wonkeydonkey
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Everything posted by wonkeydonkey
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Based on the information you give and taking into consideration I do not know all the facts....... That you say 'I didn't know about the claim court form' would in ordinary circumstances suggest you need to apply to set aside the Judgment in Default, because you have not been given your right to defend the claim in full or in part. You seem to be under the impression you discharged any liability to Santander some time ago and feel the alleged debt is brought about from charges imposed by Santander, following their failure to update the account to take into consideration your student status. In order to substantiate this you need to see all the activity relating to the account and an SAR served on the original claimant (Santander) should give you the FULL picture eg. correspondence, recorded calls, screenshots, statements etc. If you apply for set aside on the grounds you were unaware of the claim , you must make mention to the fact you have served the claimant with a subject access request to obtain information relating to the said claim. Once you make your application to set aside you must notify the Court Bailiff of your action, they in return should withdraw until the outcome is known. Set aside.....if successful, means the claimant can reinstate their claim should they feel they have grounds to do so. It is at this point you will be served with notice of the claim and get to defend it in full or in part. I appreciate you have had personal difficulties and disputes with benefits and BT have played a part in putting you in this position BUT it would be unfair of me to let you think a Court would take this into consideration, they may sympathise with you but, if the claim is reinstated the Court will only be interested in establishing if the claim holds water and if you are liable for the alleged debt in full or in part, if at all. If you file the N245 you are admitting the debt as is (and the bailiff charges that come with it), you would be asking the Court to step in and help you reach an amicable repayment plan with the creditor based on evidence of your ability to pay, this means you will need to submit a financial statement of income/expenditure and make an offer according to your means.
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Reading your post I see you agree to owing part of the debt, if you go the N244 route you can argue your points BUT to do that you will need to support every point with evidence, before going there you will need to send the SAR and gather everything together. An SAR allows 40days to be given a reply, meanwhile you have to deal with the EA. Another option.... apply for set aside N244 at the same time as filing the N245 and give the grounds for the latter to be pending a set aside hearing.. If you do that you must bring to the courts attention you have also submitted an SAR to gather the facts.
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Your best bet would be to file an N245 (variation order) and seek an affordable repayment agreement through the court. As long as your offer can be seen to be fair/realistic (not the stupid £1 a month some think will be accepted) and you then maintain the agreed rate there will be little else the claimant can do.
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Anyone can call themselves a doctor but when caught out attempting to practice as one they end up behind bars.
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It is good to read Dodge has overcome the first hurdle to getting on the road to recovery. It will be good to see him here again in the near future and I also send best wishes to him.
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Easily done with there being so many of these cases over the last few weeks!!!!
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It must be said, on the particular site in question there is one poster who does offer good advice and can be seen as the 'voice of reason' on Council Tax matters.he is the only credible asset of the site As already said , last Monday saw yet another debtor lose a Court case following the advice given by the 'Guru' of the site, this debtor is now facing costs of several thousand pounds. Even more alarming was the fact, the 'voice of reason' attempted to bring the entire scenario out into the open and made several extremely important open posts on the subject. That the site responded by taking the matter behind closed doors refusing to answer further questions enforces the dangers the public face to being exposed to a man who IMHO is nothing short of a con man.
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Wonderful news on an otherwise dull day, please accept my sincere best wishes for a speedy recovery.
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OMG.... we all know he can't lie straight in bed but if there is evidence to show he has also lied before a Court surely he will be made to face the consequences?
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Reading between the lines can we all assume this 'Professional McKenzie' is the same person that recently left two other debtors with expensive 'Contrails' of costs.
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It would also be a good idea to request a stay of execution pending outcome of the variation hearing. If you want to advise them you intend to take the variation route thats ok but until such time the order is made they can continue to enforce but of course you will also continue not to allow them peaceful entryas is your legal right.
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If you have been placed into agreeing a repayment plan that is unaffordable you can make an application to the Courts for a variation order. To do this you will need to show without a shadow of doubt the amount you are offering is the ONLY amount affordable to you without putting you into hardship. You fill out an income and expediture statement and submit that with your application made on form N245, there is a fee for this so you will also need to check out if you qualify for remission of the fee (form ex160)
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"Hunter received the fine last year, but left the fee unpaid, the Birmingham Mail reports" That suggests the fine was paid and the bailiff was attending to collect fees due. If my interpretation is correct (and I am happy to be corrected) it once again confirms the advice being peddled elsewhere suggesting 'a bailiff cannot enforce for his fees' needs to be taken with caution.
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Have you discussed with them the implications of this in respect of any fees charged to 'handle' the account?
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Are the 'statements' in question those discussed here previously (around February I think) that relate to the poster CAM ?
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Thank you, message box now emptied again.
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I have sent you a PM please respond to content.
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To the best of my knowledge ...a writ issued before the change in the rules would need to be renewed every 12 months and as Hceo's has already stated, the fees being charged to your writ suggest this is not the case and the writ would need to be renewed yearly.
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Until you can ascertain if there is a valid writ you are going to go around in circles, Here's the email address for the Enforcement section - just close any gaps up as site software inserts them - QBEnforcement@hmcts.gsi.gov.uk
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Have a read.... http://www.google.co.uk/cse?cx=partner-pub-0964707606882478:652l7hswbgv&ie=UTF-8&q=ori&sa=Search+CAG#gsc.tab=0&gsc.q=ori&gsc.page=1
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The above is an excellent post, thank you CD
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It will be a 'take it or leave it' decision for the creditor, however they would be within their rights to seek a frequent review of your circumstances over however long it takes until the debt is satisfied.
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Yes it does happen and the rightful owner is then subjected to going through due process to show the goods belong to them. To be honest ..if you are seeking a way to prevent further enforcement then you should be looking to agree a payment plan either through the HCEO or the Court.
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If you have been traced to your current address and are the debtor named on the writ it will not invalidate things.
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They could take tools of the trade and seek you make a claim to them.!!
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