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rhattigan

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  1. Thankyou for the thread I informed lender before and have kept in constant contact , it was a battle to change to interest only and they are fully aware DWP are making payments , as they pay the lender direct . but as for any other help or information from them , nothing .
  2. Can anyone please advise . I have a mortgage with santander . Having lost my job last November and being uable to find another to date, I was forced to apply for benefits . i am in receipt of JSA and they are now helping towards my mortgage to the tune of £240 a month . After a lenghty battle my lender put my mortgage to interest only , but there is a shortfall of £250 per month , ( their interest rate is higher than that paid by JSA ) They bombard me with letters and state I am liable for shortfall , are they obliged to accept £240 . If not what am I meant to do . I live in a one bedroom house , leasehold ( there are issues with that to)
  3. Thankyou both for your advise , I didnt defend the claim I am afraid I have been in a dark place for some time I dont even open the letters anymore as they are all full of threats . I will look up the the charity and go to the court tomorrow . I did contact E&S in January , they were the worst creditor I contacted , the person on the end of the phone was so rude and adamant that they were going to take me to court for £65 , I did offer to pay it over four months, before this years liability became due , bearing in mind I had contacted them to advise them I had cancelled the dd , I had not at that point missed any payments to them !.
  4. can anyone please advise . i lost my job in Nov last year and my world came to a halt. I have several debts . I primarily contacted everyone and advisd of my situation and cancelled all dd from my bank . Essex and Suffolk water at that time I owed £65 when I contaced them they would not accept any offer to discharge the rest of the years liability over a a few months and were adamant they were taking me to court . They were so rude and aggresive , the rest were not much better , however they took me to court for the £65 plus this years liability plus legal fees etc , today I received a copy of the warrant from the court. I must admit I could not deal with anything I was suddenly being treated like a criminal , spoken to rudely and frequently patronised by these companies , even though I had never previously missed any payments, and since then i have buried my head in the sand . I have never been in this situation before and am still desperately trying to get a job . I only receive JSA . The warrant states the bailiff will attend , can they force entry with a warrant of execution . I have nothing in the house worth taking .
  5. I am no expert , but as you are receiving little help getting to the bottom of the situation you find yourself in from Phillips or the courts , that you file as Stat dec in court today , that would stop any action in the first instance , equally you could send Phillips an email stating that all goods within yor property are subject to a prior levy / walking possesion agreement by B&s .
  6. I am not an expert in ths field , but from experiance could i suggest that you write to the court detailing your financial sitation , ie which benifits you are in receipt of etc , photcopies of anything you think will enforce this declaration ,a simple income and expenditure and an offer of payment for example £5 a week . Explain that you made an offer of payment which was rejected by the bailiffs and you have no other options open to you than to request that the court look at your offer. You can start making payments to the court as an act of goodwill in the interim , they will not reject your payment . They are not going too force entry into your house , as the chances of you having sufficient goods to cover £1k is unlikely , regardless of what the bailiff may threaten . It is a power they have but is very very rarely used , more likely to seize a car than anything .
  7. of course you can use your vehicles , the same as if the levy was on your tv , you can still watch it . You are actively trying to resolve this situation with the council you are not hiding from it , all you are asking is for a manageable repayment plan .
  8. no they are not , if you contact marstons office explain the above to them , any un authorised payments would be refunded immediately. have you checked with your bank exactly what payments have been taken .
  9. dont panic , as you say you are living in rented accomodation , with a car on finance , they cannot force entry into your home , and unless the car on the driveway is something pretty fantastic with a large amount of equity in it they wont touch that . most HCEO dont expect a " result" on domestic writs of fifa . . You cannot get blood from a stone . If the claimant is aware of your position you may find that he has chosen this course of action to prompt you into repaying
  10. your priority is to sort out your council tax and benifits . In respect of the bailiffs action they clearly have jumped onto a situation and applied nearly every fee possible , there are also questions in respect of their levy . These matters can all be dealt with , a calm letter to the council highlighting their questionable methods would be a start , if this is their standard method of operation then the council will no doubt have received many other complaints.
  11. They were not there to take the car , they were there to collect the arrears or obtain a signed VS , . they will not touch the car without a court order, as to do so would been deemed an unlawful repo , and you would then be entitled to every penny you had paid on the car being returned to you. If you choose to go down the legal route , you would be summonsed to appear , so you will be fully aware of everything going on .
  12. Check with the council that your account has been put on hold whilst they investigate ,
  13. council engage bailiffs to collect council tax from those who wont pay not from those who cant pay, most councils are aware that people very often are unable to settle arrears in full and expect that generally these debts are settled by means of a reasonable arrangement . there is no point in putting people on an agreement that is way beyond their means . the bailiff is also expected to identify if peoples circumstances have changed as generally the attendance of the bailiff is the first face to face meeting in respect of this matter . The fact that the bailiff gave you one day is wholly unreasonable , equally there is no such thing as a blanket levy , " all other goods " is not a valid levy . You state that you are on low income , and in receipt of some form of benifits , have you made the council aware of this .
  14. did you recive any formal notification from Northampton county court in respecct of this pcn, if not it is possible you could contact them and ask to make a late stat dec in respect of this matter , that should wipe of all the aditional costs that have been added and give you the opportunity to pay the pcn minus bailiff fees , also phillips bailiffs hav been attending an address you do not live at , what they are suppposed to do is to write to you at your new address with the warrant back to stage one , which is first letter stage , which should be the cost of the pcn plus a letter fee only ( about £11 ), . Most councils request warrants to be returned if a change of address is found. Is it a westminster pcn ,
  15. I am surmising by your statement that it is possible that the following scenario is true ; you were fined twice for no car tax failed to pay the fine , probably moved a few times and the court have finally caught up with you . There is no statute of limitations in respect of magistrates court fines , in other words they never go away until they are paid . As you stated theses are old fines so really you have had ample time to sort this matter out , Marstons would have written to you prior to an officer attending, so you had an oppotunity to make an arrangement at that time , the fact that you have failed to respond to any previouse attempts to contact you other than with the attendance of the bailiff does not bode well . The bailiff is instructed to take payment in full or to distrain /remove your goods . Best advise would be to see if any one can help you out to settle these fines and you pay them back over a period of time . In law you are deemed a willful evader , you knew the fines were outstanding and failed to pay , that is the purpose of the distress warrant .
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