Help please - on the edge !!

[ooberj]

I've got myself in a right mess with a debt that untill recently I had under control

 

Debt Is for a personal loan - warrant ha been issued as I missed a payment to the debt collector and now baliff is involved

 

I owe 2k - I can't pay it in one go I just haven't got the cash- I have no goods that sold would generate that kind of money .

 

Now the slip of paper he has shoved through the door says that the amount is only £172 . This I can pay at the end of the month an realistically I could pay that untill debt cleared ..

 

I have spoken to baliff on phone - not a pleasant bloke only gave one word answers - all I've said I I can pay whats on the letter didn't mention any amount .

 

He has not been inside my house..

 

What are my options anyone im stressing

[alfwithhair]

I think you may have been blagged here as debt collectors are not bailiffs and have no bailiff powers

You say it is a personal loan. Who is the original creditor and who is the debt collection company.

Whats the name of the bailiff company?

Has this been to court? Is there a CCJ an this debt?

When did you last make a payment towards the debt?

[MARTIN3030]

Can you give a little more info.

Who issued the proceedings which led to the warrant,and was a repayment plan set up and ordered by the Court prior to this ?

When was the warrant issued do you know ?

What is your financial status-are you unemployed or on any benefits ?

What about health ?...any medical issues ?

Can you say EXACTLY what the paper pushed through your door says ?

We could do with knowing who the Bailiffs are-if you dont want to say on the thread-send me a pm or report to site team via the black triangle.

[alfwithhair]

Would the Bailiff be Philips or Rosendales by any chance

[dx100uk]

opps some else fallen for the dca claiming to be a bailiff act

 

report them to everyone via comsumer direct

 

and DONT pay them anything!

 

dx

[MARTIN3030]

Knowing who the Original creditor was,who instructed Court action and who the bailiffs are-is tantamount to helping here.

Please let us know.

[ooberj]

Knowing who the Original creditor was,who instructed Court action and who the bailiffs are-is tantamount to helping here.

Please let us know.

 

Ok

 

Original debt was with alliance and Leicester

Apparently it had gone to court and me missing the payments had led to it breaching the judgement, I wasnt aware of this untill I received a letter from court saying that judgement had been passed and warrant for seizure .

 

Letter shoved through door is a half A4 note

Has hm courts and tribunal service on the top left.

Debt details Hand written on top right .

And basically says I can only contact Mr ****** between 9 and 10 if payment not received i will incur costs for van to collect

[citizenB]

Are you saying that a Judgment has been awarded against you, without your knowledge ?

 

Please, please answer all the questions asked above so we can help you further.

[ploddertom]

If A & L have a CCJ against you they sound as if they have instructed the Court Bailiff to call on you. You do not have to let this person into your home. If you have no knowledge about any of these proceedings before the Bailiff has called there may be a chance you can have the Judgment set aside.

 

PT

[MARTIN3030]

I cant understand where the figure of £172. comes from if the debt is for 2k,even if this has been fixed as the minimum they would accept and will allow repayment plan,I cant see how this figure has been determined without knowing your circs and agreeing this with you.

You say that you breached the Judgment.so did you attend the previous hearing or else apply for variation after the original Judgment or what ?

What were the payments that you were paying before ?

Yes it does look like this is a Court bailiff.

[ooberj]

ok in todays post i recieved

 

Notice of issue of warrant of execution from northampton (cbbc)

Urgent

To the Defendant

You have not made payment under the judgement you were ordered. The claimant has therefore asked for a warrant to be issued to the baliff to sieze and sell your goods. Unless you pay the amount due to the county court before 01.06.11

Total to pay 172.25

balance outstanding 2158.30

 

So im gonna pay the 172.25 but what happens to the rest.

I didnt know i had already had a judgement passed i assued it was just a dca i was paying the 25 a month too.

Last payment about 2 months ago..

 

Im working, married, 1 3yo child.

no medical, no benefits .. just a bit stupid a few years ago with money and paying the price now !

[MARTIN3030]

Ok it looks as though the difference from the 2k to now is the added costs of the Court action.

If you believe that you have good grounds to challenge the original CCJ, then you would need to apply to have this set aside.

The problem is,you would need to have good grounds and convince the Court.

In any case if you are likely to have trouble maintaining the repayments at this rate,you need to be applying to have the repayment amount varied.

If the Original creditor does not agree,then a short hearing would be made.

You say that the origins of the debt is a personal loan-do you know if there was fees or charges/PPI added ?

You may be able to claim these back if there was.

[ploddertom]

I would suggest that you fill in Form N245 for a Variation as Martin has suggested and also on the same form ask that the Warrant is suspended pending determination of your Variation application.

 

PT

[tomtubby]

If you have good enough grounds you could apply on an N244 to set aside the Judgment but courts are not always in agreement to such requests if it would appear to the Court that at a re hearing the same result would be handed down.

 

Therefore, in order to succeed with such an application, you would need to demonstrate that the amount being claimed is incorrect etc. Also, there is a £75 court fee to pay.

 

If you think that such an application is not likely to succeed, then it would be in your best interest to instead, apply on an N245 to "vary" the court order.

[Ell-enn]

Did you receive a judgement order from the court following the application for a CCJ? it may have said you need to pay the judgement by installments - perhaps £50 per month? If you didn't make any monthly payments then the creditor would ask the bailiff to enforce. The amount of £172 will contain some of the missed monthly payments and the court bailiff fee - in effect they are trying to get you to bring the payments up to date. Ring the court and ask what the CCJ order was for - i.e. were you supposed to pay by installments - the bailiff should be able to tell you that but if he's not particulary helpful ring the court.