Any help appreciated thank you

[closetoyou]

Hi

 

First of all, I apologies in advance with regards hash and tag and other advanced features like this because I am not sure. I would appreciate straightforward advice as I thought all this was behind me.

 

Five years ago, I had severe money problems and defaulted on 7 credit cards.

Two banks took me to court.

Both messed up proceedings and I think I surprised the court by admitting I owe it I will pay it,

even though the failure to implement correct procedures could have possibly gone in my favour.

 

Both had Charging orders made against my house should I not pay. I had no problem with this.

 

The Court also put on the Order that I pay one £75 pm and another £44. These were nothing to do with each other by the way.

 

The bigger one, I pay by online banking religiously every month. no DD no SO Card Payment nothing.

I pay it as a bill.

I have never once defaulted.

 

The other five, I have arrangements with and I have done this all myself. No problems.

 

I have made full payments every month to my mortgage

although I have arrears but they cannot take extra because of my monthly outgoings, again

, there is no pressure from them because I keep them informed and I pay full every month.

 

Now the other jokers, the £44 per month.

They are a firm of "Solicitors" featured here on a very regular basis.

My agreement with them was to take £44 pm, by continuous card payment, which they have done.

 

 

Several times over the years they have left me answer phone messages or sent me Statement of Means forms to disclose my financial situation.

I have largely ignored them as the Court Order said £44 per month, so as far as I was concerned that was it.

 

Last week, I had a letter out of the blue from Court stating I have failed to pay as ordered, and I have to fill in the Attachment of Earnings Order

 

I was horrified. It turns out, no payments have been taken since December 2014.

I really must emphasise I had absolutely no idea they had stopped taking money.

I know you hear this constantly but I did not. I have 22 DDs SOs and the only physical payment

I have to do is the one I religiously pay £75 for.

 

In January,

I spoke to someone at the Solicitors who was trying to pressure me into completing the Statement of Means form

with the promise of looking to reduce my 44. i told her i did NOT want to as the Court Order set that amount.

 

 

She kept on and on until to get her off the phone, I agreed to her sending me the form.

When I got it weeks later, i changed my mind and left it as the Court had stated.

It appears no payment was taken from then onwards.

 

 

They said they left me an answer phone message end of Jan and admitted no other contact attempts had been made.

 

This is totally their doing and I am extremely upset.

One of their agents told me the other day, to not return the court papers until i had spoken to someone else who would phone me back.

Nobody did, i eventually contacted someone else, asked what to do re court papers and she said she didn't know what I was talking about!!!

 

I am devastated, being threatened with employers being contacted, or Bailiffs being sent round when I have left everything in their hands.

I have told them I want a copy of my file and especially the phone call in Jan and they said they couldn't.

I informed them I could and so have sent the admin fee to them for this..

 

I also paid the £44 immediately. What do I do,?

It comes across as if I have deliberately disobeyed a Court Order, they have piled their admin fee on.

 

Is this their ploy of getting their Statement Of Means/Income/ Expenditure?

I WILL send the papers to the Court but I am determined they will not get away with this.. so can I request a hearing. ?

 

I will very gladly pay the Court fee because they are nasty extortioners and now I for myself and any others,

am prepared to do battle with this.

 

 

I am so sorry about the length of this and thank you very much for your time x

Edited July 7, 2015 by citizenB

[unclebulgaria67]

Yes you can ask for a hearing,

but i guess you would have to pay the court fee due.

 

 

Speak to the court and seek their advice.

 

 

Say the claimant stopped taking payments per the court order and appear to have partaken in skulduggery to seek other ways to collect the debt.

[closetoyou]

I don't mind paying because if they get away with this, they will continue doing it to vulnerable people. They are either grossly incompetent or using dirty tricks to get a Statement of Means at my cost because they know that with a Court Order already in place, they do not have to go through too many procedures.

[citizenB]

Yes, you can request a hearing, not sure how it is done though, so have asked site team to advise.

[closetoyou]

Thank you....i would also like to know what power, if any, these solicitors have to make me fill in a Income form????? Obviously they can go to the Court which they have done, but if a Court Order from years ago stated £44 what right do they have to keep bothering me over the years when i have made it very clear that i would inform them of any change of circumstances Do they have any legal right to demand???

[citizenB]

They can ask if there has been a change of circumstances, but not to the point of harassment. As you say, the Judgment has specified that you make a certain payment and if it has not provided for a review, then the claimant has the opportunity to apply to the court for an increase.

 

I would say that their response in saying that they might be looking to reduce your payments was rather disingenuous. If they have deliberately failed to take the payment in order to bring about this situation, then the court needs to be made aware of this.

 

You will likely need to provide proof that the money was available for them to take. Perhaps contact your bank and ask if a request for payment was made by the claimant. You really need them to confirm in writing if they didn't make any attempt.

[citizenB]

Here you go.

 

 

The first problem ..why did you ever agree to a CPA...should be standing order...which should be set up immediately and any arrears cleared.

 

With regards to the AoE (N56) you have 8 days to complete and submit...otherwise this will escalate.

 

On the N56 disregard the I&E (complete the rest) and go to section 10 and request the order be suspended and state the reasons.

 

I would attach a separate sheet as there is limited space to provide explanation.

 

"Judgment creditor has CPA in place....Judgment creditor has failed to collect the last 6 payments of its own volition....Judgment creditor is trying to increase the payments without a re determination of the order Judgment dated xxxxxx and payments set at £44 per month.

 

Arrears now cleared and a standing order set up under reference xxxxxxxxxx "

 

Hope this helps.

 

It would appear that speed is of the essence, so get this sorted ASAP.

[SabreSheep]

And another observation. Too much communication on the phone. Phone conversations should be to the court only

 

Their solicitors and clients should be told to communicate to you in writing ONLY so you have a paper trail you can present if need be.

[closetoyou]

Thank you all for your help....it has been very helpful.

 

It gets worse.

 

I wrote immediately to the court when i returned my I and E form and explained everything in detail.

I got a letter back from the court asking me to fill in the very form i had sent them- the N56.

then stating in order to set aside judgement, i was to pay £150 for court hearing at my local court

They also sent me a blank N244

 

I am confused.

 

 

Looking at it, i I did tick the box asking for a suspended order and on reasons why, detailed in my letter. Instead I have the same blank forms sent to me.

 

I cannot remember exactly why i opted for Continuous card payment, i hadn't heard of it several years ago so can only assume it was because it was suggested.

 

I realise everything should be in writing but with the absolute introduction of recorded calls, i felt that was protection

 

The Solicitors have as ggod as admitted that no contact was made in 6 months. Is a Judge likely to take note of that.?

 

I have paid the solicitors £10 for a SAR including details/copies

 

I sent the court all my documents showing I had money in my account but they just sent the letter as stated.

 

There is no way I can afford to clear the arrears in one swoop. I have paid £44 as soon as that judgement came through.

 

I asked in my letter that they were not to be given any info on my i and e. Not because I have something to hide. I don't,

but because I am sickened by the surreptitiously method they used.

I speak to my mortgage providers once every 6 weeks and have paid in full for 2 years solidly.

 

 

There are only arrears which, when I say I would like to pay, even £10 per month more,

they say they cannot set up a plan due to the lack of money I have left after everything paid for.

Damned if I do Damned if I don't.

 

I cannot for the life of me find the original CCJ and Charging Order.

but if my Order states I pay £44 per month and I tell the Solicitors that I am sticking to the Order,

should there be a proper legal procedure, including informing me beforehand,

stating that they will ask the court to order me to give a statement of means??

 

The same Solicitors feature on here time and time again.

The other Bank I mentioned in my last post of which I actually go online and pay £75 each month (and owe a greater debt) have never ever bothered me ever.

 

One thing I never mentioned before, is that a week before I received this bombshell,

I had court papers land on my mat stating change of ownership of debt was passed from the original bank to another company

but the same solicitors were still acting .

I thought this was odd because with other banks, a letter suffices.

Now I know why.

 

So I have no idea where to go from here.

Have I to fill in the same forms?

 

 

As I put that I want the Order suspended, do I need a Hearing,

or can I appeal the Judgement made owing to the fact that I had no idea whatsoever

and the Solicitors admit no contact for 6 months.

Do I pay?

 

 

I am so very confused.

 

 

Thank you guys x

[citizenB]

You should be able to obtain a copy of the Judgment order from the court.

 

I will ask those on the site team with more knowledge to look in on you. Might be later on in the day or tomorrow..

[closetoyou]

Thank you CitizenB..I am just confused with the same forms being sent to me and where to go from here.. I have told the Solicitors I want a copy of the phone call 6 months ago so i don't know how long that will take. At first they tried to fob me off by saying they did not provide such. i said i wanted it as part of the SAR. i look forward to some help x

[dx100uk]

its about time you named names.

 

 

dx

[closetoyou]

Hi......I was thinking how many legal or financial staff read these forums.

I thought that the advice was to stay as anon as much as possible and I wouldn't want to give these jokers the lead.

[honeybee13]

Hi......I was thinking how many legal or financial staff read these forums.

I thought that the advice was to stay as anon as much as possible and I wouldn't want to give these jokers the lead.

 

Hello there. We like to name names here. If you think about it, if other people hadn't done that, you wouldn't have known that a lot of others have problems with the same 'jokers' as you.

 

HB

[AndyOrch]

Also we tend to know how different Solicitors and creditors work so this helps with any advice.....

 

 

If you cant bring the arrears up to date then you will have to fully complete the N56 and live with the AoE coming out of your salary.Unsure why they have sent an N244 that is usually used to amend a processed AoE or to consolidate it or to set a side the initial judgment.

 

The only way to suspend it and stop it is as per my initial advice but the arrears must be brought up to date..as already advised.

 

Regards

 

Andy

[closetoyou]

Hi..apologies if I have misread this..are saying that basically i have no recourse..they can go ahead and get money from my employer by going behind my back, by their own admission and getting an order?

[AndyOrch]

Well yes...but your recourse is to either clear the arrears and go with my initial advice and resubmit the N56...or approach the creditor and agree a fresh payment plan (still having to suspend the AoE).

 

Alternatively submit your N56 as first advised and staple the N244 and request an order that is to be suspended and the claimant resume its collection...as you have no knowledge why though should suspend its on CPA. Shouldnt require a hearing so the fee will be £55.

 

Andy

[closetoyou]

Thank you Andy..will get that sorted out ..much appreciated....

[closetoyou]

Just one other thing re the question I asked earlier..should they have stuck to a orocedure bearing in mind the Court Order stated the amount, also, they have a charging order on my house..If they were happy I was deliberately defaulting why didn't they go down this road?

 

I asked

"I cannot for the life of me find the original CCJ and Charging Order.

but if my Order states I pay £44 per month and I tell the Solicitors that I am sticking to the Order,

should there be a proper followed legal procedure, including informing me beforehand,

stating that they will ask the court to order me to give a statement of means??

 

Many Thanks

[AndyOrch]

Attachment of Earnings is just another means of executing their judgment...the fact that they already have their charging order as security is irrelevant...as some claimants realise that they may never get payment.

 

I note your point that you were not warned of this further action...but they are highly unlikely to ..considering they caused the default..to necessitate further means of enforcement.Its a pity you cant clear the arrears as you could have a field day with this and cause some rather embarrassed faces in court....not that you still cant.

 

Regards

 

Andy