Jump to content


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3635 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Sorry if this is in the wrong section, just trying to learn a few things.

 

So you have a debt, say a bank for example and you cannot pay. It then goes to a DCA either in house or not, they bully the life out of you but you still cannot pay.

 

They end up taking you to court to obtain for a CCJ, which for argument sake you get given.

 

However you still have no money to pay at all.

 

This is where i get confused, what happens if you cannot pay a CCJ, if a warrent of execution is served but you have no assets then what?

 

Have i got things in the right order?

Link to post
Share on other sites

The chances of a judge ordering a warrant of execution depends on the value of the debt, i.e. less then £1,000 they will probably not issue one. However it also depends on whether you keep to the repayments under the CCJ.

 

Now when issuing a CCJ the court will ask for an income and expenses disclosure from the debtor, so the judge can see what you can afford to pay each month, in a lot of cases, a judge will order the debtor to pay just £1 a month.

 

But to be honest the best thing to do is test the creditors legal rights to enforce any such debt prior to any court action, i.e. send the prove it letter, then CCA request, then SAR the original creditor. If the CCA is invalid, then the debt can not be enforced in court, and if the debtor was not served with a valid Default notice then the debt can not be enforced in court either until the invalid default notice is remedied. However the default notice can only be remedied by the original creditor, so if the creditor sold the debt to a DCA (Notice of Assignment needed) then the original creditor can not longer remedy the invalid default as the agreement between the creditor ceased to exist from the point the account was sold, and you simply can not remedy an agreement that does not exist. And if sold of the back of an invalid default then the creditor has committed an unlawful rescission of contract for which you can counter claim for damages of up to £1,000 if they were stupid enough to try and take the matter to court.

Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

Link to post
Share on other sites

ok thanks, reason i ask is i was made BR and due to my wifes mental health i have asked a bank to write off her debt of about 6k, they have medical evidence etc. However i just wanted to know what would happen if they said no.

Link to post
Share on other sites

Hi Matt,

I doubt very much whether it would ever get to that stage in your wife's circumstances. How it will progress will depend on the type and amount of the debt.

WOE's can only be issued for debts up to £5000. In Scotland the debt has to be between £600 and £5000.

There are restrictions in what bailiffs can take and do. They cannot force their way into your house. They cannot take essential household items or tools of the trade, and they cannot take anything not belonging to your wife, although they can take jointly owned items. If there's nothing to take there's not a lot they can do, and the Warrant expires after 12 months.

More details here...but frankly I don't think it will happen.

 

What type of debt is it...OD, loan, credit card? Roughly how much? Does your wife own or part own your home?

 

Check out the MALG guidelines on Mental health too before writing to the bank (I assume you've got your wife to sign a letter giving you permission to deal with her affairs?)

Depending how they've treated your wife so far, and how they respond from now on will determine how to proceed, be it by demanding proof of the debt as above or reclaiming charges/PPI, and whether you can raise valid complaints under various regulations.

Unfortunately "unlawful recission" or more correctly repudiation, is not considered viable at this point in time due to recent cases.

 

Kind regards,

 

Elsa x

PLEASE NOTE... I AM MOST SORRY BUT I HAVE VERY LIMITED AVAILABILITY AT THE MOMENT DUE TO EXTREME PRESSURE OF WORK - IF YOU REQUIRE URGENT HELP ON YOUR THREAD AND ARE GETTING NO RESPONSE PLEASE HIT THE TRIANGLE FOR SITE TEAM ASSISTANCE. ELSA XXX

 

Please check out my BLOG for the quick guide to debt threats - it has all the info & letter template links you need to get started on your journey of TAKING CONTROL. :roll:

 

All opinions are my own based on research. I am not legally qualified, if in doubt please consult a legal expert.

Hope this has helped or made you smile. Keep your chin up, you're among friends now! Elsa xxx

Please click the *star* of any CAG member who has helped you .

Link to post
Share on other sites
Hi Matt,

I doubt very much whether it would ever get to that stage in your wife's circumstances. How it will progress will depend on the type and amount of the debt.

WOE's can only be issued for debts up to £5000. In Scotland the debt has to be between £600 and £5000.

There are restrictions in what bailiffs can take and do. They cannot force their way into your house. They cannot take essential household items or tools of the trade, and they cannot take anything not belonging to your wife, although they can take jointly owned items. If there's nothing to take there's not a lot they can do, and the Warrant expires after 12 months.

More details here...but frankly I don't think it will happen.

 

What type of debt is it...OD, loan, credit card? Roughly how much? Does your wife own or part own your home?

 

Check out the MALG guidelines on Mental health too before writing to the bank (I assume you've got your wife to sign a letter giving you permission to deal with her affairs?)

Depending how they've treated your wife so far, and how they respond from now on will determine how to proceed, be it by demanding proof of the debt as above or reclaiming charges/PPI, and whether you can raise valid complaints under various regulations.

Unfortunately "unlawful recission" or more correctly repudiation, is not considered viable at this point in time due to recent cases.

 

Kind regards,

 

Elsa x

 

Hi Elsa

 

They had sent me a debt and health questionaire which was filled out by medical professionals and her care co-ordinator to which im still waiting for a reply. They know not to contact under any circumstances, however they did send her an enforment notice, i rang them and explained im waiting for a decision and the account is back on hold for 28 days, also got a letter of apology for them contacting/threating her.

 

Its for 2 OD's which were joint until my bankruptcy and a CC, in total of about 6.5k.

 

The OR in my bankruptcy has already determined we have no assets execpt the car which i was allowed to keep for appointments, work etc. However, thats mine and in my name.

 

I did think of getting a proof of ownership to the goods in our house in my name, i cant think of what its called but its a legal document saying that anything in our house is mine and not jointly owned

Link to post
Share on other sites

Hi Matt,

You'rve done all the right things so far...well done :-)

 

OD's a tricky in terms of challenging them...have you done a CCA on the card...may be best to give them chance to "do the right thing" first though, so I'd hold on that as plan B.

 

The Statutory Declaration of Ownership, and other useful templates and info about bailiffs is here

 

Stick to your guns, and good luck with this...keep us informed, shout if you need anything and we'll help all we can.

 

Elsa x

PLEASE NOTE... I AM MOST SORRY BUT I HAVE VERY LIMITED AVAILABILITY AT THE MOMENT DUE TO EXTREME PRESSURE OF WORK - IF YOU REQUIRE URGENT HELP ON YOUR THREAD AND ARE GETTING NO RESPONSE PLEASE HIT THE TRIANGLE FOR SITE TEAM ASSISTANCE. ELSA XXX

 

Please check out my BLOG for the quick guide to debt threats - it has all the info & letter template links you need to get started on your journey of TAKING CONTROL. :roll:

 

All opinions are my own based on research. I am not legally qualified, if in doubt please consult a legal expert.

Hope this has helped or made you smile. Keep your chin up, you're among friends now! Elsa xxx

Please click the *star* of any CAG member who has helped you .

Link to post
Share on other sites
Hi Matt,

You'rve done all the right things so far...well done :-)

 

OD's a tricky in terms of challenging them...have you done a CCA on the card...may be best to give them chance to "do the right thing" first though, so I'd hold on that as plan B.

 

The Statutory Declaration of Ownership, and other useful templates and info about bailiffs is here

 

Stick to your guns, and good luck with this...keep us informed, shout if you need anything and we'll help all we can.

 

Elsa x

 

Hi

 

Thanks, i've learnt so much from being on here and through and certin mr TINGY lol

 

The balls in the court at the moment, they have everything they need including written statements about the severity of her illness and what her long term employment options are which are none.

 

Using the MALG to deal with them and also the change in the lending code has made a huge difference when dealing with them, which makes a change.

The Statutory Declaration of Ownership, that was it, that the next thing, etc

 

Thanks Elsa

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...