Hi, thanks again. On the sheet he has also written down my neighbours car - he wont just take that will he ?? Can they just take any car regardess of being able to prove who's it is first? I really can't afford the £155 for a stay of execution at the moment There is a number on the letter and it says to ring him to discuss it so that enforcement action can be avoided. Is this just a trick or could i ring him to make an arrangement without him having to visit the house? Shelley

I have applied for the variation order but dn't know how far along it is. I posted it special delivery to the court last week. How quickly will they deal with the stay of execution? I just don't know what i'm supposed to do if i open the door to go out and he is there, what do i do then i can't just ignore him surely?

Hi All, Thank you so much for your replies, it helps to know there are people out there to help and advise! The CCJ paperwork came through and i contacted the company directly to ask if i could put in to place a payment arrangement. I knew if i received a CCJ i would be unable to return to my previous job at the bank. They said the minimum they could accept was £100 and set a date for it to start. I knew i would struggle as my priority debts (mortgage and council tax bailiffs) had to be paid first. I emailed them before the first payment was due to tell them i was struggling and offered to send in my income and expenditure. I did explain that once i'd gone back to work i'd be ok financially but they gave me a set date to pay it by. I couldn't do much about it so missed it as was also coming up to christmas. The CCJ was issued in December. I had spoken to a couple of friends who said that i would then be able to send i&E to the court for them to decide what was an ok amount. Stupidly, having never dealt with anything like this i thought the court would contact me to ask for this info. Obviously they didn't and on the 23rd Jan i got the notice of enforcement through giving me up to the 4th Feb to pay. The amount specified on the enforecement notice is £2849.89 plus interest of £6.88, plus compliance stage fee of £90 totalling £2946.77. The original CCJ was for £2200. I rang Andrew Wilson and Co and explained my circumstances. They said that the only "installment" plan they could arrange was for me to pay it off in installments BEFORE the notice date of 4th Feb. Bit unrealistic considering it was at this time about 4 days away! I asked them for advise but all they kept saying was that they are not able to give legal advise. I asked who i could go to to offer a payment arrangement to but the woman just kept repeating the above and told me that the process had gone too far for that now and i either paid in full by 4pm on the 4th feb or bailiffs would come and take everything i had. Not a nice thought. I know i owe the money but i did feel i had rather mitigating circumstances. Particularly as i am now unable to get my husbands ashes buried by the coop because of the debt adding further stress to the situation as everyone is constantly asking me why i havn't done it! On the same day i rang them i looked on the net to try and find out what my options were. I then sent in the form to the courts with a covering letter. I also sent the same letter to the co-ops solicitors (the ones who had originally agreed the £100 a month arrangement which was totally unrealistic for me at the time). I had a response from them just saying their client would not accept my offer of payment and that i had to now liaise with Andrew Wilson and co. Andrew Wilson and co told me they couldn't help further so leaves me in an impossible situation. What are my chances of the court agreeing to my offer based on my income and expenditure and the circumstances? I havn't applied for a stay of execution i thought that was just for home possession orders. Is there another fee for this and more paperwork? The court havn't cashed my cheque from last week yet so god knows how long that will take. The bailiff that came yesterday left the letter through the door which said "Formal notice: Intention to take control of goods". It says they have the power under the writ of control to the high court judgement to take control of goods and remove up to the valueof the judgement together with costs and interest. It goes on to say they have attended today with the intetion of removing the goods and will attend again any time to recover the goods even in my absence. Can they do that? It says i must contact them immediately to stop this from happening. It then says the total sum outstanding is £2974.07 so over £1000 more than the enforcement notice amount. How is this justifiable? I suppose my questions are i am now sitting in my home scared to go by the window or if the door knocks what to do. Will he now come and take my car regardless of whether i answer the door or not? What if he is there when i return home on the night time or in the morning when i take my daughter to school. Surely if we "bump" in to each other it would then be difficult for me to avoid him. I really dont' know what to do next. I was never my intention to avoid paying the debt it was simply just not possible at the time. Thanks again everyone and so sorry for ridiculously long post ! Shelley

Its 12 years old worth about £800 max but without it id be really screwed as wouldnt be able to get to work easily i know thats not their problem, hes already written it on the letter he posted

Hi, I sent it to the money claims address as that was the issuing court on the paperwork. I sent the fee and the first payment as outlined in my proposal. Yes sorry it is andrew wilson & co. they will not enter in to any conversation regarding an installment plan just said its out of their hands and the process will now run its course ie bailiff taking everything. They also said as it has got to this stage ive had ample opportunity to pay so its my own fault. I understand that mindset but surely there is something i can do? Shelley

Hi, yes ive had the notice of enforcement. I rang david wilson & co straight away but was told no installment plan could be arranged and i either paid the full amount - quoted on their paperwork as £2900 by 4th feb or else bailiff would come and remove goods. In meantime i completed and submitted the form to the court for a variation but havnt heard back yet. I also emailed the original creditor with my income/expenditure and offer of payment but was told all had to go through the solicitors yet they sad they cant consider any offer! I really dont understand what to do next..

Hi, Im desperately hoping someone can advise... To cut a really long story short, i took a career break from my bank job to care for my sick husband in 2012. It left us with minimum income other than disability allowance and carers allowance as because i was still classed as employed we were told we couldnt claim any other benefit, not that we wanted to. We never have had any state benefits. My husband passed away in 2013 and i had to pay his funeral costs, half of which i paid upfront. His family were meant to pay the other half but never did. Subsequently the co-op billed me. I had gotten in to a mess financially since still being off work, entitled to no benefits and trying to deal with my own grief aswell as supporting my 9 year old daughter with hers. Falling behind with mortgage payments and council tax i had to agree to pay almost double on them both to avoid reposession of the house and removal of goods for bailiffs. I counted these as my priority debts and put everything else to the bottom of the list including the coop bill. They issued a ccj against me which unfortunately then meant i couldnt go back to my old job (i work for a bank and policy is no ccjs). I have since started up my own business and draw £100 a week wages when there is enough money to take of course. I also now get working tax credits so a tiny bit better off. The solicitors dealing with the case sent me an enforcement notification. I rang straight away to see if i could make some kind of arrangement but they said no. The original outstanding was £2200. The ccj had £2900 and now ive had a letter through the door telling me its £3900!! The bailiff has said in the letter he will come back and take my car. And other goods within 7 days, i have tried to speak to the solicitors but they've said its pay the lot or nothing. Ive submitted for n245 to the court with a copy if my income and expenditure but i really need a bit of advice. Will the bailiff allow me to make payments by instalments or will they just keep coming back and taking my things regardless of the fact i can prove i dont have the means to pay. If they take everything i have and its still not enough what will they do then?? I feel totally helpless Hoping for some/any kind of advice... Shelley

Hi All, I don't know if anyone can help. In 2009 i had a payday loan from Rapid Cash based in Manchester. My husband had just been made redundant and we were majorly struggling. In the end they lodged a CCJ against me which is for £325. I want to make them a one off offer of settlement as i need it to show as satisfied on my file for my mortgage application but i can't get hold of them !! Are they still trading and if so is there a website for them? If i can't get hold of them to pay, what do i do about the CCJ as its on there until next year and i really need to show it as paid . Any advice would be grateful. There must be other instances where a company lodges a CCJ then goes bust themselves leaving the defendant with no way of paying it off! Regards Shelley

Please is anyone able to help????

Hi folks, I hope someone can help... I have worked part time for the last 10 years, never claimed any benefits other than some working tax credit (8 year old daughter). 2 years ago my partner was diagnosed with terminal cancer. We struggled for a year with 5 operations, hospital stays, gruelling chemotherapy and consultants appts. Finally in august of last year the pressure built up and i took a career break from work. I can take up to 5 years. Although i was not working or earning we were told by dwp that we were not allowed any benefits other than dla for my partner and carers alllowance for me. Things were tough but we had some savings and managed ok. In november our macmillan nurse told us although we may not be entitled to income support we should get council tax benefit and we submitted an application. After submitting a letter from my work confirming i wasnt earning anything, benefit was granted and we didnt have to pay any more council tax. In june we were struggling financially and although couldnt physically go out to work we wanted to do something so we set up our own company which we limited to negate any financial risk, my partner did this to protect my daughter and i incase the inevitable happened to him and we werre left alone. Weve not been taking anything from the business but our accountant told us that we should "pay" outselves our taxable allowance as this was what we could earn from our business tax free. I was worried about "paying" ourselves this and when renewing my tax credits award i told them we were both down as working even though most weeks we dont physically have the money as such. Today we had a letter from the council saying that since we advised them in november that i was on a career break theyve not heard anything from us (why would they if im career break for 5 years) and that they have reason to believe i have restarted my old job or started a new job. I am assuming that the tax credits people fed this info to them. Im not worried at all about not being entitled to council tax benefit anymore, if earning this money means we arent entitled then fair enough but im worried that they will think ive committed some kind of fraud and that ill go to prison!!!!! Would this happen in these circumstances? We have not had housing benefit or income support only council tax benefit and only since last november. Could anyone offer any advice? In the letter it says our benefit is suspended until we provide information relating to my job (no mention of partners job), provide a p45, employment contract, wage slips, 4 months bank statements etc etc. it says at the bottom, if we no longer want to proceed with the claim to contact them but if we do that surely that will look a bit suspicious!!! Id be really grateful for any advice Shell

Hi Ell, thanks again. I've spoken with the bank and explained that and also said if cancel card surely they can't take the money out. They said (i spoke to 3 different people on 3 seperate occasions to ensure it was right as i couldnt' believe it the first time), with a recurring payment, once you've given authorisation for the debit the first time, it doesn't matter what card is used, it's the account details that are used to authorise the payment. My response was - so if i paid at asda for my shopping one week and the next week my card got stolen and someone tried to pay at asda for stuff again would it be accepted. The response was no, because they can tell that its a payment thats being made with you there in person and asda wouldnt be a recurring payment. When you have authorised a recurring payment with someone, the authority comes from you for them to debit the account, using the card is just a formality. I know ths is true as i remember losing my card some years ago and had a magazine subscription that i paid using my card and the ycontineud to take it even though i'd got a new card. I had thought that i owed them money because of them not being able to take it but when i rang them they said no, still been able to debit account. I know its ludicrous but apparently, i can ring the debit card disputes team and they will hold the payment whilst they investigate. They said that when they contact the company, if they can prove i owe them the money they haveno choice but to continue with the payment! I have another account i can get my wages paid into however i'm on thin ice with my bank as it is and its a really good account so i dont' want to annoy them further by not putting my wages in every month ( have a reducing overdraft which also decreases each month on my payday so this would be difficult to manage). Do you think i should contact kensington to see if they have accepted our offer and if the 27th April is ok to start. part of me wants to do this as it would be an absolute weight off our minds but the other part doesn't as if they say yes, already agreed but you have once again not stuck to the agreement as meant to pay this month. As its only fairly early on in the month they may say if pay this month they will set up the agreement and i can hardly explain to them about the payday people as its not their concern is it. God, will be glad when all of this is sorted one way or the other and i'm really sorry to keep going on - waffling is my speciality ! Shell

Hi, Thank you for the response. We did put a covering letter in with the I&E explaining the whole situation and asking them if they could consider our offer as we desperately want to stay in our house and can now afford the payment with the interest rate cut etc. We haven't received a response as yet - will they ring us or write to us do you think? Still no court papers. Re the payday loan companies - one of them has accepted my offer of £5 permonth as i sent them an I&E also. The other one, quickquid.co.uk have rejected offers of £5 and £10 but offer no alternative, just put on email sorry, qq cannot accept this offer and normal collection methods will continue until the account is repaid. I have spoken to my bank ref cancelling my card and they said that as its a recurring payment, once i've given the company my debit card details, it doesn't matter whether that card is cancelled so makes no difference. I cant' understand this but they said once i've given them the card details and authorised them to take money out using it its like an open door. I'm scared to keep money in there now as they have said they will just keep trying it whenever they feel like it and for whatever amount they like until the account is repaid in full. Not being able to keep money in my current account is anightmare as i have dd's coming out etc which i'll get charged for if the money isn't in there but i have to keep transferring money into my savings acc (i can do this instantly online) and then just transferring it into my current acc if i need to withdraw or if i know a dd is coming out and hope the dd is paid befor they try to take it. Do you think we should ring Kensington and ask for the special team so we can see what they say ref our offer. We are worried because we spoke to them before payday this month and asked if the ywould accept the offer and tehy said yes subject to completion of the I&E and as long as payments are made prior to court date, court will be ajourned. Problem is as these payday people took the money out and we wern't expecting it we didn't have enough for this months payment and if we ring now and say they agree to the paymetn proposals, we are in effect breaking it straight away. We thought if we sent the letter in and then it took them a week or so to respond, it would be reasonable to then start the payments at the end of this month when we have all agreed. Really don't know what to do now ! Thanks ever so much for the response though i am starting to feel a bit more reassured !!!!!! Shell

Hi everyone, First time on here so hope someone may be able to offer me some advice. My partner and I have a mortgage with Kensington which is in arrears by approximately £3000. We have been in arrears on and off for the last 15 months or so due to my partner having been made redundant. We can't claim interest payments (as far as i know) as a) we only have an interest only mortgage and b) my salary means we are not entitled to anything (£14500 pa). Each time we have gotten in to arrears they have sent us paperwork sayin gproceeding with court etc. Each time, we have managed to get our arrears to within 2 full payments and they have ajourned the court hearing however this time, things have been a a lot worse and we have had a lot of unexpected things happen which im not going to make excuses about and certainly wouldn't expect the mortgage company to give us any slack for (partners brother died and we had to pay towards the funeral, mother got taken into a care home which we have to pay for etc etc). It's been since October that we started missing payments and we hadn't heard anything from them by December (usually we get a letter straight away saying missed payment, recommencing court etc) so we started ringing them. Each time they said they couldn't come to a payment plan because court proceedings were going ahead and we had to wait for that. We still hadn't heard anything by middle of last week so rang again. This time we got to speak to a manager and explained our situation. We told them that due to the mortgage amoutn monthly dropping drastically (originally it was £730 and has now dropped to £385 with all the interest rate cuts) we could afford to pay £600 per month but we couldn't afford to repay the arrears. They said that they had to send us an income and expenditure sheet to fill in and as long as we maintained the payments BEFORE we go to court (we still haven't had anything regarding this yet although Kensington say they asked the sols to start proceedings in October) they will adjourn it for as long as we keep to the payment plan. I'm really confused as to what to do as we don't have anything in writing from them ref agreement to the payment plan. Do we send the I&E back to them (have posted this today) and wait for them to respond or do we start making the payments? To make things worse, i had a couple of payday loans which we used one month in september to make the lump sum payment to avoid court and the payments have been crippling us so i have tried to make an agreement with the 2 companies involved to pay reducedpayments. They are having none of it and just keep taking money from my accoutn all the time. Its making me very stressed out as once again i was paid on Friday 27th and they took £179 and £120 respectively out of my account straight away. I have rang both invovled to try and come to a payment plan but they have said no and also said that as part of the t&c's that i agreed to when i took the loan, if i miss a "normal" payment they can apply to take whatever amount they want, whenever they want and as frequentyas tehy want off y debit card until the full amount is repaid. I feel like literally as soon as i put money in the bank, someone takes it out. Ihave spoken to the bank about this and they ahve said that there isnt' much they can do as if i owe them the money (which obviously i do) then they can'tdispute the payment from the banks side. We can't afford to make a payment of £600 this month if they are just going to knock this off the arrears and still take us to court. Lots of people have advised if we go to court we will probably get a suspended possession notice to repay the arrears. Does this last forever or is it just until the arrears are cleared? I'm not intending to miss payments in the future but my feeling is that once we are in that order thing, for the rest of the 23 years we have the mortgage, if we are ever a day late we will have repo people knocking at the door which is not what we want. I suppose my questions are: - why have they taken so long to take us to court - do we wait for them to confirm the arrangement after the i&a we have sent or should we try to get some money together to make this months payment (due tomorrow) - as my partner is out of work, are there any benefits we could be entitled to (we get £289 tax credits but thats it) - i've heard people mention the new government scheme - how does this work and would we be eligible? Ok, i'm really sorry to have waffled on for so long (waffling is my speciality) but i really need some knowledge on this as neither of us are sleeping at the moment because of the sitution and it's making us very ill. I don't mind going to court if i can be sure that they will agree to us making the £600 payment to clear the arrears and once thats done, thats it the order is over but if its long term, id rather try and find the monye from somewhere before going to court although i haven't a clue as to how i do this !!!!!!! Look forward to your resonses Shell