enforcement of judgement debt-advice please ?

[Mr Worried]

Hi To All

 

I will keep this as short as I can.

 

In Sept 09 a mate/creditor got a cca on me for say £3500.00, I got it set aside ( re no defence submitted ) it was agreed with Mate and Judge that I would pay original agreed invoice ( adjusted by us both in front of Judge £1800.00 ) £400.00 per month pending a new job, well that never happened, I told my mate that I couldnt pay, he hung up.

 

I heard nothing from him till I received a letter dated 25th March received today 31st ( thought the strike was over ) from a Debt collecting agy threatning BR, giving me till next week to pay £3500.00.???

 

Any advise people?

 

Mr W

[Mr Worried]

BUMP BUMP

 

OMG I have just had a call from Debt collect UK based in Scotland re the post above.

 

They were very aggresive on the phone and did not confirm that I was me ( if that makes sense ) they went on to rage about the debt and pending BR , 'I stayed calm and said, are you speaking to the correct person' she went crazy really crazy shouting and yelling re debt you must this n that we are gonna BR you etc then she hung up.

 

I arrived home 10 mins later to a message from same company from Mr x stating that I have 48hrs to pay or else I am BR.

 

WoW what a morning, can anybody help please, bearing in mind their original letter to me was dated the 25th March allowing me till the 6th April to respond even though I only received it today.

 

Please help quickly on this please cagers.

 

Ta Mr W

[ukaviator]

Hi Mr Worried

 

In future tell whoever is on the phone that ALL correspondence is to be done in writing. Any phone calls on this matter will be considered Harrassment.

 

Now you will need to ask for a variation on the original CCJ they managed to get on you. Is there an official agreement, any interest on the money owed?

 

As you have been ordered to pay by instalments which you cannot afford, you can ask the court to vary the order and reduce the instalments. This is called a varied order. To apply for the varied order, use Form N245, and ask for the CCJ to changed. Fill in all the details about your income and spending, remember to write in the amount you can afford to pay. You will have to pay a fee to apply for a varied order, i think its £35.

 

 

Keep a copy and send the form and fee to the court. The court will send the form to the claimant, who will decide whether to accept your offer of payment. You can fill in your income and expenditure spreadsheet form here:

 

The Consumer Forums

 

The N245 is here:

 

http://www.hmcourts-service.gov.uk/courtfinder/forms/n245_0204.pdf

[Mr Worried]

Hi Mr Worried

 

In future tell whoever is on the phone that ALL correspondence is to be done in writing. Any phone calls on this matter will be considered Harrassment.

 

Now you will need to ask for a variation on the original CCJ they managed to get on you. Is there an official agreement, any interest on the money owed?

 

As you have been ordered to pay by instalments which you cannot afford, you can ask the court to vary the order and reduce the instalments. This is called a varied order. To apply for the varied order, use Form N245, and ask for the CCJ to changed. Fill in all the details about your income and spending, remember to write in the amount you can afford to pay. You will have to pay a fee to apply for a varied order, i think its £35.

 

 

Keep a copy and send the form and fee to the court. The court will send the form to the claimant, who will decide whether to accept your offer of payment. You can fill in your income and expenditure spreadsheet form here:

 

The Consumer Forums

 

The N245 is here:

 

http://www.hmcourts-service.gov.uk/courtfinder/forms/n245_0204.pdf

 

UK Thanks so much so very much.

 

I never had time to tell them to put it in writing, they just blurted it all out, can and should I complain? to them and if so how, can I do the harrsment letter, and do I need to tell them about the variation order?

 

Do they have the power to do anything over the next few days or at least of their deadline day of the 6th April?

 

At the moment I think that they are telling my ; mate ' what he wants to here, and the message they have left on the phone states that he wants me BR but that is not his choice is it?

 

Mr W

[ukaviator]

Hi

 

The court will send the form to the claimant, as things are getting nasty i would let them get on with it.

 

Regards to the Harrassment you could send them an amended version of this letter:

 

http://www.consumerforums.com/resources/templates-library/52-harassment/135--harassment-by-telephone-response-letter-

 

Continued harassment of them by telephone puts them in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

Get the form in tomorrow if you can, pay the fee, and await a hearing date. You should go to the hearing to defend yourself if needed. Is there an official regulated agreement for the money owed?

[Mr Worried]

Hi

 

The court will send the form to the claimant, as things are getting nasty i would let them get on with it.

 

Regards to the Harrassment you could send them an amended version of this letter:

 

http://www.consumerforums.com/resources/templates-library/52-harassment/135--harassment-by-telephone-response-letter-

 

Continued harassment of them by telephone puts them in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

Get the form in tomorrow if you can, pay the fee, and await a hearing date. You should go to the hearing to defend yourself if needed. Is there an official regulated agreement for the money owed?

 

Hi I cant remember about the regulated agreement figure. but it is nowhere like the £3500.00 they want.

 

At the hearing will they determine BR or not?

 

Mr W

[ukaviator]

Probably not, but you never know. This is a regulated agreement? Do you think they have added charges to the figure you think you owe?

[Mr Worried]

Probably not, but you never know. This is a regulated agreement? Do you think they have added charges to the figure you think you owe?

 

They have added £80.00 that I can see but dont know about anything else?

 

Mr W

[rapterman]

What assets do you have? (House, Car etc).

If the BR went ahead would the creditor benefit from it?

[Mr Worried]

What assets do you have? (House, Car etc).

If the BR went ahead would the creditor benefit from it?

 

Not really, house has neg equity no vehicles only on hp, and 2 charging orders, god it hurts when I write my probs.

 

Mr W

[rapterman]

Not really, house has neg equity no vehicles only on hp, and 2 charging orders,

 

It makes no real sense on someone else making you bankrupt as they won't get much out of it by the looks of it.

 

 

god it hurts when I write my probs.

 

I know it can be hard to face, but it does help to list everything you owe and also to do a budget so you can see how much you really have to live on.

You would then be in a better place to make a decision on what to do next.

[debtinfo]

hi, they cannot bankrupt you in 2 days, until you get an actual petition for bankruptcy they are not getting serious, as the others have said if you have nothing to take then they will only cost themselves money by making you bankrupt.

[babybear39]

The fee for a variation order can be waived under certain circumstances so check before you pay it

[loobyloo85]

yes, they would usually need to set a date for a bankruptcy petition hearing, where it would be decided if they would like to make you bankrupt. You can attend to represent yourself, and explain why you do not think they should make you bankrupt. Have you considered writing to all those involved and negotiating an affordable reasonable payment so that they do not have to take things further ? x

[Mr Worried]

Hi To All

 

Just an update.

 

From the initial outburst from these people and threat of BR within 48 hrs, they have just called me, no security then straight into the script.

 

Hi this is blah blah, would you like to work out a plan to pay this debt blah blah.

 

 

Erm stop calling me , all in writing, hung up,

 

Wadya recon now?

 

Mr W

[babybear39]

Did you record the call? Report them to the ICO anyway

[Mr Worried]

Did you record the call? Report them to the ICO anyway

 

Hi Baby bear

 

I never recorded it because they called me on my mobile number, I am dealing with this by way of variation order, they have since called and said they want some answers soon!

 

Should I write to them saying what I am doing and also tell them of the complaint I shall be filing agaainst them with the ICO?

 

Mr W

[babybear39]

You could write to them if you're feeling generous and explain, or you could make them wait for the variation order to be processed

[Mr Worried]

You could write to them if you're feeling generous and explain, or you could make them wait for the variation order to be processed

 

Hi

 

Now that is what I thought, as the claiment does not seem to be kicking the door inn for a BR, and the dca only gets paid upon collection then I can see a resolve here,its just a question of ' how ' and when to do it.

 

However I think to keep it above board then the variation order is best?????

 

How can I explain to the commisioners office about them? re pressure to pay, agrresive calls, lies?

 

Mr W

[babybear39]

Serious breach of the DPA by NOT clearing security with you

[ukaviator]

Hi

 

Now that is what I thought, as the claiment does not seem to be kicking the door inn for a BR, and the dca only gets paid upon collection then I can see a resolve here,its just a question of ' how ' and when to do it.

 

However I think to keep it above board then the variation order is best?????

 

How can I explain to the commisioners office about them? re pressure to pay, agrresive calls, lies?

 

Mr W

 

In your letter refer to the Debt collection guidelines of the OFT and the Banking Code they have signed up to. OFT guidelines are here:

 

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

 

Go down a few pages and you will see the section you need to quote.

[Mr Worried]

In your letter refer to the Debt collection guidelines of the OFT and the Banking Code they have signed up to. OFT guidelines are here:

 

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

 

Go down a few pages and you will see the section you need to quote.

 

Hi UK

 

Thanks for that info it shall be in my complaint to them.

 

Mr W

[Mr Worried]

Hi To All

 

Just an update

 

After telling this lowlife that I intended to apply to the courts for a variation order, it went quiet for a while,, untill today a call came.

 

Oh there was no security questions either.

...................................................................................

 

Hello Mr W, when can you pay the balance.

 

What balance.

 

The balance of blah blah

 

Then before I could reply, she said very politley, are you having difficulty paying? would you like a payment plan.

 

Can I think about that please and call you in a few weeks.

 

OK Mr W we look forward in hearing from you?

 

Strange behaviour considering a short while ago they threatened me with BR within 48 hrs.

 

Do you think I should get the variation order through the courts or a payment plan with these lowlife's ?

 

Do you think that they are taking the nicey nicey approach re the commision they will get re collection of debt.?

 

What do you advise.

 

Mr W

[babybear39]

 

Continue with the variation order, the court will be much fairer with you

[Mr Worried]

Serious breach of the DPA by NOT clearing security with you

 

I told her that and she said I answered to being called Mr W. then she said stop messing about and get this debt paid, before she started to be nice.

 

Will it be better for me to get variation order through courts and how does it work, or shall I do a plan through dca thus enabling them to collect commision.

 

Mr W