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    • I'm on happy pills (anti depressants) but they aren't cutting the mustard anymore and I do need to see my GP soon to see if he can help in anyway. With regards to gambling it's so complicated; through my life I have made money (as well as having had some jobs)  being a "professional gambler" (gambling where the odds are in your favour - think card counting for example, fruit machines years ago for a long time.... Other things.) But I've also been totally compulsive at the same time. It;'s so entrenched in my psyche that it's hard to imagine just giving it up totally. I also have drug issues that have plagued me and it's a shame because I am fairly intelligent and could have been successful in life in theory but mainly due to those two things (and not really having any drive, ambition, whatever... I could go on and on but this isn't a therapy forum :P) I've not managed to. I'm 36 by the way. Cheers
    • Oh I just remembered I have a long defaulted account with Halifax balance approx £3700 I believe (from around 2015) but they aren't chasing me for it or anything. It was actually over £5000 but they refunded me a load of unfair charges (their words)  This does however push me over the £20,000 limit for a DRO I think?  
    • Hi.   I think you've made a good start by setting out in writing what you need to deal with. People should be along later to advise on how to deal with your creditors.   For the mental side of things, have you talked to your GP about getting some help with what's getting you down? Or support with the gambling issues?   HB
    • Hi people.   So I've managed to get myself into a sorry state financially. I'm insanely depressed which I guess is common for many. I don't think all of it comes down to the financial stuff but it is really crushing me now.   Facts: A lot of debt has been due to living on credit and gambling. I don't have a job. I know I should get one but I just totally despondant at the moment (due to many reasons). I don't expect any sympathy but I thought I would share this.   It's tempting to bury my head in the sand and wait for the inevitable calls from various collections departments but I want to be as proactive as possible. I think I've cancelled all direct debits so I don't get bouncing charges from the banks...   So onto the debts:   Loans livelend; £2400 was 4k 13% interest Bamboo £3000 (only just made the first payment this month) supid interest Likelyloans approx £3500 stupid interest  One payday loan for £200 I just got to cover some bills (knowing that I'd unlikely be able to pay it) - this is the only thing I haven't cancelled with the bank as they just take it from your card   Credit cards: Aqua approx. 3900 Capital one approx. 1200 Amazon approx £500 Paypal Credit Approx £1100 Overdrafts Santander £1500 Barclays £1k limit (I don't actually pay anything for this)   So all in all approximately £18,000     I also have a negative Paypal balance of £5000 but I don't believe this classes as a debt and I don't think they can do anything about this having read up on it quite a lot.   I guess my question is what is my best course of action. Should I look to do a DRO? Should I go bankrupt? (eurgh. Full disclosure I did this 15 years ago when I was 21. You think I would have learnt!) Should I write to each creditor and offer them £1 a month? Should I talk to one of the debt charities?   It is all my fault that I'm in this state but I also know that it's not the end of the world because they are all non priority debts. I probably am slightly behind on the council tax but not significantly.   I started claiming universal credit a couple of weeks ago and had my first appointment last week but managed to miss the next one due to not being able to sleep and then oversleeping and so I guess they've probably kicked me off that already and I might have to claim again.    So yeah. I take responsibility for what's happened but I don't see any way out. I've been very depressed lately due to this and other things. There is no one to "bail me out" and I probably don't need or want that anyway. Any advice appreciated          
    • Hi All,   I left the UAE 2 years ago. Have my bank clearance letter from HSBC.  I have been receiving emails from a company based in Hemel Hampstead IDRWW about money owed to the bank of RAK in the UAE which I’ve ignored as thought it was spam. I have now received a letter through the post saying the same thing (no idea how they have got my new address) that they are acting on behalf of RAK bank. I’ve never had an account with them but know how dodgy things are over there so would be nervous going back!.... Do I just ignore it or reply? It must be identity theft?  I am also nervous about travelling as I travel a lot & wouldn’t want to be arrested!!  I obviously have no intent on paying a debt that is not mine plus have no assets here anyway... Can they actually take me to court for something that isn’t mine??  Any info gratefully received.  Have spoken to citizens advice & they couldn’t help. Thankyou   
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Just now, Dodgeball said:

As for the other silly remark, again BA is talking about continuing the enforcement you are talking about fee avoidance?

 

No, just repeating that BA advised that the OP should inform the EA that they will pay the arrears to the council unless a new NOE is sent. BA is very clear in that. Of course as we know previously BA has maintained that once an account is with the EA then a debtor cannot pay directly to the council.

 

Has something changed?

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6 minutes ago, Dodgeball said:

What are you talking about the words liability order are mentioned in the quote? That complaint has to be made via the authority, I think you will find and the criteria above still apply. IE not for just saying the bill is wrong, the authority has to agree and send the complaint. Wandering about again, typical.

 

Just to clarify - a LO can be set aside in a magistrate's court. I think Judge Burnton referenced it 4 times in the quote from the link.

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So the current position is that Dodgeball says you cannot set aside a liability order, and several judges and barristers, plus common law confirm that you can.

 

The choice is yours.

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No it cannot, at least not in any way which would assist a anyone on here. Not in the way you initially thought


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Just now, otterlyendo said:

So the current position is that Dodgeball says you cannot set aside a liability order, and several judges and barristers, plus common law confirm that you can.

 

The choice is yours.

The judges of course were discussing a different scenario completely as you well know.

The point is that no one can get a liability order set aside just because they dispute it. your judges agree there also.


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6 minutes ago, Dodgeball said:

No it cannot, at least not in any way which would assist a anyone on here. Not in the way you initially thought

 

All I did was correct you by saying that a LO can be set aside. I made no mention of how - that was just your assumptions.

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4 minutes ago, Dodgeball said:

The judges of course were discussing a different scenario completely as you well know.

The point is that no one can get a liability order set aside just because they dispute it. your judges agree there also.

 

Well to be fair, no-one can get any judgement set aside just because they dispute it. There needs to be evidence as to why it's disputed.

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On 18/01/2019 at 15:56, ericsbrother said:

you need to know when it went to court to give the council the liability order.

 

being at an old address they probably did this but that also means they may still be chasing the debt at the old address rather than asking the court to change the paperwork.

 

This menas that you are likely to get a set aside if you apply for one and then you can pay what you owe rather than the fees as well.

 

Also a poke in the eye for the councl if they knew they were chasing you at the wrong address

Just to try and get back to earth, this is the sett aside I was referring to.


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16 minutes ago, otterlyendo said:

 

No, just repeating that BA advised that the OP should inform the EA that they will pay the arrears to the council unless a new NOE is sent. BA is very clear in that. Of course as we know previously BA has maintained that once an account is with the EA then a debtor cannot pay directly to the council.

 

Has something changed?

My position on paying the council direct once an account has been passed to an enforcement agent has always remained the same. It does not work. However, in this particular case...and this case ONLY, the enforcement company appear to be unwilling to issue a fresh Notice of Enforcement in line with the regulations.

 

Accordingly, I would argue that the ONLY amount that the OP is liable to pay is the council tax arrears. The problem is, if the OP paid this sum to the enforcement agent, then common sense would dictate that the 'Compliance fee' of £75 would be deducted etc, etc. In order to avoid this happening, then in this case ONLY, I have suggested that consideration could be given to paying the arrears direct to the council. 

 

I hope that I have clarified the position. 

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Just now, Bailiff Advice said:

My position on paying the council direct once an account has been passed to an enforcement agent has always remained the same. It does not work. However, in this particular case...and this case ONLY, the enforcement company appear to be unwilling to issue a fresh Notice of Enforcement in line with the regulations.

 

So what's different about this particular case from the tens of dozens of other similar cases? In all those other cases you advise to not pay the council direct? Why not?

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8 minutes ago, Dodgeball said:

Just to try and get back to earth, this is the sett aside I was referring to.

 

You stated:

 

Quote

You cannot set aside a liability order, it is made at a Magistrates court.

 

That has been shown to be incorrect. Perhaps you need to clarify.

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5 minutes ago, otterlyendo said:

 

Well to be fair, no-one can get any judgement set aside just because they dispute it. There needs to be evidence as to why it's disputed.

 

I think you would probably have to think the judgement was wrong, ie dispute it, wouldn't you?

Not just arguing for the sake of it by any chance little troll.

However the procedure you have fallen over speaks of other factors, like fraud or actionable incompetence.


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1 minute ago, Dodgeball said:

 

I think you would probably have to think the judgement was wrong, ie dispute it, wouldn't you?

Not just arguing for the sake of it by any chance little troll.

However the procedure you have fallen over speaks of other factors, like fraud or actionable incompetence.

 

Why must you start insulting people. I merely mentioned that someone disputing a judgement, ie they thinks it's wrong, doesn't automatically mean it's set aside or quashed. You would need to present evidence as to why it should be set aside or quashed or overturned or whatever term you decide to use. Whether it be a CCJ, criminal conviction or a LO, this would be a basic requirement.

 

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21 hours ago, otterlyendo said:

 

Of course you can, otherwise LOs mistakenly imposed could be enforced.

You said the above, which as shown is incorrect, an LO which has just been mistakenly imposed cannot just be set aside

 

Care to clarify?


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Posted (edited)
3 minutes ago, otterlyendo said:

 

Why must you start insulting people. I merely mentioned that someone disputing a judgement, ie Nthey thinks it's wrong, doesn't automatically mean it's set aside or quashed. You would need to present evidence as to why it should be set aside or quashed or overturned or whatever term you decide to use. Whether it be a CCJ, criminal conviction or a LO, this would be a basic requirement.

 

I Not meaning to insult, but the requirement for evidence to support your case is not a new concept, not to me at least.

 

Night all

Edited by Dodgeball

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I think one or two EGOs need deflating.People come on this forum for help and not be part of the arguments between two supposedly knowledgeable people. The original OP must be well and truly pi..issed off and has switched off

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15 minutes ago, Dodgeball said:

You said the above, which as shown is incorrect, an LO which has just been mistakenly imposed cannot just be set aside

 

Care to clarify?

 

How is it incorrect?

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I may have made the mistake that thier were two supposed expert and will amend that to thier being no experts as far as I can see its just one big EGO trip for both of you and suggest that the  Site team close the post

 

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26 minutes ago, basildonbond1946 said:

I may have made the mistake that thier were two supposed expert and will amend that to thier being no experts as far as I can see its just one big EGO trip for both of you and suggest that the  Site team close the post

 

Not agreeing with this though, not on my part anyway, :)


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As BA points out, as Busted & Stupid seem not to reissue the NOE to the correct address, in this case I concur with BA that OP pays council direct and puts in a Formal Complaint as Council are liable for act, omissions, and any wrongdoing by their agent Bristols & Stupor.


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Yes indeed.


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Thread now locked and will remain so until advised by the OP to reopen.

 

Regards

 

Andy


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