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    • Mother and father worked here and then went to SA in about 1978 returning to UK in about 1996 and worked here until 2016 when her husband died at age 66.  He was still working at the time.  She then went to live with daughter in SA.  Mother only claims for her pension. 
    • Thanks, I owe the money, no issue with that, I will SAR the company.  If I need to just pay it and have the CCJ for a few years so be it.  Just thought I'd explore all options
    • By the way you wrote that post, i can see that you are as confused by the situation as someone reading it. Important advice must be not to pay for any flights etc, until they understand the situation fully. Those that have British passports could be entitled to receive UK benefits. However, nothing is that straightforward. The passport does guarantee anything. The daughter could be entitled to Universal Credit ( which includes housing) as a British passport holder, but this can only be confirmed when she has gone through the Habitual Residency test (HRT). So you will need to read about HRT for British passport holders returning to the UK. There will be requirements to provide information about why they are returning to the UK and what work searches have they done to find work on their return to the UK. In regard to the mother who has a British passport, you will be correct in presuming that no council is going to be helpful in paying for the care home fees immediately on arrival in the UK. When did the mother last live in the UK ? When did the mother last work in the UK ? British embassy in South Africa may be able to provide information and assist with applications ? Just getting on a plane, landing in the UK and expecting help to resolve their situation, would be a silly thing to do. I can see the mother ending up in an NHS hospital for a period, while people wondered how they were going to deal with the situation. Probably not the first to do this, but if the mother also has a South African passport, they could put her on a plane back to SA and then the Daughter would be a difficult situation. Embassy in South Africa must be first place of advice.
    • There are online forums for people moving from South Africa to the UK. This is one of them.   https://moveup.co.za/2019/03/08/how-to-move-to-the-uk-a-step-by-step-guide/   If you want to speak to a social worker you could try the local council.   HB
    • This is not our issue, but an issue with a friend.  Our friend is living in South Africa and now suffers from dementia and is in a home.  The daughter has been paying for the home however the daughter was made redundant and has a child to support.  Daughter's husband keeps kicking her out of the house with the 3 year old boy and daughter had nowhere to go. The mother and daughter both have British passports.  Mother and father(now deceased) are British born, but daughter was born in South Africa.   The 3 year old was born in in South Africa.  Daughter is now broke and cannot keep the mother in a home any longer.  Daughter wants to return to the UK where she did live for several years previously so had NI number etc. however not sure what she can do with her mother.  The other issue is that the father is trying to get custody of the child so another issue. We, on behalf of the daughter who phoned us this morning, want to discuss with a social worker the options if any that may be open as on arrival here the mother will need to go straight into a home.  We can offer the daughter and child temporary accommodation with us.  Who should we contact? A very complicated scenario that normally we would not involved ourselves with as we are in our late sixties, retired and not that much money in the bank. 
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tom100

lowell backdoor Cat debt CCJ - now court bailiffs?, how much will this harm my future?

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Hi I am so stressed out.

I've been at a University address since recently and came home to parents house to discover i have had a CCJ filed against me last month for an old catalogue debt and have been ordered to pay £50 per month with the first payment due in the next few days.

 

I don't dispute the debt I just have no money and as I have now just completed my final year at Uni I am technically unemployed.

 

I will be moving back in with parents very soon and am worried a bailiff will be paying me a visit and cause great embarrasment and distress to them.

 

I've done some preliminary research but it looks very complex to me.

Whether I apply for it to be set aside, or ask a court to change the amount, it all involves paying a fee which I don't have.

I think in order to get help with fees you have to be on JSA/unemployment benefit? I don't want to do this.

 

Just wondering what is likely to happen now?

The amount of the debt is "only" around £300ish but I can't afford anything until I get a job.

 

If the bailiff comes and I don't let him in,

I know they can't force entry as long as doors are locked etc but what is the worst they can do?

Can I just ignore him completely?

Any advice greatly appreciated

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Hi and Welcome to CAG

 

If you are happy to accept the Judgment and will ing to pay ..you convert it a more affordable payment arrangement through the court,

 

Using the N245...the fee is £50 unless your exempt.

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?406098-LEGAL-N245-Application-for-suspension-vary-an-order-**Correct-as-at-Feb-2017**

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?406096-LEGAL-EX160-160A-160c-Court-Fees-are-you-exempt.-**Correct-as-at-April-2018**

 

Thread moved the appropriate forum

 

Regards

 

Andy


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Thanks Andy.

 

Just as I feared unless you're officially on a unemployed benefit or receiving help with something, it looks like I'm not eligble for help :-(

 

Does anyone know a way around this?

 

To clarify;

I'm living with parents,

just finished uni,

unemployed,

no money,

deep into an overdraft and don't wish to claim JSA or anything.

 

What can I do?

 

EDIT: Just realised something at the bottom of that topic.

The county court this was claimed via was Northampton so wouldn't be eligble anyway?

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Ask the Bank of Mum & Dad ...or speak to the claimant and arrange a payment plan...most prefer to do it through the n245 rather than direct...because its court approved and if not through the court the claimant will contacting you every week to see if you can increase payment.


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Unfortunately that bank is not an option, and my payment plan offer to them will likely to be £1 or £2 per month (until I get a job).

 

I'm just wondering if there is there any motivation for them to entertain my "offer" when they already have a CCJ instructing me to pay £50 per month?

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As its already been set as monthly payment you could consider a redetermination..this is free if done within 14 days of the date of judgment.

 

https://www.nationaldebtline.org/EW/factsheets/Pages/varyingpaymentsonaccj/instalmentsonaccj.aspx


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Sadly that isnt an option either, the date of the judgment was almost a month ago.

Looks like i am totally and utterly screwed

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Your not re read post # 4.

 

Make them an offer...far better than not attempting anything.


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True I just know from past experience what these debt collection people/agencies are like.

Most of them are just trying to do a job, no doubt under pressure from their superiors with targets etc but their compassion for people struggling always seems very low.

 

I will contact them and try and make a token offer until I gain employment, but what if they reject it and just go through their script of referring me to organisations that can help? Just make the token payment anyway?

 

I'm sure whatever I say or offer "enforcement action" is probably inevitable :-(:-(

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Well as per your thread title...given as your unemployed...I assume no assets.....no savings....not much they can do..whether you pay or not.


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Hi. Digressing a little, why don't you want to claim JSA? You could post on our benefits forum for further advice.

 

HB


Illegitimi non carborundum

 

 

 

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Am I correct in saying that a bailiff can't be used when the debt is regulated under the CCA?

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Am I correct in saying that a bailiff can't be used when the debt is regulated under the CCA?

 

Only HCEO Sham not court Bailiffs


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No...see post #29 in your link


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EDIT - It was actually the solicitors of my original creditor if that makes any difference

Edited by tom100

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Admin/Mod - I've completely messed that up ^^

 

Is it possible to recover my original post from above and delete this one. Thanks

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The Judgment creditor can accept less than than the Court Judgment amount set..( it was the claimant that set amount when they requested judgment)..so not a problem.

 

If we knew who the DCA was we could hazzard a gues as to whether there is history of them ever doing it on a CCA agreement.

 

I would ask for conformation in writing that you have agreed this payment plan....just in case.

 

Lastly the fee to execute a warrant is currently £77.00 MCOL and £110.00 manually

 

Andy


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Thanks a lot Andy

The creditor is Lowell I know they have a bad reputation but it seemed like the woman on the phone was really genuine, but doesnt mean to say she doesnt have more unforgiving superiors.

 

Yes she said I'll be getting payment plan through the post. I really doubt its going to explicitly state "if you continue this payment plan, we won't enforce the debt" as it would mean I could take over 10 years paying it off haha, hardly worth it for them when they have the CCJ?

 

 

So £25 to apply for the CCJ, and £77 to enforce it? Thats almost certainly more than they paid for the debt isn't it?

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Not heard of Lowell executing CCJs with Court Bailiffs.....and they wont for a judgment of £300


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Excellent thanks for the reassurance.

In any case they would have to send a letter giving me 7 days notice ahead of the first visit, right?

 

I have quite a few debts with them, this was for the lowest amount. Do you think its likely they purposely chose to pursue a CCJ for this one to see what my reaction would be and if I would immediately pay up? As if I did, I'm sure they would apply a CCJ on the other accounts too to get the money ASAP?

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Doubt it...what would be the point...they know theres no gold in there hills...now you have informed them with regards to this judgment.


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Like most things on the internet I've seen a lot of conflicting information about this and was wondering if anyone could actually categorically clarify what the deal is?

 

I've recently got my first ever CCJ and am worried sick about the future and what it could prevent me doing.

I don't plan on working in finance, but i've seen things and even topics on here i've searched (from 2012) that suggest it has prevented people from doing jobs you wouldn't think of all because the company performed a credit check.

 

The no mortgage thing isn't a big deal to me, but i'm seriously considering a career in the civil service or the police force and am worried this could be held against me?

 

Some say a CCJ isn't much worse than a default, but it is right? Much worse?

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Depends on the individual circumstances...your assets your employment..your future aspirations....and where your at at this particular time in your life.

 

As in your case tom as we conversed considerably today

 

Your unemployed at present....so no effect cant attach to your earnings and in future unless you wish to work in the finance/legal industry..not a problem.

 

You reside with Mum & Dad... so they cant get a charging order or force sale your property.

 

You have no savings or assets....so they cant make you bankrupt or use a third party debt order.

 

The Judgment only shows on your file for 6 years then falls off...no trace.

 

 

Someone else....who is say asset rich cash poor..it could be bad all the above could apply..

 

Someone else...who is keeping their head above water ...just..it could be devastating ..they could have charging order placed on their property or even forced to sell...attachment to their earnings etc etc

 

So different for everyone....and their particular circumstances

 

Can be a lot worse than a default...subject to the individual


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Only HCEO Sham not court Bailiffs

 

Thanks Andy!

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