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

[PriorityOne]

Beaconsman, Your wife and yourself need to realise that owing money is not a crime. If your wife was to offer £1 a month on an outstanding debt and maintained those payments, the liklihood of a company taking her to court would be tiny.... because a court only asks for repayments to be made based on an ability to pay; not what a company wants. This is irrelevant.

 

I paid £5 a month on an ex-repo debt of 52K for 4 years without it ever gong to court. They knew there was no more money to fund it at the time and I knew they'd be piddling in the wind by trying to get what wasn't there.... so it continued until they got fed up and asked me to settle for a teeny, tiny sum.

 

You're in good hands with the people on this thread.... but for God's sake hang up that phone the minute you realise it's them on the end of it. Its the only way they can get away with the bowlarks they've been telling you. It would never come to you in writing because it's cr*p, simple as that. You don't need their permission to do anything.... they are debt collectors; not bailiffs. They have no right of entry into your home, can't go for a Charging Order without a CCJ (unless your wife foolishly hands it to them on a plate) and certainly can't send your wife to prison because debtors jails haven't been around for around 100 years.

 

Please tell your wife to stop fretting.... you've now made a legal request for the CCA... and can set aside any other rubbish they've sent you on that basis... and/or other grounds if by chance they do happen to produce something.

 

[PriorityOne]

Go back to post 42man's post #41 and read the thread he's posted on there for guidance.... I've not been through this particular procedure personally... so you might want to wait for 42man to back online to help you with it check that you're ok with everything.

 

It will be fine...

[PriorityOne]

..they have ssaid that can go for a charging order without a ccj,

 

Yes well, they would say that... ... on the 'phone, no doubt. Stop talking to them on the 'phone and you won't have to listen to this kind of sh*t. The only way they can get a CO without a CCJ is if your wife signs and gives it to them.

[PriorityOne]

I really hope OP decides to come back and fight this.... his last post suggested that he'd given up. Unless he logs back in, he won't see what's been written and suggested here....

[PriorityOne]

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/234103-hamptons-legal-what-do.html#post2593842

??? ???

More here than meets the eye, I think.

 

Hmmm.... strange behaviour

[PriorityOne]

S'pose we should be flattered when people go to such lengths....

 

[PriorityOne]

Right, Also, I Am NoW GOINGTo Get InTouch With The Moderators.......

 

WHY WE ARENT FIGHTING, SIMPLE. THE DJ SAID SHE HAD SEEN 25 CASES ON MONDAY 28TH AND TUESDAY 29, OUT OF ALL THOSE, ONLY 3 WERE SET ASIDE, HER ADVICE WAS TO NEGOTIATE...AS WE WOULD LOSE.....EVIDENCE AGAINST MY WIFE FAR TOO MUCH, SHE WANTED MORE EVIDENCE FROM US THAT WE COULD PROVE AN UNENFOREABLE DEBT...

 

AS SHE POINTED OUT, IF THEY HANDT HAVE TURNED UP THEN IT WOULD HAVE BEEN SET ASIDE..SHE ADVISED US TO SETTLE..

 

If you/your wife were taken to court as a Defendant, then it's not up to you/your wife to prove an unenforceable debt.... it's up the Claimant bringing the action against you.

 

Are you now saying that you were the Claimant?

 

If so, then it would explain why you never posted up the POC... like you were asked to...

[PriorityOne]

Beaconsman, there's far too much on this (and other) threads that really doesn't add up.... this is why people doubt your authenticity.

 

If your wife doesn't want to follow advice on here, then that's up to your wife. You've said that she has a friend who is a "lawyer" (I assume you mean solicitor).... If your wife prefers to get her advice from elsewhere, then it is her decision entirely.

 

You've also said that your wife earns 3 x as much as you.... yet you work in education. The assumption is that you're a Physics teacher, but as your info. continues to be vague... you could also be a lab technician.... which might make more sense.

 

The point I'm making is that on the face of it, you and your wife appear to have an income that a lot of people would be grateful for.... yet absolutely no idea about how to manage it. Please forgive me if that sounds judgemental....

 

Bottom line is.... either you want our help or you don't. If you don't, then rather than attack the advice given to you... just go away.

 

[PriorityOne]

 

Bottom line is.... either you want our help or you don't. If you don't, then rather than attack the advice given to you... just go away.

 

 

Well, he's gone again.... so maybe he's decided to follow some advice after all...

[PriorityOne]

Would someone who is not working in the Financial Sector have a case for unfair dismissal if they lost their job because of being made Bankrupt.

 

 

Not sure on that one ODC, but as I work in the education sector myself... an unqualified teacher (Instructor) would be on approx. £17K at least... so if that's what the day job is and his wife's on 3x his salary (as he claims), then he appears to be in a far better position to sort his/his wife's problems out than most people on here.

 

;-)

[PriorityOne]

all very well reading about the successes, what about the ones that havent been won, like ours?..if a judge says we would lose, then we will lose....plus she wasnt arsed about the fact they had failed to coply with a cca request....

 

22 out of 25 set asides LOST! Not won, LOST! think there is a fair assumption, that yes, we have drawn a lottery with the judge and she is a bad one...

 

You wouldn't be the first to get a cack Judge, Beaconsman.... and nothing worth having in life is easy. I've fought many, many battles in my life.... and I woudn't say any of them have been particularly easy.... but I would have lost the house I'm in now if I'd gone through a solicitor years ago. I've never forgotten that, which is why I've always handled everything myself; DMPs the lot. As a result (I believe), I'm not in Debt Row any more...

 

Sometimes you have to keep on with the fight to see justice done and/or maintain a certain standard of living for yourself and your family. You also have to believe in yourself...

 

Edited January 9, 2010 by PriorityOne
typo

[PriorityOne]

all very well reading about the successes, what about the ones that havent been won, like ours?..if a judge says we would lose, then we will lose....plus she wasnt arsed about the fact they had failed to coply with a cca request....

 

 

Then it sounds as if your legal argument wasn't strong enough. A courtroom is a place where aspects of law are challenged and debated, so to speak. People who go in there need to fight their corner.... which means that the arguments need to be polished to perfection.

 

When they're not, people often find themselves ripped to shreds.

[PriorityOne]

If the OP is going to continue being defensive, and ignoring/contradicting what advice is passed his way, then what's the point of continuing this thread? Hasn't enough time been wasted on this already?

 

... because underneath it all, he might actually need some help, not have the confidence to take the system on right now and be lashing out at anyone and everyone instead. It's easier for some people to do that sometimes...

 

If he needs/wants help, then people will try and listen to him, but at the moment he's not making much sense.... so no-one can.

 

I'm not entirely sure of the story, I'll admit.... but am prepared to give him the benefit of the doubt if/when he responds to some of the questions that have been asked.