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Sienna123

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  1. I have a huge bill from a solicitor after his firm were disinstructed when quoting for further work on a civil matter at an outrageous amount.I have asked for detailed time breakdown of fee earners and their charges, fee notes and statements to no avail - all I get is the same copies of two bills.We are talking a large sum of money here £13k. I believe I have been charged for work that has not been done on my behalf. I have checked the Law Society website and thats vague.I am being threated with legal action from the firm, what do I do next.Your advice would be greatly welcomed.Sienna
  2. I forgot to mention that I can put a proposal to the creditor in support of any application. Apologies Jayne
  3. Due to the fact that I heard nothing about a CCJ in 2009 I had hoped it had dropped off the radar whilst I got my life back on track after business failure/divorce etc. Today I returned home to have a Writ from The Sheriffs Office (the name sounds hugely official doesnt it) in the sum of £3,240.89 My debt being originally £2,235.51 the balance being costs some massive. The Bailiff PA (abbreviated) on behalf of PNW an appointed High Court Enforcement Officer (who is not on the Bailiff's register) nor is PA who served this Writ. I checked under The Sheriffs Office. What does this mean? The official levied against my car, a friend's car, my dining table and 6 chairs which he could see through a window plus all other goods required to satisfy the writ (his words). I think that the paperwork is incomplete. I had no notice of this writ being issued - not sure whether I should have or not. When I phoned and asked the officer if The Sheriff's Office was a government department he said it as company. He said I should sign the Walking Possession Agreement and return it immediately. In a nutshell - he wanted me to pay £1300 up front and then he would put a proposal to the creditor. Please could you help me with your own experiences and advice? I think I need to do a N244 to get a stay of execution but could anyone please give advice as to what else I need to do to support this? Help Jayne
  4. I would have thought someone may have a suggestion or two?
  5. Could I please have advice on the following: My partner and I have a commercial loan with Lloyds. Due to our business ceasing I personally have covered the loan for the past three years (against the odds). This month due to a car collission and the need to have a vehicle to get me to my employment I have found myself unable to cover the loan due on 20th June. Whilst I will get the car issue sorted I have a £500 excess and no hire car provision, so its imperative to buy a cheap run around in the interim so I can earn the money to pay the loan. I wrote to the manager and explained the predicament and asked for support and guidance. The response back was that after speaking to his superior I had to the 20th of July to make the payment and bring the account up to date or the loan may get referred to recoveries. Personally I feel this is grossly unfair. My experience of our creditors when we have been in difficulties is that something is usually agreed that suits both parties with a route to a mutually agreed conclusion. There is very little advice any where in respect of how we should proceed. My partner is not working presently due to surgery and I am doing my best - I have offered to make some payment once I have sorted out by vehicle needs, but I dont think I can find the balance to bring it the loan up to date. The loan is only in arrears for the June payment please help. Jayne
  6. My understand is that overpaid benefit is not recoverable, and this is what I understand relates to me. Perhaps the following will give more clarification: Regina (Balding) v Secretary of State for Work and Pensions Liability to repay overpaid social security benefit occurring prior to a bankruptcy was a bankruptcy debt. Discharge from bankruptcy released the debtor from liability for recovery of the overpaid benefit. The Queen’s Bench Divisional Court (Lord Justice Latham and Mr Justice Davis) so held on April 3, 2007 on the claim of Mr John Balding for judicial review of the decision of the Secretary of State for Work and Pensions that an overpayment of income support, found to be recoverable before he was declared bankrupt, remained to be paid by deduction from his ongoing entitlement to social security benefits after he had been discharged from bankruptcy. MR JUSTICE DAVIS said that the claimant’s liability to repay benefit arose under section 71(1) of the Social Security Administration Act 1992. As such, he was liable to pay money under an enactment for the purposes of section 382(4) of the Insolvency Act 1986 and the liability was therefore a bankruptcy debt. Under section 281 of the 1986 Act, upon discharge, a bankrupt was released from all the bankruptcy debts. The claimant had therefore been released from liability to repay the overpaid benefit upon being discharged from his bankruptcy.
  7. Thanks for your replies. As a result of the link posted and a little investigation I believe I have found what I needed. I would recommend that anyone having a problem like me with DWP or in respect of other benefits do a search on " Regina (Balding) V Secretary of State for Works and Pensions " It makes very interesting reading and summarised is as follows: On December 13th 2007, the Court of Appeal dismissed the Secretary of State's appeal from the decision of the Administrative Court in the above-named case. The Divisional Court had held that where a decision that a claimant is liable to repay overpaid social security benefits has been issued, and the claimant has subsequently been made bankrupt and then discharged from bankruptcy, he is no longer liable to repay the overpaid benefits. The judgment was estimated to affect between 1,500 and 2,000 claimants and £3 million of overpaid benefit. No application was made for permission to appeal to the House of Lords and so the decision is final. Paul Stagg of 1 Chancery Lane acted for the claimant. I have written quoting this and I will see where we go from here.
  8. Please could you give me some advice on an issue I find myself having to deal with. I had a business which went into receivership in 2000. This was a care home. The appointed managers received benefits for two residents in the sum of £2193.15 in respect of part payment of fees. I was the appointee for the two residents who subsequently died and the managers had still collected the fees. Because I was the appointee they take the stance I was responsibe for the overpayment and are demanding I pay this back. In 2001 I was declared bankrupt and was bankrupt for a three year period, I am now discharged. Throughout this period of time until the present day I have the DWP trying to get me to settle this debt which I have absolutely denied. I would have assumed that my bankruptcy would have cancelled the debt but my phone calls and letters are to no avail. I now have them threatening to transfer the matter to a private company for collection. Can anyone give me some advice on how I can deal with this matter please? I am at a total loss. Even my Trustee in Bankrupty wrote to them and told them about my bankruptcy and they have taken no notice whatsoever and have not even acknowledged my letters.
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