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    • It isnt a great thing to have to worry about all these things. I am sure someone on this site will offer some great advice.   Priority debts need to be sorted first; Rent/Mortgage, Council Tax, Utility   - Dont quote me as I do not know the legal points around this; but Overdrafts, catalouge, card debts are not priority. I would sit down and work out exactly what your priority debts and living costs are, deduct from your income. Look at all your cards, loans overdrafts etc, list them all, starting from the highest interest charging ones, think what and which ones to work out a realistic monthly payment, dont overpay what you cant afford.  I would consider not using the cards etc, as you will be adding to your debt and problems. I would contact someone Like Stepchange or Citizens advice, they will offer you some very good advice and ways of contacting your companies you have debt with. Dont be afraid of your debt companies, write to the fully explaining situation and what you can realistically offer, do not be preasurised into paying more than you can I personally prefer contact by post or e mail rather than telephone. Ive no idea what Factor, Monzo is, but may well fall in line with what Ive said.   Keep a note in a diary of every call you made or who contacted you, ask for names, keep and copy all letters to and from as this may be helpfull further down the line for record keeping.   Do not ignore contact as this just adds more stress for you and the problem wont go away.   Make sure you make your affordable monthly payments, every month, even if they say we wont accept it, its to low.    As you have a lot of stress going on, I would certainly contact someone like Stepchange or Citizens advice,    Good luck
    • Hy. Caring for family adult learning disability; full time, currently unpaid from work, unpaid carer - receive weekly carers allowance This is what I have searched on so far; - can only receive from employment £132 a week, after Tax, NI, deductions in all about £201.00 a week, but this is taxable and needs to be entered on tax submission, but if less than personal allowance then no tax may be paid? - I believe NI is paid as long as you get the carers allowance, although gap between break in employment and start of carers allowance may not be? -Should employment end due to company not happy in change of hrs and I have to leave, then only the carers allowance would for be the income, If UC is applied for would this allowance be deducted from what UC give or the person I cared for be affected - Savings may affect if you get UC or not - Certainly cant be available for looking for work as full time carer   anyone have any points, help or advice on this issue please
    • hy, In a nutshell; - current contract  work part time Mon to Fri 24 hrs - Unpaid year off break to become family member full time carer - Need to either go back to work at end of next month, start of July or leave - Application for Transfer was turned down   - Letter to go in this week with a application form to request change of contract, hrs, days so that I can look after family member - change requested will be work mon, tues, wed but not more than 13.5hrs or 14, then breaks deducted to stay within legal earnings limit as carers allowance is recieved - it is not possible to work thur, fri sat, sun due to care needs and travelling for adult disabled family member   ok; Ive done a bit of digging, I can send application  for reduction of the hrs and contract which i think the govt said I can legally do. Doesnt mean the company has to be bound legally by it. It may be that it isnt suitible and there for ask me to resign. Or they may agree! Or terminate my employment. But as I am a full time family carer for a family member within the same household, I should have a good case to argue.    Does anyone have any further knowledge or experince of this to advice me, what legal or other rights, but if I quit or asked to quit, would claiming benefits as such be suspended for quiting a job, thanks    
    • I’m looking for some guidance please. I’ve been reading up but am stuck on what I should do and going round in circles now.   Trying to manage my own DMP and making a mess of it I think.   My income is £1015 per month Essential outgoings: factor fee £93 pet insurance £81 (giant breed so quite costly) TV licence £13.37 Groceries for 3 adults and giant breed dog £309 Council Tax £111 Internet £36 Electric £59 No water/gas/car Public transport £30 Gifts £15 Mobiles £6 Debt to family £42 Saving £0 Leftover £220 (for creditors) Actual Original Total Due to Creditors £600 (pro rata started) So I’ve started negotiating pro rata payments while still trying to keep credit cards going for future emergencies (they are maxed now but if I can pay them down it releases credit for me to have as a back Up)   It’s all getting worse, I’m struggling, I have depression, my wife has depression and is unwell. Interest on 3 cards is over £100 so not really paying anything off.   I’ve negotiated pro rata on some and I think I’ve gone in too high because I’m really struggling with it, I forgot that when they ask for income expenses they don’t take into account that the factor bill is 3 monthly and therefore I need £279 by May 31st and not £93 as budgeted so already in trouble for month 2. Partner debts: Starling bank overdraft: £400, 2019. Pro rata £14 arrangement to pay, no default.   Tesco Credit Card: £100  started 1/12/2019; defaulted 7/10/20 £5 mth   Virgin Credit Card: £2700 started 14/5/18; defaulted 30/3/21 £5 mth   Marks and Spencer Credit Card: £850 started 18/10/19; defaulted 13/1/21 £5 mth   Nationwide Credit Card: £1500 started 30/4/19; defaulted 28/12/20 £5 mth   Barclaycard CC: £1400 (PRA group purchased it) started 25/8/18; defaulted 16/7/20 £5 mth.    Aqua Credit Card: £3900 (now with Cabot Financial) started 3/12/18;  defaulted 12/11/20 £5mth   Aqua Loan: £1700 (now with Link Financial) started 28/9/19; defaulted 2/2/2021 £5 mth   My Debts:   Monzo Loan:  £1900 October 2021 – permanent pro rata £39 agreed, not defaulted    Likely Loans: £1500 December 2021 – temp £14 pro rata, not defaulted    Monzo overdraft: varies up to £750  - temp £10 pro rata   Monzo Flex: £900 December 2021 – temp £11 pro rata   Fluid Credit Card: £1500 July 2021 (on a holiday until August) £0    Capital One Credit Card: £700 £40 mth (up to date)   Amazon Credit card: £2450 November 2021 £75 mth (up to date)   Next: £56 December 2021,  £5 mth (up to date)   My dilemma is I can’t pay the factor bill and have maxed my cards.   I wonder about going on a payment holiday with Amazon and Capital One and then negotiate pro rata using a part of the £220 left for creditors in time, so keeping the pro rata proportional.   In August my Fluid holiday ends and they want £80.   I’m not getting hassled by any creditors and prefer an option that keeps it that way but last night seriously thought should I stop paying all of some of them.   Thanks  Stuckfast    
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Tower Capital ~ Is this a threat?


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I have a few pay day loans, I notified them all when I lost my job, got my card changed, have my benefits paid into my wife's account.

 

Anyway I have been backwards and forwards with Tower, Sent in proof of income, signing on book, income and expenditure sheet.

 

All this has been done via email, Now this morning I receive an email which mentions a County Court Judgment, Surely I would have been sent a letter telling me I am going to court, Thus giving me a chance to defend,for this court judgment number to be processed it must surely already be in the system.

 

So is this email a threat, or is it a blatant lie?

 

Here is the email, can I have your thought's please

 

Please accept my apologies for not getting back to you sooner. Thank you for sending all the required information and whilst we fully appreciate your circumstances we are unable to leave the County Court Judgement 9xTx5x42 completely without payment. Therefore, we are able to accept payments at £5.00 per month whilst you are out of work and will suspend any further interest or charges. Should you circumstances change then we would request you contact us so that your monthly contributions can be reviewed.

 

You have two payment options available to you:

 

1. Provide your debit card details so that are automated payment system can be put in place.

2. Set up a standing order with your bank using our details: bank: HSBC, sort code: 4x-2x-3x, account number: 8x4x5x6x, account name: Tower Capital Limited, ref: 2xxx-2xx5 oxxxxxxx Jx

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Amazingly I find that the CCJ is a Legal one and is registered with the courts, along with an attachment of earnings, also a Bailiff visit to our old address.

 

They do have our new address now.

 

But they also Knew we did not live at the address when they raised the court action, as I had an email on the 15/06 and replied on the 18/06 last year.

 

Judgment was made on the 14/07.

 

Surely that was wrong for them to do?

 

I know these firms always act underhanded,but I would of thought doing this is wrong in the eyes of the court if I could provide the proof

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Amazingly I find that the CCJ is a Legal one and is registered with the courts, along with an attachment of earnings, also a Bailiff visit to our old address.

 

They do have our new address now.

 

But they also Knew we did not live at the address when they raised the court action, as I had an email on the 15/06 and replied on the 18/06 last year.

 

Judgment was made on the 14/07.

 

Surely that was wrong for them to do?

 

I know these firms always act underhanded,but I would of thought doing this is wrong in the eyes of the court if I could provide the proof

 

Hi. Sorry to hear about your problem.

 

The difficulty with cases likle this is that service of the Proceedings is valid provided that they were served at the Defendant's last known address. Did you tell them prior to service of the papers your new address? Find out the exact date that the papers were served (ring the Court) and, if it was after your email advising them of your change of address, you can apply for Judgment to be set aside on the basis of invalid service. If you are successful, then you can also apply at the same time for the claim to be struck out, as any papers must be served within 4 months of issue. If this is successful, then they would have to reissue Proceedings, provided that they are within the 6 year limitation period.

 

Hope this helps.

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Hi Sully

 

I would apply to have the judgement set a side in the first instance. I am no expert on this but plenty in the legal forums. You could ask a mod to move it there.

 

You can then decide if you want to defend etc. They tried to take me to court but backed out when I defended. I was confident of my case because they issued a faulty DN.

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Hi. Sorry to hear about your problem.

 

The difficulty with cases likle this is that service of the Proceedings is valid provided that they were served at the Defendant's last known address. Did you tell them prior to service of the papers your new address? Find out the exact date that the papers were served (ring the Court) and, if it was after your email advising them of your change of address, you can apply for Judgment to be set aside on the basis of invalid service. If you are successful, then you can also apply at the same time for the claim to be struck out, as any papers must be served within 4 months of issue. If this is successful, then they would have to reissue Proceedings, provided that they are within the 6 year limitation period.

 

Hope this helps.

 

 

No address we was homeless and in temporary accommodation and they knew we were homeless as I clearly stated it in the email.

 

I have no problem with the £5 a month, but the fact they have a CCJ along with attachment of earnings

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Hi. Sorry to hear about your problem.

 

The difficulty with cases likle this is that service of the Proceedings is valid provided that they were served at the Defendant's last known address. Did you tell them prior to service of the papers your new address? Find out the exact date that the papers were served (ring the Court) and, if it was after your email advising them of your change of address, you can apply for Judgment to be set aside on the basis of invalid service. If you are successful, then you can also apply at the same time for the claim to be struck out, as any papers must be served within 4 months of issue. If this is successful, then they would have to reissue Proceedings, provided that they are within the 6 year limitation period.

 

Hope this helps.

 

 

I am Unlucky, Papers served on the 17/06

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No address we was homeless and in temporary accommodation and they knew we were homeless as I clearly stated it in the email.

 

I have no problem with the £5 a month, but the fact they have a CCJ along with attachment of earnings

 

Didyou tell them the address ofyour temporary accomodation? If youmerely stated that you were 'homeless', then it's arguable that the Proceedings were validly served at your 'last known address'. That said, if they, by being advised that you were no longer at that property, and didn't take reasonable steps to either find a suitable alternative address or method of service (i.e. email), then you should be ok in applying to set aside Judgment.

 

From what you've said, and without knowing the exact circs (i.e contents of the email you refer to), my inclination would be to say that you have a reasonable chance of a successful application to set aside Judgment.

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From what you've said, and without knowing the exact circs (i.e contents of the email you refer to), my inclination would be to say that you have a reasonable chance of a successful application to set aside Judgment.

 

Here are the emails that were received,also phone calls {Which I now know is wrong}

 

From them 17th May

 

Dear xxx

I have tried to contact you by telephone and email with regard to your payday loan with us, which was due to be repaid on xxxxx.

We kindly request that you give this matter your urgent attention and we agree to place this matter on hold for 24 hours. After this time we regret to advise you that we will look to recover the monies owed using our in house legal services.

We have different options to assist you and request that you contact us by return e-mail or by calling us on xxxxxx

 

 

I called them shortly after this

Then this from them on the 15/06

 

Dear xxxxx

Your non-response to our final 48hour email sent to you has necessitated court proceedings. We attempted to call you today to advise you of the situation. Unfortunately your file is queued for court processing on 17/6/2009. Should you wish to make payment into our bank account before the 17th, our banking details are:

HSBC

Sort code: xxxxxx

Account no: xxxxxx

Name: Tower Capital Ltd

 

 

Have no email anywhere for a 48hr notice, Also as we was homeless it was a little more difficult to access the Internet regularly

 

Then I send this on the 18/06

 

I am sorry I have not been in touch over these issues.

 

The situation i am in is dire,

I lost my Job on the xxxth of April, {This is in the hands of the union Legal department}

Our house was repossessed on the xxxxth of April.

 

My Family and I are still currently homeless and are awaiting a decision from xxxxxx City Council.

 

I will update you all in due course, which should hopefully be next week, when we have a decision from the Council

 

If we are to be rehoused then I will forward to you all an income and expenditure document with offers

 

 

Then next correspondence from them was 7/10 by email and letter on the 14/10

 

In which the letter does have the CC No on {Did not realise it was CCJ No}

 

Letter below, They are certainly telling lies in the letter, as they mention an Attachment of earnings, something that they already have with the courts, as the courts tell me it was put on in August

 

 

towercapitalletter.jpg

 

 

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If Proceedings were served on the 17.6, then you'llfind it very diificult to set aside Judgment based on invalid service, based on the emails and letter disclosed above.

 

Given that they have Judgment, and Proceedings validly served, I can only advise you, when and if a repayment plan is agreed (it looks as though £5 a month is acceptable?), then get this, signed by both parties, in a formal Consent Order.

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If Proceedings were served on the 17.6, then you'llfind it very diificult to set aside Judgment based on invalid service, based on the emails and letter disclosed above.

 

Given that they have Judgment, and Proceedings validly served, I can only advise you, when and if a repayment plan is agreed (it looks as though £5 a month is acceptable?), then get this, signed by both parties, in a formal Consent Order.

 

 

Thanks, I will do this,as it would take 7+ years to clear :-D

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