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    • once a debt is sb'd nothing not even a judge can unbar it no harm in talking to BC at all. they are nothing to do with the claim they sold the debt in .........see NOA letter    
    • Here are the Particulars of Claim   Name of the Claimant ? Hoist Finance UK Holdings Limited   date of claim - 30th January 2020   Date  to acknowledge) = 17/02/2020   date to submit defence = 02/03/2020    Particulars of Claim   1. The claim is for the sum of £7939.36 arising from the defendants breach of a regulated consumer credit agreement referenced Under no xxxx926xxxxxx03   2. The defendant has failed to remedy the breach in accordance with a Default Notice issued pursuant to ss.87(1) and 88 of the Consumer Credit Act 1974.   3.The Claimant claims the sums due from the Defendant following the legal assignment of the agreement from Hoist Portfolio Holding 2 Ltd(Ex Barclaycard) Written notice of the assignment has been given.   4.The Claimant claims 1. The sum of £7939.36 2. Costs   What is the total value of the claim? £8449.00   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes dated 02092019   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Not sure   Did you inform the claimant of your change of address?Not sure Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card.   When did you enter into the original agreement before or after April 2007 ?  After April 2007 actually August 2007   Do you recall how you entered into the agreement...On line /In branch/By post ? Can't recall   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ?No idea   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Claim issued by Hoist, so assigned.   Were you aware the account had been assigned – did you receive a Notice of Assignment? Howard Cohen solicitors says yes. I say no   Did you receive a Default Notice from the original creditor? Not to my knowledge   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No   Why did you cease payments? Costly divorce and failed small business   What was the date of your last payment? Over 6 yeras ago I believe   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Spoke to them many years ago   Will get on with CCA and CPR tomorrow.   Is there a danger that if he attempts to call BC he could take it out of staute barred?  I will have to contact him Spain so need to advise him what not to say.
    • DX ,thanks for spacing post BankFodder,  sorry, point taken,   FS
    • defence due by 4pm Monday 2nd   has he...   .  get a CCA Request running to the claimant https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/  leave the £1PO blank and uncrossed . .  get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant] . . https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . . type your name ONLY no need to sign anything . you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]   get him to ring BC ask last payment date tomorrow.    
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CharlieBB

CTAX and parking fine debts and bailiffs advice please

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Hi I’m new here so not sure if I’m posting in the right place! 


Long story short

 

I separated from my now ex husband 2 years ago he ran off and did the dirty after 20 years marriage 3 children and left me with a load of debt unfortunately all in my name £33,000 in total now being a single parent and only being able to work part time

 

as my youngest has special needs 

my income really is mainly from benefits 

he receives dla high rate and full mobility because of his medical needs.

Its a very big struggle especially trying to pay everything run a home and 3 children 

going without all the time 

 

added stress with

debt collectors and now

bailiffs for council tax,

shop direct account and

a parking fine hadn’t realised mobility badge had expired! 


I’ve read loads of advice on here  and am considering filing bankruptcy 

 

my question is

can these bailiff debts be included in a bankruptcy or can they still chase me for the money. 


I just can’t see a way out at all what I owe will take me years and years to pay back 


life is so stressful 😢

thank you in advance for any advice given.

sorry it’s a little long winded! 

 

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forget the DCA's

forget the shop direct CAT debts they are not a priority - drop them to £1PCM!!

start another thread for those but NO you don't need to go BK/DRO/IVA for consumer credit.

 

you must deal with the debts with the bailiffs lets use this thread for that.

what stage are you at

have you had a notice of enforcement yet?

 


please don't hit Quote...just type we know what we said earlier..

 

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Hi thanks for replying so quick 

Had  payment plans set up they keep demanding more money I’ve sent them my monthly expenditure that shows everything and what I have to live on 

never aloud them into my home 

Xmas came I missed a payment so partly my own fault just didn’t want the kids going without! 
 

 

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That's very understandable at Christmas. Don't start blaming herself. I think you're doing very well under the circumstances.

Which bailiffs are you dealing with here? Which company?


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Thank you 

2 with rossendales 

mans 1 from my local county court 

3 minutes ago, CharlieBB said:

Thank you 

2 with rossendales 

mans 1 from my local county court 

Sorry parking fine! Local county court 

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Sorry, what is "mans 1" mean?

Have you contacted Rossendale's? Have you told them that you are vulnerable and that you have very difficult circumstances? I think you should do that first thing tomorrow.

Have you contacted your local council? Have you told them that you are vulnerable? I think also you should do that tomorrow. I think you should explain how difficult it is and also that there is a disability apart from the fact that you are a single parent and you are struggling even with priority debts.

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I've had lots of experience with this unfortunately and the best way to deal with it

 

Use your local Councillor, find their details on Google, Call and email them. They will get the bailiffs off your back immediately and either give you a break from payments or an affordable arrangement.

 

You should be classified as vulnerable too, come back here to tell us how it went


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But in addition, I suggest that you call Rossendale's immediately and explain your vulnerability. Do this in addition to the councillor.

The councillor might take a little longer but it is more likely to be a permanent fix. However, if you explain the situation to Rossendale's, you may be able to get a short-term remedy – quickly.

Do both – belt and braces


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Yes to the above too. My wife was on Chemo,  when B&S had our Council Tax, and we were 2 years behind.  The bailiffs did ignore us, but the collections dept called them off.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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I spoke to rossendales by telephone 2 weeks ago 

they are aware of my vulnerability  

 

one is for £225.00 and I’ve got to pay that in full

was due on the 27th just gone

 

I told them I wouldn’t have that amount but they wouldn’t except anything less

told them I knew I would break it to that had no response 

 

the second amount is the bigger one 995.00 paid 25.00 yesterday as agreed

I have to call back to arrange to pay more next month as the other one should have been paid in full by then 

 

should I just pay what I can afford on the missed payment one?  

they put me off calling because of how bullyish they are so thinking maybe right a letter.

 

with all my other debt and the amount I owe and the stress it’s causing that’s why I’ve thought maybe bankruptcy

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Well in that case certainly follow the advice given by site team member @London1971 and who happens. I think you are correct to write a letter to Rossendale is to put it very firmly on record that not only are you vulnerable but also that you have tried to contact them and that they haven't followed their vulnerability guidelines


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I had the best results from my local councillor always, I also copied in the elected head of the council too, who really had my back too.  

 

These are people who hate poverty and want to help.  A lot of them really don't like bailiffs

 

 

 

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We could do with some help from you.

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2 minutes ago, BankFodder said:

Well in that case certainly follow the advice given by site team member @London1971 and who happens. I think you are correct to write a letter to Rossendale is to put it very firmly on record that not only are you vulnerable but also that you have tried to contact them and that they haven't followed their vulnerability guidelines

Thank you I will get onto letter writing this evening 

mane again thank you for the advice I will check back with my outcome 

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Make sure you renew the Blue badge for the disabled child, and display it in any car, the |bailiffs might try to take control of it Do you have a Motability Vehicle for them? as they are not allowed to seize them, also they have No Right Of Entry for Council tax. but will clamp a car, but aren't allowed to clamp a Motability Lease vehicle .


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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I’ve renewed it now had such a lot going on the past couple of years my heads been all over the place not to mention sleepless nights 

 

yes we have a mobility car thank goodness! 


thank you for your advice 

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Councillor should be able to work very quickly to get them off your back. Make sure you call as well as Email.  They have huge powers, that can override Revenue Collections and Bailiffs.

 

Make this your number one priority.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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Definitely good advice London1971, the council wouldn't like more evidence of how the council Revenue dept and theit bailiffs treat impoverished can't pays  if it leaked into the press, plus was punted at election time to bite the councillor on the bum, so the Councillor will want to sort this pronto If this was a Council Parking ticket and ther was entitlement to the BB, might be worth asking if the Councillor can help you get the parking one quashed as £305 of that one will be the bailiffs fees.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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just so you understand the complete bailiff picture here a bit more clearly, as you appear to be p'haps falling for some of the things bailiff regularly intimate or threaten as the truth, just to scare you...

 

your priority here is the fine.

so might be best to concentrate on that one.

that could go south, but its VERY rare for magistrates to grant forced entry.

but they can't add anymore charges than they already have.

 

as for the CTAX one.

you get charged £75 with the Notice of Enforcement giving you 7 days to settle.

then there is a visit, that costs another £235 in fees , making a total of £310.

that is ALL they can add to that one.

there is NO right of forced entry with CTAX.

 

so don't fall for the threats on either one of you must pay more/i'm gonna do this etc etc.

 

now are you paying these, can you do so without further ringing the bailiffs themselves and getting threatened?

 

as for the other debts you speak of.

as I said earlier, drop them down to £1PCM there nowt they can do, they are not a priority.

give yourself a financial buffer to better deal with getting these bailiff ones off you back.

 

dx

 


please don't hit Quote...just type we know what we said earlier..

 

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Yup I got my Bailiff fees cancelled but not the liability order.

 

I ended up paying everything back by earnings attachment, a few years later. It took 3 years to pay it off!

 

But by that time my situation had improved and it wasn’t a problem


We could do with some help from you.

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 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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@CharlieBB If you need help wording an email to your councillor , let me know, I will send you a template.

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We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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2 hours ago, London1971 said:

@CharlieBB If you need help wording an email to your councillor , let me know, I will send you a template.

Thank you that would be very helpful of you 😊

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Message sent.  

 

Bear in mind it was a slightly different problem to you.  The council had simply ignored the problem.  The councillor sorted it out within an hour and I had an affordable amount to pay.

 

It's also worth you explaining that you have medical and motability certificates  if necessary.

 

Let me know how you get on

 

 


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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