/ late payment fees etc!

 

Today is not the day to be making these decisions, have some time and come back with what it is YOU wish to do.

 

Boo;)

(why is my spell cheqqer not wurqing?)

[twofoot]

Just had a read of this thread. I read it early on when first posted but have not had a read since. I don't understand the OP. He is told how to tackle the problem but decides he is going to pay up anyway. There is something not right here. What he doesn't understand is we have all been there and done it. His situation must have felt bad for him to come on here so why has he rolled over so easily.

[Bazooka Boo]

Because he quite feasibly feels that intimidated and he has a lot to lose should he carry on the fight.

Don't forget that alot of CAGgers coming on here for help and advice are not fully aware of the tactics used by DCA's and indeed the Judge Lottery, he does have a lot to lose if it all went pear shaped, House, Wife, Jobs etc, so you can't blame him for taking good advice, then being beaten with the 'DO AS YOUR TOLD' Stick, and falling at the first significant hurdle.

 

He has Wife, Kids, Job, House, Security, not necessarily in that order, but, it is probably left to thos of us who don't have any of the above, to carry this fight forward and bring them to answer if not to their knees...