Vulnerable Status

[help_2015]

Hiya all,

 

My wife has a debt with the Sheriffs Office in which we are currently liaising with them - total debt is £6200

 

She suffers from severe anxiety following a violent attack for which she is receiving currently police referred counselling and we have a police reference for.

 

We have provided details of both of these to the Sheriffs Office but have just got an email back to say that despite this we cannot have the 28 days we have asked for to pay this in full and that enforcement will commence immediately

 

Is there anything we can do? If people turn up it is going to lead to her to have anxiety attacks and miss work

 

I was under the impression- probably wrongly- that the new guidelines indicated that vulnerable people would be dealt with in other ways

 

Is there a template letter we can send them?

[unclebulgaria67]

Think that you need to contact the people the money is owed to, as they will be responsible for the action of the Sheriffs office.

 

There is no template letter on this site.

 

If the Police are helping with the situation with you wife, perhaps they can assist. A complaint for harassment against the Sheriffs Office who are ignoring your wifes vulnerability. The Police officer your wife has dealt with may be willing to contact the Sheriffs Office to warn them off and to suggest that they think again.

[help_2015]

Thanks,

 

I will draft something up to the creditor tonight then and get that off first thing.

 

we did CC them into the original 28 day request though so assuming they were part of the rejection process

 

Just a horrible situation as worried it will make her ill as a result of it

 

we will also contact the sheriffs office again in relation to this and site it again to see if we can get it held

[help_2015]

Additionally is it worth me doing a Statutory Deceleration as majority of items are mine?

 

How do I go about doing this?

[help_2015]

Would something along these lines be okay do you think?

 

Dear Sirs,

 

I am writing to you regarding the above reference for which I have an account with you

I have asked via email for an extension to any of enforcement action of 28 days which has been rejected today.

 

I am asking for you to look again at this decision due to my vulnerable status. I suffered an severe violent attack which has left me very anxious and prone to panic attacks. I informed the creditors of this prior to any action being taken along with details from both the police and counselling service who are assisting me.

 

I am prepared to supply you the details of both the officer in charge of the investigation and my councillors who would be able to support the viewpoint of me being extremely vulnerable.

 

I am not trying to avoid paying the order against me but a visit from an enforcement office r- or indeed the threat of one turning up- will lead to me having severe attacks and to suffer severe mental distress. On the one occasion an officer has attended prior to my offer above I suffered anxiety and depression to such an extent that I lost 5 days of work due to it.

 

I hope that you will take the decision to award me a postponement of any action so that I can pay the amount in full within 28 days. I have additionally CC’d the creditors into this email.

[mikeymack2002]

Hi can you list the details of the debt please so we have a better understanding of what is actually going on at the enforcement angle of things. This will allow better advice to be given to you in the long run

 

 

Thx

[ploddertom]

On top of what Mikeymack has asked above.

 

How long ago did this situation with your wife happen & is she still undergoing any medical treatment for it?

[ploddertom]

Have the SO given a specific reason for their refusal?

[help_2015]

Thanks for all the replies

 

It is a CCJ which she got 12 motnhs ago at roughly the same time of the attack to her. She is still receiving counselling for this on a very regular basis. - the severity of the attack is quite high and was of a sexual nature

 

She has only in the last two months returned to work so my major worry is that she will now start having panic attacks again- as she had one previously due to someone turning up

 

No reason was given just that no time extensions will be given and enforcement will commence immediately

 

Naively on my part I thought because the creditor was aware in advance of the severity of the attack/ vulnerability that this was not a course of action that could happen but I was obviously wrong on that

[ploddertom]

The chances are the Creditor is only interested in their money. Does your wife agree she owes the money? Did she defend the original CCJ at all? You say she is willing to pay in full - if so do you have a specific date in mind? Is the £6200 you refer to initially include the Enforcement Fees?

[fedupwith]

I have just read your post as I am going through a similar process. Your wife is very brave to be going back to work and continuing her life, I havent reached that stage yet but I do know how anything can trigger panic attacks and a big relapse which is the last thing you want. Has your wife got a mental nurse/ cpn helping? I think the police would help as it is intimidation and she is very vulnerable, as they are still in contact with you. have you asked them to step in? sorry i am of no help to your problem but my heart goes out to you both.

[help_2015]

The chances are the Creditor is only interested in their money. Does your wife agree she owes the money? Did she defend the original CCJ at all? You say she is willing to pay in full - if so do you have a specific date in mind? Is the £6200 you refer to initially include the Enforcement Fees?

 

Hiya,

 

Yes I think thats very much the case,

 

She did not argue it at the time but she was going through everything, so she should have

 

Yes it includes fees and we can get it sorted in full within 14 days but asked initially for 28 days to play it safe

[ploddertom]

Ok, you probably don't want to hear this but I must say it as I see it. In my view you may not be classed as potentially vulnerable but can possibly help yourselves turn this around by your wife seeking medical help because of the onset of the panic attack following the initial visit, this way you can then provide some medical proof to back everything up and vulnerability could then be an issue.

 

Of course in the meantime if the Enforcement Agent calls then as long as you deny him entry to your home or otherwise prevent him Taking Control of goods outside - a car possibly - then there is not much that can be done. You could try talking to the attending Agent and see if you can reach an agreement with him to pay either in full or in part by a certain date.

 

There is another alternative and that would be to apply for a Stay of Execution against the Writ, this could be done on an urgent basis and if granted would halt all further enforcement action & charges. The cost of this application is now £155 and if interested can furnish further details. Sometimes a Stay is requested in conjunction with a Variation application but if you are considering paying in full then this may not be necessary. Of course if you are positive you can pay within a very short time then stalling for time may be your best bet.

[help_2015]

Hiya

 

Thanks for all your help

 

Am pleased to say following me email they looked at it again and have agreed to the extension

 

Thanks again

[mikeymack2002]

Good news for you! Goes to show when you talk to creditors/Enforcement Agents things can happen, there is zero point in hoping creditors know what your situation actually is unless you tell them !!

 

 

So telling them what is the case can sometimes help, now don't miss a payment or more fees will/may be added

[ploddertom]

Am very pleased to see this has worked out for you, just make sure you keep your side of the bargain otherwise you ask for everything that follows.

[tomtubby]

I have posted on another thread this morning that many companies are 'rewinding' cases back to the Compliance stage' when EVIDENCE is provided of 'vulnerability' and it is pleasing to see that The Sheriffs Office are seen to be doing the same.

 

It must be remembered that the 'writ' that the enforcement agent is enforcing is a COMMAND (much like an order). The importance of 'engaging' with the enforcement company at the 'Compliance' stage cannot be understated.