shell7t8
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I didnt agree as such i just didnt seem to get a choice they said thats what they were doing n the court processesit.
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Im going to dig the paperwork out tomorrow. I read somewhere on here that if they dont write to you telling you of interest to be apllied they cant charge it is this true? It also says that it can only be added to ccjs for credit agreements and that a default notice should of been served. I had non of this and absolutely no correspondence from them after going to court.
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Hi, I wonder if anyone can help. 4 years ago my husband passed away. He had been poorly for some time during which i had taken a career break from my work to be his main carer. When he passed we were in quite a mess financially after having had no proper income for some time (couldnt claim anything as i was on a career break, not unemployed as such). I paid what i could for his funeral but had a balance outstanding of £2500 which i failed to make arrangements to pay and quite honestly was struggling to pay our mortgage had bailiffs at the door for council tax so had to put that and council tax first. The coop ended up taking me to court and getting a ccj against me. A short time later i had an enforcement notice from andrew wilson and co. Absolutely horrible to me on the phone, refused anything but full amount which i just didnt have. Started coming to my house every few days (i was usually out but scared to death to answer door). I decided to apply to the court to see if there was anything they could do. By this time they had added £1000 odd enforcement costs making the total nearlh £4000 somehow! Original ccj was £2449. I went to court and the judge didnt care about any of my situation, took no notice of my finances and pretty much said there was nothing he could do. Afterwards i explained to andrew wilsons solicitor that i had no money, no assets worth that amount and felt like i had no way out. I genuinly did NOt know what to do. He told me all he could do was report what id said and ask them to look at a payment plan. I showed him all of my incomings and outgoings pretty much probing the max i could afford was £20 per month. A week larer i had an email from andrew wilson telling me the client was prepared to accept £50 per month! I felt i had no alternative but to agree and started making payments each month in May of 2015. In december of 2016 i asked for an up to date balance and was told despite having been paying it for a year and a half my balance was still £3600 and interest of 62p a day was being charged as per statutory amount!!! I feel I will never pay it off! They have never written to me to issue a statement or confirmation of the payments made/interest being charged. Are they allowed to just do this?? I never had a credit agreement or default notice as it wasnt a loan as such so really dont know where i stand can anyone help???
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Hi, Thankyou for the reply. I will dig out what i have on the charge listing and post. He didnt forge my signature as such. I dont want to use my real name for obv reasons so lets pretend my maiden name was smith and my married name was gardener. The agreement has my details as S Gardener. At that point i wad still s smith we wernt married. The only S Gardener at that point was our then 18 month old daughter! Does that make a difference? In effect their agreement has totally the wrong name on it!
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Hi Folks, I hope someone can provide me with some helpful advice! Several years ago my husband passed away after a long illness with cancer. I am now in a position where my daughter and I would like to move home. Cut a long story short about how I found out but it appears my husband took a loan out with Welcome Finance some years ago (approx. 11 years ago) which was somehow without me knowing secured on our property (joint names, now in my sole now since he died). At the time he would of been in full time employment. I have since found in his paperwork some information relating to this and where it says homeowner signature he has signed my first initial and married surname. At the time we would not have been married. I have only ever had one letter from anyone who he owed this much money to and on the letter it said £27k. I returned it with a letter and copy of his death certificate and heard nothing since from welcome or anyone else at all in relation to this on investigating further the charge is under the name of Progressive Financial. I assume this is their parent company. The paperwork I have found suggests the loan was for £10k. The charge is obviously considerably more, I presume this is interest. I have loads of questions obviously. THe first one being is this a legal charge since I was joint owner and didn't sign the loan agreement at all. Secondly, if it does turn out its legal and the charge is on the property can I get it taken off now he has died and the property is in my sole name? If not, then the paperwork I have found suggests he took out a hefty payment protection and critical illness cover which should have covered him for when he left work surely and subsequently passed away. can find no evidence of him having made any payments at all towards this loan and never have any correspondence from them. It was also not on his credit file nor mine. I'm worried about contacting them to ask about everything as feel it may open a can of worms and they will want their money and/or repossess force me to sell my home. Can they do that? What would happen if they did? Bit of a strange one but obviously if i'm going to sell my home this will make a big difference to the amount of equity I have in it and my ability to move! Any advice gratefully received!! Thanks in advance! Shelley
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Hi folks, After some advice. Yesterday i went in to my local branch to deposit some money. Handed my card over, got the recept and off i went to see my clients for the day. Lunchtime i try to go buy some shopping and my card keeps saying incorrect pin. I pay with the only cash i had come out of the store check my balance online see it is ok and assume it must if just been a problem with the stores card reader. Later on in the day i go for a costa coffee with a client. Same again. Obviousely very embarassing and frustrating at this point! Pay with my costa points luckily had enough! On way home i need fuel. Anxious about it happening again i get my card out and decide to use the pay at pump to avoid any face to face embarassment. At this point i notice the card is not mine and belongs to a man!! Im now in a situation where i cant buy any fuel, cant get home and have no idea how this happened! I ring my boyfriend to drive the 30 miles to come fetch me and bring me money for fuel. As i have to wait until he finishes work but have no cash to pay to park i have to risk driving around looking for free to park road spaces. I also have to ring my other 5 clients and cancel important meetings. My phone battery dies so my daughter ends up having to panic and get a luft home from school with a friends parent. In the meantime i get a call at 450pm from my bank who leave a voicemail asking me to ring back. I then try 3 times to ring the premium rate number before finally getting through to my branch where the lady asks me if i had been in branch earlier. When telling her yes she advises me that during my transaction she made a "silly error" and gave me the wrong card back. Asks me if i can pop in to collect mine its in the till drawer! I say yes as im just relieved to have known whats happened and that my card is safe but on thinking about it overnight i am angry about several issues: -obvious data breach -how has my card been mixed up you hand it over they hand it bacj what was she doing with this other persons card -if it was other way round this person with my card coukd have done anything with it -it cost me a lot of time as had to spend the afternoon waiting for my bloke to arrive with cash so i could get fuel - i now have to totally replan next week as had to reschedule clients -i will have to change plans i had to go away during half term in order to still get to these clients i had to cancel -i couldnt get essential shopping i needed as no other method of payment Overall im angry as you can tell and dont think its enough to just "pop" into branch to swap and get my card back! More time out of my day and missed appointments! How would you tackle this? Shell
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Hotel wont honour my voucher after husband died...
shell7t8 replied to shell7t8's topic in General Consumer Issues
Thankyou and yes that is correct, no voucher, no expiry date just a "future credit". Should i insist my "complimentary" stay is of the credit value do you think? Is there some sort of rule i can quote to give them a bit of a wake up call? Shell -
Hi, I wonder if i may be able to get some advice? 3 years ago my fiance and i got married at a lovely hotel down in sandbanks. It cost a fair amount of money and all of our family and friends attended and stayed over at the hotel. My family all clubbed together to give us what they thought was a lovely wedding gift...a £250 "voucher" to return to the hotel on a date of our choice. The hotel didnt issue a voucher as they said they didnt do them but told my sisters that when we wanted to book just to call and quote my name and the wedding date so they could match it up with the credit. Sadly, 6 months after our wedding my husband passed away. Needless to say, going back to the hotel was not top of my list and i never really gave it a thought. At the end of last year i was clearing out some things and came accross the wedding card in which my family had written about the £250 to spend at the hotel. I emailed the hotel to ask if i could use the credit against a different location (they are a group) as i felt returning to the original hotel would be too painful. They replied to say that their "vouchers" expire after 12 months but that given the circumstances they were prepared to offer me a complimentary nights stay as long as it wasnt during a peak date ie valentines (not likely and slightly insensitive but hey ho). I told them id be in touch with a date once i had decides now that i had the info. I decided to give it some thought and slowly some more time has passed by before i replied. My daughter and i have some time off planned in july and i thought id contact them to give some dates and check availability. I received an email back to say that as too much time has passed i can no longer use the "voucher". Aside from the circumstances around this and the clearly unethical response, are they able to refuse this given they never issued an actual voucher, gave no expiry date nor on the original payment or on the emal offering the complimentary stay? I feel a tad angry at their reply Any advice appreciated.., Shell
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Thankyou for the reply. I certainly feel vulnerable so its hard to accept i wouldnt be seen like that to others. Asking for help or admitting defeat is not something i am familiar with and after fighting cancer and waking each day for 3 years wondering if my husband would still be breathing beside me youd think this would be easy bit i feel like im 2 steps forward 3 back all the time. i will make another application to the court to get the ccj set aside but if they dont what happens will marstons just keep coming every week for the rest of my life!!!!!! Does the fact all of my posessions are already under a suspended order to another hceo pending my keeping up the payments, surely two bailiffs cant get cobtrol over the same assets?? My car is always locked and whilst i have no choice but to park outside its not clearly infront of my house its a public road so theyd have to guess which was mine...do they do that? Its only worth about £400 and was bought with company money as needed it for work altho the v5 is in my name for insurance reasons. Is there alimit on how many times they come? Ive heard that they threaten people with prison, can they do this or is everything they write in letter format just scare tactics? If i just always continue to not let them in when does it end? So worried and at the end of my line now ive fought so much for life over the years and now im fighting for my posessions and my home too S
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Thankyou
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Hi Folks, update on this Marstons have made about 6 visits now and last week sent me a letter telling me that on the 27th they wil be attending with a "removal contract". Is this different or should i continue as normal and not let them in? I have also made them aware i fit in to the vulnerable category but they have just ignored this. I am a single parent, recently bereaved and limited income. I rang the court today to see what had happened to the application i made and they said they wrote back to me on the 9th september to say that i hadn't filled the form in correctly so now got to start again. I definitly did not receive the letter I am worried as on wednesday i have a new boiler being fitted and so my front door will have to be open most of the day for the workmen to be in and out. What will happen if they come on that day? If the door is open and i answer it and speak to them does taht then mean they can come in? Apologies, i posted on another thread some time ago and have just posted an update but am in desperate need of advice and am not sure if the old thread people would still read...so sorry if duplicated. Long story short, my husband had a pub and passed away some time ago. As he had been sick for some time the busness was suffering and i took over responsibility until the notice period could be served (the breewry forced me to do this as threatened me with massive debts if i just shut up and walked away even though wasn't in my name). The businses ceased trading around May time and there were several creditors. I wrote to the brewry to ask them to forward any mail to me and provide them with new address details. My intention was to visit the cab to get advice on what my next stages were once i'd received all of the final bills. In the meantime, severn trent issued a ccj at the pub address which i didn't know about. I then received a notice of enforcement at my home address in august. I spoke to marstons who issued it and they said nothing they could do, not interested in any payment proposal etc etc. Spoke to the court to ask their advice and they said i could apply to get the ccj set aside as it was issued to a different address so i didn't get chance to respond properly. I sent that paperwork off in august straight away but having not heard anything rang them ttoday they said they'd written back to me to say some of the paperwork wasn't complete so got to now got back to the beginning and start again. I have advised marstons of this and asked that they stop vistiging until this is sorted. also told them i think i fit in to the vulnerable category as i'm a single parent and recently bereaved with no income etc. I have written to severn trent direct but no one is taking any notice. I am worried as last week they sent another letter saying on the 27th they would attend with a removal contract. Does this mean they will enter the property or can i continue to just keep the doors closed. It is hard as i am having a new boiler fitted wednesday and i'm worried that the engineer will be in and out all day and inadvertantly let the bailiff in should they come at that exact time! What are your thoughts please? This whole thing si keeping me up at night - i have tried my best to keep on top of everything but am starting to feel hopeless its one thing after another since my husband passed and i really dont know if i can cope for much longer. Thanks for any advice in advance folks... S
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Hi, Thankyou Mikeymack2002 for the info , i have just downloaded the form to get it set aside and downloaded my bank statemetns. I have just had a Wftc award notification through so will send that and it says on the form that widowed parents allowance is not required (proof of) so will save me hunting for that. I will post it all off tomorrow. I'm just worried about the bailiff coming. The enforcement people said unless i agreed a "realistic" payment plan today and made the first payment they couldn't stop him coming and that i should let him in and talk it through with him. I'm not sure about this as i had an issue with high court enforcement previously to do with a ccj i had for my husbands funeral costs and everyone then said dont let him in. In the end i went to court and it wasn't set aside but the funeral place agreed to put a charge on my property and let me pay £50 a month. Even that is a struggle to be fair so entering into more payment plans is not something i feel i can realistically do at the moment. I am hoping that i will feel better after speaking with the CIB, will they tell me my options and help me go forward with whichever one? I know the IVA has implications also but the thought of waking up every day worrying who is going to come next or what ccj is going to be issued next is keeping me awake at night and making me totally anxious, i have started having panic attacks also and am worried about my daughter seeing me like this - i have always been so strong i'm just not sure how much more i can take. I feel like i have been waking up with this dread in the pit of my stomache for years now - at first it was about my husband and now its about his debts (and my own). Will i only be able to enter in to an IVA if i can prove i have disposable income? That is hard being self employed as at the moment, i dont have any! How long does it take to set up and will the HCEO leave me alone until then, i'm scared to answer the door aswell as the phone now ! Also with the iva, the ccj i had for the funeral costs put a charege on my home - does that stand and i have to keep up the repayments to them despite the iva or can they be included? Thanks everyone...
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Thanks all, i have spoken with the citizens advice and have an appointment tomorrow. The LA have not been too horrid and had agreed to give me 4 weeks to get myself sorted. They have said they will spread it over 12 months so it works out at around £300 pm. I have a CCJ that was issued at the business address for an EA that has come to my home address from severn trent. They wont accept an installment plan but the CIB said i could apply to have it set aside. That would be ok if i could afford the £155 fee to do that I have considered an IVA but dont know if business AND personal debts can go on to the same one. Would a debt management programme be accepted considering the level of debt and the fact there may well be some that will come from the business which i am not aware of yet? i wish i knew hte answer as this is all keeping me awake at night, making me totally miserable and unproductive. x
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Hi all, This is a rather long story sorry, i will try to shorten it! 3 years ago i took a career break from my bank job to care for my husband who had terminal cancer. He died 1.5 years ago. He had his own business at the time which was struggling since he hadn't been able to be proactive in it for some time. At that point he had 2 pubs with a well known brewery. The brewery asked me to keep the pubs on and promised support both financial and operational. This never came to force i ended up ploughing my own personal savings in to the businesses with the continued "hope" that things would turn around and i could keep my husbands legacy going. They forced me to keep the pubs trading (i am looking in to this as a legal matter separately as dont believe it was moral or ethical or legal) in my husbands ltd company (i was not named as director) until 18 months later they transferred the one pub (other one lease ended) in to my name. A host of other things happened due to their delay and i ended up starting after the transfer with no working capital. Trade didn't improve and i ended up giving notice to terminate the tenancy which has now happened. As a result of it i now have almost £9k worth of utility bills and 3k worth of council business rates and tax bills. They are all in my personal name t/a the pub name. The brewry also want to charge me £15k for the privilage of leaving early! I also have a 3k personal overdraft and a 3k debt which is under high court enforcement. I know my real option is to go bankrupt but i'm hoping i can return to my banking job and going bankrupt would definitly mean i couldn't. Would an IVA be a viable option? At the moment i only have around £100 of disposable income as i am also behind with my mortgage payments and other personal house utilities etc. If someone could advise that would be great - can i have an iva which covers both business and personal debts and if so will the creditors agree despite my having such a low amount ot spread between them? Regards
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Hi, I hope someone can advise me as i have 2 days to get something straight in my head about my situation To cut a long story short, my husband was a tenant on a 5 year Retail Partnership Tenancy with a well known pub company. The agreement was in his ltd company name of which he was the sole director. He passed away 2 years ago nearly and the pubco asked me if i would continue with the pub. It was my husbands dream so was a hard decision but financially it was not doign well and they promised me lots of help and support. They also said that they could help financially with suppliers by changing the tenancy in to my own name. I agreed on that proviso. 15 months passed and 54k of my own money went in to the pub as each week they said if i didn't pay the full rent (had prmised concessions which never materialised) i couldn't have beer and if i didn't have beer they'd fine me for that too. As a family member was a guarantor on the tenancy i felt unde ra great deal of pressure to continue trading so gave them everything i had with the vision that once it was in my name the pressure would reduce as they were reducing the rent at that point. 18 months on the tenancy finally transferred. I repaid my husbands outstanding amounts on the account and it was all swappe over hwoever they charged me a new deposit and made me pay for rent and beer upfront saying it was "standard practice" for a new tenant. New tenant!!! I had been paying the rent for the last 2 years out of my own pocket! things came to a head as they had taken all of my working capital and never came through with the lowered rent deal until a copule of weeks ago by which time i'd given 6 months notice. I have not been able to pa ythe rent for a few weeks and have since had a fine for not buying beer so my debt to them is increasing. Last week they sent in a bailiff company to demand outstanding money owed. I had no notice of this. The bailiff took all the cash i had on site told me that the lowest amount they could accept is £1000 a week starting this coming tuesday! I have no way of paying that. He told me "off the record" that if i didn't have it just to pay whatever i could and it would keep them at bay then told the woman that lives on site that if i didn't pay it tuesday, theyd be back to evict her within 7 days. Can this debt collection company do this - surely the pubco have to go to court to get an eviction order as i am on a proper 5 year tenancy? I am worried that i will nto have time to get my personal belongings out - or sort alternative accommodation if they come on tuesday to change the locks so i need to know waht the legal position is really . I know its my fault for not paying the rent although they changed the goalposts every 5 minutes, they put a new rent deal in place that i was meant to pay by mid day fridays but then on the second week demanded some off the arrearswhich wasn't agreed. I questioned it and they didn't get back to me until 530 on the same day and then said i'd broken the agreemetn and they then wanted everything upfront again for the month. I had no way fo doing that So sorry for the long story - that is the short version! S x
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Hi, It relates to 28th Sept 14 which is when the lease went in to my name through to March this year BUT the council didn't change it over in to my own name until the end of january because they hadn't been advised of the change by the brewery. I notified them myself infact because i was worried about it. When i got the bill it was for the full amount, no installment plan etc and it was around the same time i started to hit massive cash flow problems due ot changes to staff and general time of year and downturn in trade etc. Jan/Feb are always quiet and the village i am in do a sponsored dryathalon - good for charity, bad for pub owners as no one drinks! I received NO paperwork from them until last month a summons saying they were going to get a liability order for business rates and council tax rates. The hearing was on the 20th April. I had hoped i might be able to pay it because the brewery were going ot offer me a reduction in ren t which has now gone in but it took them from Jan to now to get it signed off and implimented. I have had nothing from any bailiffs in writing - do they have to do that? I thought once the liability order was granted they just turned up anytime... I'm so worried as i'm on the verge of losing everything but the pressure of that i can cope with compared to the threat of going to prison! I am worried that they will try to say i had been dragging over the exchange to get away with not paying it which was not the case at all, i was waiting for the brewery to action everything and it took them a long time due to complexities with it previously being in my husbands name etc. What will happen next, will the bailiff allow me to pay by installments even though it is a business? There are no assets of my own there - everything is part of the fixtures and fittings provided by the brewry. S
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Hi, No they didnt ask for costs which im surprised about. As suspected the original creditor did write back saying they couldnt do anything. I replied stating that the judge had suggested that we negotiated and outlined my financial position clearly adding that their own solicitor had suggested that one option would be for me to just go bankrupt i said that although i didnt want to go down that route especially when im trying so hard to get back on track i would welcome the relief of pressure it would bring especially if they decided to send the bailiff round every fiew days as i couldnt cope with that and it would be an end to it. I sent them the same I&E i sent the court and which their solicitor in court also went through and agreed with. Their solicitors who previously wouldnt even reply other than to direct me to AW emailed yesterday to say they would put a charge on the house and i had to pay £50 a month which goes through AW. How can they just pluck this figure out of nowhere when my i&e clearly shows i dont have it? There is nothing excessive on the i&e at all, i dont drink, smoke or have any luxuries and clearly shows a £20 disposable income! I feel like im not being given an option to agree or not im just being told a figure. Of course ill try to maintain it for fear of what might happen otherwise but what happens if i just cant? I know its not a massive amount but it will be a struggle and im also dealing with a range of creditors harassing me for other personal debts as well as debts for the business. It just feels never ending!
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Update and further advice please.... I had the hearing at court yesterday. The hearing was to stay the execution of the writ of control although i had initially assumed it was to talk to the judge about the installment offer i had made as was my understanding of the process. Seems not. Before i went in i spoke to Andrew wilsons solicitor who told me his instruction was to oppose the suspension of the writ. I wasn't surprised and went through all the income and expenditure with him again. He was really nice and told me the judge had a few options he could either strike it out completely and say they could never enforce 1.the writ of control (unlikely), 2.accept my offer of payment and therefore force Andrew Wilson to abide by it and suspend the writ based on my continuing to pay, 3,suspend it for 6 months with hope that my financial situation had changed or just decline it and tell them they could carry on. In court the judge said that i had no basis to ask for the writ to be suspended and therefore it wasn't and that was it ! I think even their solicitor was suprised as when we came out he was giving me advice on what to do next. Clearly i was upset as i now felt i had NO other options left. I was relying on the court to look at my financial situation and agree that was all i could afford (even that is a push) based on my current situation. I had also said that in 6 months when i have finished paying my mortgage arrears off that i would have a bit more disposable income and would throw that at reducing the debt also but he took non of it in to consideration. He did say that he "hoped" that the claimant would consider other options than bailiffs. I told him that i had tried to contact them and they had put me back to the original debtor who had then told me i needed to speak to them and i went round in circles hense my applying to the court for legal intervention. He said that they would have to look at it as that was his recommendation in the judgement and coming from him but i'm not very hopeful. I think the judge looked at me and thought you've got your own home, you run your own business theres no reason to not be able to pay which really upsets me as i have dealt with so much since my husband passed, i literally dont have a penny to my name some weeks and i'm fighting fire every day trying to get the business back on its feet whilst also dealing with creditors for that on top of my own. I have emailed both andrew wilson and the original creditor already. As suspected original creditor already replied and said go to andrew wilson. I'm now just waiting on them to say "go back to the other" or "nothing we can do now in hands of bailiff". Are they really now telling me that every week a bailiff will visit my home, charge me £1000 for the pleasure, take my TV and DVD player as thats all i've got worth anything, i then replace it eventually and they then take it again. This will go on well past my lifetime if that is the case which seems really unrealistic! The solicitor said that he thinks the judge was hinting at them putting a charge on my home. I'm happy for them to do this if it gets them off my back and have even suggested it to them! Where do i go from here folks, i feel like i've lost all hope i may aswell just open my door and let them take everything over and over again...
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The pubs were in my husbands ltd co name with two personal guarantors one my husband the other a family friend. When my husband passed and the pubco asked me to take on the pubs personally i told them i wasnt sure and would have to think about it, they told me if i shut the pubs the famil nd would get the bill somewhee in the region of £100k once theyd put up lost rent and barreledge etc. this scared me as the friend had done it as a favour and i couldnt have them losing their home and going bankrupt because of me i traded the pubs an paid them what they wanted whilst waiting patiently for them to transfer them in to my sole name, getting rid of any liability to theguarantor. This took 15 months of chasing, regional managers renaging on support offers, broken promises and business recovery plans that never materialised. I couldnt just close because of the threat of debt to the friend and i couldnt stay open with no beer and they wouldnt send beer without full rent being paid. It was a nightmare. The debt advisor told me that as my husband had died and was sole director financial transactions ie cash paid to the pubco for rent/beer each week should not have happened and they should not have forced me to continue trading. It continues to disappont me that they dont recognise this and/or how unethically they have treated this very sensitive situation. Ps i dont think i could argue the transaction at an undervalue thing as they did a back to back transfer so in effect my husbands companys lease ended and i took over as the new tenant although i signed the documents for the trasnfer desoite not being named on anything to do with my husbands business so im not sure what could be done there. Presumably as his next of kin i had authority to do that.
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I dont want to sue them When i had a debt advisor come in he told me money should not still be being banked into my husbands acc with the pub co as his company should not trade without a director and any monies from trade should be put into a pot and split between any creditors. In essence the pubco forced me to continue to trade by insosting the money was banked into their acc and telling me i could not close the pub. I want to know how lawful they were to do that as if they do end up taking me to court if i owe them money it would be nice to have a bargaining tool thats all. I feel they acted very unethically given the circumstance but that alone is nit going to make them change their approach they still refuse to help despite everything i have been through.
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Hi, im sorry this is a rather long story but i really need some legal advice... my husband had a tenancy in his ltd co name with a pub company. when he passed away 2 years ago the pub co regional manager asked if i would continue with the pubs, he had another one at the time with them. Both pubs were struggling and i told them i wasnt sure. They assured me of financial and business support. Obviously they didnt want two closed pubs on their hands and i felt a responsibility to my husband to keep them. i struggled to manage both pubs without my husband and trade suffered due to various different factors. The rent support never happened and they often held me to ransom refusing to release orders without full rent payments. At the time the rents were over £1000 per week on each pub and we were trading at just over £2,000 a week so not hard to work out why struggling. I ended up putting around 50k of my own money in as each week unless i paid the rent on both, i couldnt have any beer and if bought from somewhere else they would fine me then refuse the next weeks order until that was paid!!! They never so much as kncocked a penny off anything, i paid full cost on rent for both pubs for the 15 months it took them to transfer in to my name despite having my name on nothing. they lied to me about what rent deal they would do on the new lease and also refused to give me proper credit terms etc. as a result and having at their insistance put a brand new deposit down on what was already my pub my cash flow took a battering and im now on the brink of closing altogether. various people i have spoken to have told me that they should not have let me trade for the 15 months it took to transfer then pub into my name as the tenancy was in my husbands ltd company name which legally shouldnt have traded after he died since he was the sole director And my name was not on anything. Is this true and if so can i do anything about it now? thanks...S
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Thank you...im trying to think about worst case scenaro, if the court reject my offer do they just say im forced to pay the lot as per the enforcement notice which seems scary as they have seen my i&e and can see i dont have it or do they say we wont accept x a month youve got to pay this instead??? I have been totally honest about my i&e and my situation. Shell
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Hi all, i just wanted to give an update... Today i had correspondence from the court. I say correspondance rather than letter as it doesnt give me a lot of info. There are two sheets of paper. The first says "General form of judgement or order". It has me and the creditor listed and says upon the terms of the application to vary refused. ...its ordered that this claim be transferred to the defendants home court. The second sheet says "notice of transfer of proceedings", lists our details again and the name of my local court. Does this mean my application and offer has been refused? If so what happens next and how can i ever repay what i just dont have
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I have just spoken with the court. They have received the variation application and have forwarded it on to the claimant. The lady said that they have 16 days to reply and that the bailiff action can continue in the meantime. She said if they refuse the offer (their solicitor has already said they will refuse it as last week i sent them a copy of what i was sending to the court with the hope we could come to the arrangement between ourselves) then it will go back to them and a judge will make a decision taking in to account all of the circumstances as well as my income and expenditure as provided. I have not listed anything excessive on there and have told the truth about how i am living. I pay my priority amounts and live on very little, i have no big sky or cable bills and do not have anything on HP or loans/catalogues etc. I have got used to living like this but will struggle to replace furniture if the bailiff takes it all in the meantime. I'm just worried about what to say to him if he is waiting when i come home or when i go out in the morning. What would your advise be on that? I have told my daughter not to answer the door and have been locking it as soon as i come in. Should i contact the bailiff to tell him what the situation is re the variation? Will he come back every day? I have sent correspondence regarding it to the claimant direct and also to the solicitors dealing with the enforcement. The court told me that they have no record of the enforcement/writ so it is not them that issued it. They said the stay of execution has to go to the issuing court but how do i find that out it is not on any of the paperwork i have had so far and neither is a breakdown of the increase of £1000 to the amount payable. Thanks everyone for your continued help and advice... Shelley
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I dont really understand about the stay of execution - do i just complete the form and send it off with a cheque again to the same court? The thought of having to go through 6 weeks of worrying about him coming is killing me. Part of me thinks i should just get it over with and let him take everything but it wont amount to the amount they are asking for so in that case do they just keep coming back and taking replacement items?? Shell
