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HP Mum

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Everything posted by HP Mum

  1. I have no idea what they are trying to achieve? Even judge was at wits end considering the bulk was returned and there's a CO - which they didn't disclose in their claim. Unless they hope to find links to other accounts with lots of money? Which there isn't. Tbh i don't think they expected me to turn up and dispute it. The attending Sol was very unprepared and didn't seem to know any details
  2. Some good news. attendance today as L-in-P was scary but beneficial. Most £s returned, no need for 244 form due to high cost, have to provide further evidence and doc of truth within 1w to prove level of 'broke-ness' to get tpdo discharged (or be guilty of contempt ). Not 100% sure the extent of what is needed?? The tpdo was only for 1 bank. Yet some transfers came from my parachute bank account - which would be shown in statements. Would I / should I show the parachute account now too? Money in that account was/is (and hopefully will be in the future) occasional cheque gifts from family to help out and was the account into which pension funds got paid. There's only a small amount left in this account - and still £s that I would use for normal living expenses.. Alternatively would all certified info from hmrc - benefit, covid grants, pension and tax return - be enough as evidence of all the income received over the last tax year? Benefits I continue to get monthly. Seiss and pension £s all been used up. Silly - sols costs are going to be more than are ever recoverable via the tpdo.
  3. Yes there is a good reason. It's very complicated; too much to go into here. I haven't been able to talk about what's going on. Not even to close friends. A bare bones explanation is that I am stuck in a protracted 3 way battle involving one asset. Me going bk would adversely affect that. I have successfully fought bk so far on the grounds that someone else's actions have paralyzed all of us. The last few years have been brutal. All the issues to be dealt with are very time-consuming. That - plus lockdown - has prevented earning ability. But there will be a resolution. Then I really hope my life can return to normal and I can earn decent money again. In the meantime I am living off (less than) the bare minimum... Once the battle is resolved I hope that the person that has issued the tpdo can get their £s. And others too... I need to face up to this tpdo and get the £s that aren't mine returned. There's a hearing coming up and I would like to know if I can email the courts with my evidence as I can't attend. Is that possible? I know its possible to email docs regarding a claim for a judge to review - and I have that email as I've used it before. But I just don't know if it's possible to email docs to the court for a specific hearing instead of attendance?
  4. Just trying to understand options here Can't afford lawyer. Can't attend hearing Is it possible to email evidence to court in advance of hearing?
  5. I understand what you say dx. Banks dictate that kids accounts are set up with a parent name. In my kids case there was proper paid work. That's evident by the companies paying into the account in kids name. The funds belong to the kid It is interesting that a different bank wrote to nominated parent to advise they were changing the account into an adult account for the kid- yet this bank didnt
  6. They know about the asset. They got a ccj and secured it against the asset. What they don't know is that the asset is subject to separate disputes. I also did ask a lawyer to deal with this tpdo but they didn't do the work and won't if I have no funds !
  7. Thanks for the reply They can't currently take the asset as the asset is protected due to separate legal disputes involving other entities. I am not sure if they know this. Also the amount owed is a lot. But they are the 2nd charge - which is large mortgage size
  8. But... it is actually the banks fault with this account. They can see its not mine and had kid's income in. We just left the account as it was, rather than transferring it into a new account thinking it would be safer and without thinking there'd be a problem like this. Also kid is officially an adult now. What do u mean - the cost of doing so? My kid wants his £s back ! Kid can't be held liable for my debts
  9. I understand that dx. But just for clarity if it's easily provable earned income by the kid then the court will have to return it?
  10. It's an interim tpdo and the county court is holding the £s before the tpdo is made final... The bank is at fault for releasing funds from kids account. I can't discuss with them until tomorrow morning. Will see what they say before I contact court. Not really sure the pension guy did anything wrong? In the sense the ccj is secured against an asset from which no £s will be released until different legal disputes are resolved/ asset sold? The pension tax-free £s were sent to a different bank than the tpdo bank. I'm not really sure how a ccj works? The debt is secured against a property. With just benefits and this small pension sum into a different bank account - which was supposed to just pay essential life bills - surely the ccj debt is "safe". To whom should I declare I received 1k? Those funds are gone now anyway. I don't have any other funds or assets from which any creditor can grab
  11. Dx - u r correct. I should have but didn't. I am stupid. I will now. And I do intend to write it all down/ self-publish. I do also try to help family and friends with stuff I've picked up - which is evident on some of my postings - and helps distract from my own issues I still need to understand the implications of this order and what may come next?
  12. Dx - I had set up another account. My benefits don't cover even my essentials. I took advice from my pension advisor, he checked and said I had 1k available in pension fund - which was a wonderful surprise and bonus. They organized that sum to go from the pension fund into the new account. The 500 I transferred into my normal account was the last of the 1k. That's it - I have nothing else that can be taken from that pension fund. You may well be criticizing me but that's harsh. I had direct debits still set up in my normal account - and that's why I transferred 500. I have direct debits due tomorrow - one of which is a higher quarterly payment - total debit value of 500. My next benefit isn't due for 1w. now I can't pay the direct debits and I have 0 for food. I am stressed and in a corner and probably not thinking right. Clearly I made a mistake by transferring my last 500. But "shouting" at me isnt gonna change my mistake. I'm trying to keep calm. I have been doing my best to rise above the most awful circumstances over the last few years. I try not to dwell as a victim, I prefer to try find solutions. To that end I cope. But most people in similar situation would not have survived the last few years. In my previous business existence I could earn £500 in a day. That existence disappeared. To now lose £500 feels like the end of the world. I have budgeted. But I did not expect my circumstances to still be unresolved after a few years.
  13. Thank you. I had recently removed 1k from a pension fund - the last amount of total tax-free allowance - into a separate bank. I can't survive off the monthly benefit so accessing the last allowable sum from the pension fund was the only way I could try stand on own feet to help pay for essentials for the next 3months. I had just transferred 500 into my normal bank before the court took the lot. This means all my direct debits - utilities, phone, internet, road tax, insurance etc - will bounce tomorrow. I read that a judge had allowed a creditor to take the tax-free pension sums from a debtor. Will they be allowed to retain this 500? Just trying to understand what will be a judge's next steps? I did borrow a large sum from a personal contact which I haven't repaid. They subsequently got a ccj secured against an asset - but only as a 2nd charge. There are on-going legal disputes with the 1st charge which is preventing any kind of financial resolution. Been going on for years. Very complicated - the 1st charge did things they shouldn't have. The 2nd charge may or may not know about the other legal disputes... But they do stand behind the 1st charge in the pecking order for £s. (I'm not paying legal costs in those disputes). In the meantime - I don't have any £s and no income. I'm waiting for resolution too. So what will a judge likely do next, given the sum owed is secured against an asset that - as far as 2nd charge creditor and judge could surmise - would potentially be capable of paying the debt.... Should I write a statement to judge simply saying the asset is subject to a wider dispute against a separate entity with a 1st charge and this 2nd charge creditor must wait? Will the judge say the creditor has to wait? Can judge switch the claim to bankruptcy? I don't see any benefit to that - but am obviously nervous. .
  14. So... I had a small amount in my account. And that was removed by the courts last week. I was left with £0. Couldn't / can't even buy food. As in I'm hungry. And now can't honour direct debits - for essential bills - due start of the month However the bank also allowed money in a kids account to be taken. The nature of a kids account is that the bank demands it is set up in both the parent's name and the kids name - but the funds are the kids. In this case earned income by the kid. Furthermore the kid isn't a kid anymore but the account remained open with funds in it. Can the 3rd party debt order cover money in a kids account? Have proof the £s are kids
  15. I have no income at present. Unfortunately. But I do have an alternative bank account to the one listed on the 3rd party debt order. I would be surprised if the current bank that receives the small amount of government benefit would be allowed to take that and give it to the claimant?
  16. It seems the bank has taken no action as the account has not been frozen. Have continued to use it as normal - which is to pay direct debits and for daily essentials, as in food, phone, wi-fi access, transport. I have no spare £s at all and actually currently no income either. The debt owed is currently incapable of being repaid - irrespective of the person getting a ccj. There is an alleged hearing in a few weeks time regarding the 3rd party debt order. I assume the bank has advised the claimant / their lawyers that there are no hidden funds that they can grab? The claimant got the ccj as an attempt to make their unsecured debt a secured debt (second charge) on a known property asset. The claimant does not know that the property is part of a much larger/ wider (legal) dispute - which is too complicated to go into now as it has been going on for years. I can not access any value attributed to the property until the other dispute is resolved. But - as far as the claimant is concerned - in essence their old unsecured debt is now secured. They consider - most likely and probably - there is enough equity that they would be able to get reimbursed at some point... I am confused as to why they tried to also freeze my bank account? Now I assume the bank has informed the claimant that there are no hidden funds, is it most probable that a judge - at the imminent hearing - would advise them to sit and wait because their £s are secured against a property asset? I can not do anything until the much larger dispute is resolved. I have never communicated with the claimant or their lawyer - as their claim is so very secondary to the other dispute.
  17. I read that on a different site too. I also read that bank knows about the order 7 days before account holder. I know about it and have still been able to continue using debit card to make small purchases via the account so it's not frozen - yet. Looking over my account balance - recent and the last year - it will be blatantly obvious to the bank that I can't live without the tiny funds in their bank. On any day recently that could have been the "fixed day" for freezing - we are talking about a few hundred £s and the bank can see that every month expenditures are only essentials. Surely the bank must allow direct debits for utilities, insurance, phone etc to still be paid?
  18. Will the bank report back to the person/ lawyers with the details of the account? Will the bank provide that transparency ? That regular outgoing of £s are only basic essentials. And regular incoming of £s are very low - and during covid almost non-existent. And no savings accounts either? If bank provides that kind of transparency and it's obvious there's no £ to repay the debt - what happens next? is it likely the person/ lawyers will then apply to court to check if there are any other bank accounts with different banks? It seems bizarre that someone would take this action unless they assume there's £s hidden -which there isn't. What would a judge likely say/ do next when it's obvious there's no ability to repay the debt? Could a judge suggest bankruptcy? I've had a read of the part 72 above. I'm not sure if to cry or laugh? As I don't even have enough £s to pay for the Court fee. The person has been so misguided by lawyers to even take such action. They think I have assets - I don't.
  19. Me Borrowed a large sum from someone. Was unsecured. Couldn't repay. they got a ccj. Can't pay that either. they applied to my bank with an interim 3rd party court order to "freeze" account. Assume they think I'm hiding a ton of £s - which I am not. I have no savings and barely any £s per month. just am curious what will happen next?
  20. If someone only receives a Govt benefit - ie working tax credit - and barely has enough money to pay for food, utilities, public transport and general essentials - what happens if their bank receives a 3rd party order to freeze the account because of an unpaid debt and a mistaken assumption that account holder has hidden funds/savings ? Does the bank allow the account holder access to the bank to pay for life essentials? Or does the bank literally freeze the account so nothing can be bought, no bills paid for ?
  21. Assuming that means ignore !! Which I will then... Thanks DX
  22. Ok Thanks DX. Its the couple months run up to Christmas that dcas always try to ruin by sending loads of threatening letters out... Will just ignore
  23. £6.5k old unsecured debt to Halifax. I have received a further 3 letters from Intrum 2 in October 1 in November Start Oct - first letter they say they have received evidence that indicates i reside at xx address. They want to speak to me - to discuss details in a constructive manner... To set up a Payment Plan that is affordable and sustainable etc... They may even be able to offer a discount... Mid Oct - second letter they say they are committed to help customers and would like to offer a discount by way of a partial settlement - which will write-off 65% of the debt - if I pay by end Oct Start Nov - third letter they say again they are committed to help customers and would like to offer a discount by way of a partial settlement - which will write-off 80% - if I pay the discount sum in Nov... Assuming I don't do anything and very soon they may write-off 100% !!!
  24. I now understand that Shoos set up a JV with Chartsbridge - a collections and enforcement business. The JV enterprise is called Equivo and Shoos is the majority owner. Equivo is apparently designed to be a ‘one-stop shop’ for recoveries-related issues, providing collections, legal and enforcement services... So should I be worried that Equivo now seems to be focusing on my very old account with NW? Received a letter end Sept asking for my proposal for the repayment of the debt outstanding to their client - NW. They refer to the Claim No. which was NW-v-me back in 2008. ** NW successfully got a Judgment against me for £6.5k before I found this site. Apparently NW has informed Equivo that they may be prepared to accept less than the full amount due in settlement - if I make a lump sum payment in the short-term. No interest is accruing. They say "client would much prefer to enter into a formal arrangement with me that is both reasonable and affordable in line with my current financial circumstances rather than having to consider further enforcement options" They include the usual I&E form Should I just ignore - as usual? I can't pay anything anyway...
  25. Had another couple letters from the new dca for this old overdraft - Hoist. **Just as a reminder it isn't a 'managed loan' - it's just an unsecured overdraft. Hoist wrote in Sept - asking me to set up a payment plan ! Hoist wrote start Nov - asking if I need help managing my account. They state the debt as £20k. The last dca was CL and I stopped paying them a nominal monthly amount years ago - but not long enough ago for it to be SB Shall I just file and ignore?
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