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    • thread title updated. you are not filing a defence  you are filing a statement is opposition to the N244 set aside. when did you last successfully defer please? if you have never deferred since sale to erudios in 2013 the debt is statute barred, bar their fake/late dn sent i bet in 2016? and what defence did you originally file please. ideally we need the FULL n244 inc scanned up to one mass pdf, (we dont need statements)  read our upload guide carefully please dx
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    • Hello, welcome to CAG. I expect people will be along later to advise you. Weekends are always quieter here so please bear with us until they're able to get here. HB
    • Hope I'm posting in the correct forum. I am confused about procedure regarding going to civil court next week. The claimant (Erudio/Drydens) responded to my defence but I did not realise that I have to respond back.  I'd be grateful if you could answer:  Was I supposed to send them my updated defence and when?  If I ask the court to do it now,, if they agree, can I just send it to the court or must I also send it to Drydens?  I spoke to the court helpline and the lady said I can submit evidence even if it's a bit late (to go with my defence) so I've done that - I emailed it only to the court. I'm wondering if I need to submit this evidence to Drydens as well? THis is the situation;  I have a civil court case with Erudio/Drydens regarding a pre-1998 student loan. The amount is "£2500.  I did not defer as I didn't get the forms. My argument was that they mismanaged my account as they did not send me annual statements (I have proof - 2018 remediation pack)  I believe the same happened with the forms. I was eligible to defer and only three years away from 50 so no reason not to. I have not moved. I've submitted my defence in July 2019 after which the case was stayed. But as I failed to communicate with them to settle the matter (I didn't know I had to reply to their offers to settle as I did not think what they were offering was fair) they have filed an Application in Sept 2023 to lift the stay a week ago I received a pack in the post with the court date which is next week. The package arrived 6 working days before the hearing, not seven as it says in the rules. Drydens then sent me the same package in the post four working days before the hearing with a letter saying they are waiting for the Order to be lifted.  I'm worried now that they will not allow it to go to trial as Drydens claim that I have not submitted sufficient evidence. They although produced the copy of the deferment letters which they claim they sent. I didn't realise that I can amend my defence based on their reply to my defence. I thought the court was again going to send me a form to do that, like they did the first time.  I'm clueless and have no money for a legal representation as I'm not working at the moment.  Any help would be much appreciated!
    • Is elphicke still with labour or has she jumped into the frankly far more apt 'reformatory yet? Sure that her move is just intended to destabilise Sunack for the poopy right   I hear rumors Boris and Doris have tested the water through proxies - not sure if its true - and they probably happy to (are?) chance-it with all/any
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sheriff officers help needed


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Can anyone help answer a few things for me?

 

I am in a very difficult situation, I left my home over two years ago and went in to hiding, because of ex abuse.

 

i was working, I had an accident, my ss ran out n I claimed esa but they stopped it because I wasn't sick enough,

 

I've been staying with my bf now as I've just had a operation, I'm not registered to this address but my mail for Dr etc is at this address, when I claimed esa I had to put down an address

 

, shortly afterwards aletter came for old council with court summons they had executed it was from Jan 2015 then walker love posted letter through door saying they had the debt.

 

, I had no money so could do nothing, then scot & co wrote in sept to say they had now the debt and we're freezing my bank but there wasn't any money in it, I have had no money since May 2015 since esa stopped and was told that because I was still employed I wasn't entitled to help, so my bf has his own house and he has looked after me,

 

So my neighbour ran me to say a man was at my door last Thursday and knocking on other people's doors he then left there was another man in the car she said, then on Monday he was back I was out at my physio but she said he was round at the back door too, and knocking on other doors,

 

and stopped her husband as he was driving off, and asked if I lived their, her husband told them nothing, he said he looked official and was carrying a clear folder with some kind of form.

 

They had left the car running and the other person had stayed in the car, I'm now thinking it's the sheriff officers. I own nothing in here and I'm stressed out thinking they are coming to take my bf belongings or at least we will have to prove who owns want. I seeked advice yesterday, and was told under no circumstances to open the door to anyone,

 

I went through my income etc and they said I need to do a map, as it's over £3000 and there isn't a chance I'll be working anytime soon, they told me to contact the sheriff and offer them £1 a month till they sort out the solution but I don't have £1 and I really am not well enough to be dealing with these people over the phone, if it isn't even them.

 

This isn't my house, my bf is mortified with me, I feel ashamed it's gotten to this, I've had no correspondence from anyone since sept, although I had a old fine for car that was outstanding and I received a letter from sheriff court about it in Dec, my bf gave me the money to clear it, I have always worked before all this, I did struggle though, one bill is for £200 from 2002 other is them charging me for the whole year 2013 2014 when I didn't even live there, but because I left my home I think that's what has happened.

 

I don't know who to call, one person is saying don't deal with them, don't talk to them, the other is saying ring them up, but I can't have this anymore, I'm getting severe chest pains, with it all. If I have had no letters to say they have a warrant yo enter bf house would I have been told before hand? So I could have challenged it. Or will they just turn up break in and take my bf stuff.

 

Help

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Have you contacted your former LA TO see if they have any other liability orders? If not please do so, this is just in case you have others you are not aware of...

 

Finally have a read here http://www.consumeractiongroup.co.uk/forum/showthread.php?195735-Council-tax-bill-over-6-years-old

If I have been of any help, please click on my star and leave a note to let me know, thank you.

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No the council sent a plain envelope in Jan 2015 with all the bills for total of 3400, including from time I had left the property.

 

It really was a act of desperation leaving the property after 16 years.

 

 

It just had copies of the court summons.

 

 

Then walker love posted envelope through door saying they had the debt, then in sept scot & co said they were dealing with it, but through it all my sick pay had ran out and I claimed esa, which stopped after the atol assessment, which I made a phone appeal, then called benefits agency and they said because I was still employed I couldn't claim anything, so that was last may, my ex looks after my son who is nearing leaving school and whilst I has the esa, they were taking csa payments. So I ended up living on nothing.

 

I didn't have anymore information for the benefits agency because I was still undergoing tests and Mr is, then they found the problem and operated at the end of Oct.

 

 

The letter in sept just said scot & co were dealing with the council tax now, and they had a attachment for my bank. There was no money in it anyway, then I've heard nothing.

 

 

I'm still under the doctor and hospital and won't be back working anytime soon.

 

I know it was through the benefits agency they found me.

 

I really don't know what to do.

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Hi,

 

The Sheriff Officers cannot take anything that does not belong to you. I take it they have already applied for and got a Summary Warrant and Charge for Payment as they have already attempted to recover funds from your Bank Account.

 

Once a charge for payment has been issued you can apply for time to pay which will allow you to make a repayment plan. It will also prevent Sheriff officers taking any futher action against you.

 

Are you saying there's no way you can pay them anything.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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I have absolutely nothing no income, no assets, as said in my message,

 

 

i had to leave home,

i have had nothing to live on since last may when atol stopped my esa contributions.

 

 

I phoned benefits agency and was told because iIwas still employed i could not claim.

 

 

I have been living off others since,

 

 

i have also been back and forth hospital for months waiting on my operation which ive now had.

 

 

I contacted step change as a cry for help,

they said to go bankcrupt.

 

 

And in the meantime call up these companies and offer them a £1 but i would have to borrow the £1

and I ccan't use my bank.

 

Also the charity said if they have a warrant they can break into house,

and it will be up to me to prove the things in the house are the owners,

and he is just going to go mental.

 

 

I am now at the point today,

 

 

I can'teven think straight,

that is twice they have been at the door now,

yet im told not to answer by the advice i have been given.

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A few years ago I was about a week away from being Sequestrated by Scott & Co, I was due them just over £6,000 in Council Tax.

I contacted them and arranged a payment plan which I stuck to and the debt was finally paid off, they can be a real pain, they also arrested my Bank Account but like you there was not enough in it for them to take as a certain amount is protected.

 

I did not get access to that account for a period of 5 years when I could finally withdraw the £100 and odd pounds I had in it.

Your saying you want this all to stop and get something sorted out, I would contact Scott & Co and explain your situation as they will continue to do what they can to recover the debt.

They cannot get blood out of a stone and hopefully realize this.

 

I would think Sequestration may be your only option, though I'm sure this carries a £200 fee.

 

There's info here from National Debtline....

 

https://www.nationaldebtline.org/S/factsheets/Pages/04%20SCOT%20Diligence%20-%20how%20creditors%20can%20enforce%20debts/Page-09.aspx#

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Thanks for the replies,

 

 

well as I said I have no money at best my mam said she can give me the £90

for the minimum asset payment bankrupcy,

 

 

I don't know what to do in the mean time as someone was knocking at the door again today,

 

 

I really want to know what happens if they are coming but don't tell you,

then they come in and take all my bf stuff,

 

 

I don't care about myself here only him,

I am going to ring them tomorrow and explain my circumstances

and also phone the benefits agency, and resign from my job,

so at least if i can get some money I can give them something, x

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  • 1 month later...

How did you get on with this.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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