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Banking on change

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Everything posted by Banking on change

  1. Banking on change
    After two letters (without reply), 3 emails (without reply) and a further form sent from the councils website (without reply) my wife called but got cut off. So she called the bailiff and told them our position. Finally, the council email to say they were removing one of the liabilities as they could see the property was empty. No apology for the stress caused or time taken to respond. In line with a lot of advice I've seen given here on the forums I have asked for the details of liability orders (amounts,m dates, bailiffs etc). I have three questions: 1. What happens if they don't supply this within 14 days? 2. In what way does this info help? 3. Can the bailiffs still proceed whilst this information has not been provided? Thanks for all help
  2. Banking on change
    Hi seanamarts Thanks, it certainly does apply to us. Can you give me a link to where you found it? I wrote to the Council twice previously informing them that the property was empty and unoccupied. I've just had another look at the original Council tax form and they have applied 10% discount for the property being "empty but furnished." They've got it wrong obviously. The only thing in the property is an old table which is being used for tools/ paint etc. I've also just received a summons to appear in court for this property so I'm confused as to how the Bailiff already has a liability order before we've even been to court? I emailed the Council on Wednesday and the bailiff on Thursday (after finding their letter again). I marked the emails urgent and indicated that we are a vulnerable family but neither have replied yet. The Council paper work conveniently has no phone number, just a fax hence my email. Calling the bailiff was an interesting experience. I was asked the usual question about reference or case number to which I replied that I just wanted an email address for the company so that I could write to them. The lady then asked who I was and I replied that I didn't want to get into a discussion about anything but just needed an email address. She was so rude, telling me she wouldn't give me it as I was refusing to tell her who I was. She suggested I could get the email address from their web site. So I asked for the web address and, having made the suggestion, she refused to give me the address of the site unless I told her who I was. This went on for a while and then she said I would have to google it if I wanted the web address to get the email address! I can't believe how she acted or understand why she felt the need to be so rude and obstructive. What was the problem with giving me an email address to write to? So I await the replies to my email. Cheers
  3. Banking on change
    Hi Thank you for your support.
  4. Banking on change
    Hi I've just received a bailiff letter claiming they intend to visit my house and take away goods if I don't pay. I am recovering from a long period of depression but this has now set me back again. The letter relates to Council tax on two properties. The first property I left in 2006 and the bill is for a few months tax in both 2000 and 2005. It's quite a small amount. The second property is a flat that my wife and I let. It is currently unlet and unfurnished due to previous problems with a tenant who didn't pay rent for a year and left the property in a state. We have been unable to afford to do the work required to relet it as of yet but hope to soon. The council are aware it is unoccupied as I wrote to them in May (by recorded delivery). So my understanding is that I should not be liable for any council tax on an empty property. With regard to the first property I thought all bills had been paid in full so it's come as a surprise. They have spelt both my first and last name wrong on the council tax document. For some reason adding an "e" in both cases. Does this in any way invalidate the document? I am currently under my doctor for depression and am finding dealing with this very difficult. From previous posts I believe we are supposed to be treated as a vulnerable family as we also have an adopted child who has some special emotional needs. My mental state is so bad that I am very forgetful and I have misplaced the letter from the bailiff so I am going to call the council now to get the details again. Should I write to the council and CC the bailiff? My question then is what do I do to defend this? Thank you in advance for any help.
  5. Banking on change
    Thank you Lea Most grateful for your advice.
  6. Banking on change
    Thanks Lea This is all new to us so I'm not sure what the best course of action is. We don't want to lose our properties as they are our pensions. And we have an obligation to our tenant who is moving in tomorrow so we need to ensure they are not hassled or in any way inconvenienced. Spoke to the Banks solicitors today. They have told me that a 28 day possession order was granted and that they are due to talk to the bank again on June the 8th. They said there will be no further action until then so we can still come to an arrangement. My thoughts are: 1. Are they being honest and that nothing will be done before this date? 2. If on the 8th the bank decided to just repossess how quickly can they do it given there will be a new tenant in the property from tomorrow? 3. Is it worth fighting the 28 day order even though they got it without proper service when they are lightly to get it anyway or should we just make an offer and hope they accept it? Our finances are not great and just when we thought we could afford to make offers on all our properties we received a letter from the bank of Ireland today increasing one of our mortgages from £301 to £465! They really know how to kick you when you're down don't they? Just out of interest if the property was repossessed does the fact that they filed at the wrong address not count for anything? I said in my first post I'd provide more detail so here goes. We are a vulnerable family. We have an adopted child who has special needs. In March 2011 our child suffered an awful experience at school and we were forced to withdraw her. I don't want to go into too much detail about the school issue as it could identify us to people we know. I ended up on medication for depression and was signed off work for almost a year (I've just started working again). On top of all that we had a tenant not pay rent for a year (-£7,150) and I wasn't able to fight it. So you can imagine to say we are in a financial mess is an understatement. We are doing our best to get back on our feet but with fees and charges being added to just about everything it's one step forward and two back. I was in court two days ago in London with the same bank and the same firm of Solicitors. The Judge ruled in our favour as we can prove that they know our address and have written to us at it more than once. They are being so unreasonable claiming we haven't changed it in writing according to their procedures so that is why they haven't amended their computer systems. It's causing me considerable stress at a time when I'm trying to recover. Should I use this recent case in my set aside request? Thanks again to you all
  7. Banking on change
    Hi Okay I went to the property today and there was nothing from the court. I guess it may not have been processed yet. There was however, the original paperwork from the bank's Solicitors informing us of the repossession hearing on May 10th. I'm obviously concerned that if there is any issue that prevents the court paperwork arriving we can't appeal as we wont have any judgement to appeal against. If the case was on the 10th shouldn't paperwork have arrived yet? Whats our next move? Thanks.
  8. Banking on change
    Hi sorry for incorrect post, just so very desperate due to time and didn't know what to do to get help asap. Is the move just virtual or should I actually go to some other page now to continue posting? Thanks
  9. Banking on change
    Hi Thank you so much for you reply. In answer to your question I don't know what kind of Judgment it is as I only found out about the hearing in a phone call yesterday. I am going to the property today to see if there is any mail. I haven't heard of a forthwith possession. Does that mean they get our property immediately and it could therefore already have been repossessed? I'm so worried about this and it seems so unfair that they can take this action. They have refused on the phone to send the correspondence to our actual address (both the bank and their solicitor) unless we provide written confirmation that it is our address, even though they have already previously written to us at our current address in response to our previous communications. I really don't understand their position to be honest?? Thanks again I will post later today once I have visited our property (with all my fingers crossed)!
  10. Banking on change
    CitizenB thank you for such a quick response We really appreciate it
  11. Banking on change
    Hi All We are facing a horrid time with the Bank of Ireland Litigation team and are in urgent need of some help to set aside a repossession judgment. As time is of the essence I won't go into all the issues we have with how we are being treated by this Bank here (but will return to explain more later) Basically we have a very small portfolio of properties which is instead of a pension. So my wife and I are trying desperately to hold on to them as you can imagine. We have an adopted child with some special needs and financially we are struggling. The Bank of Ireland hold two of our mortgages and have instructed TLT Solicitors. Yesterday I successfully defended a repossession application on the basis that the Bank served the paper work to the wrong address. The judge agreed that as the Bank had written to us at our current address they had incorrectly served by sending papers to our previous address which the Bank claim is the only address they have on their computer. The judge ordered them to re-serve at the correct address and awarded us costs of £100. I now find that they have served again at our previous address for another of our properties and it has already gone to court. As I didn't know I obviously did not turn up for the hearing. The hearing was on May 10th. We have a tenant moving in this Friday. I urgently need to apply to have the judgement set aside but I don't want to make any mistakes. We cant afford a solicitor. Although the Judge in yesterday's case, in awarding us costs commented to the plaintiffs representative on his objection, "You're lucky it's only £100, it would have been considerably more if they had instructed representation." What do I need to do? Can I mention our case from yesterday as a president? I did not take any evidence of my earnings to court so the judge couldn't award anything for this but could I include evidence of my income in this application and request compensation for my time defending this. So to be clear our position is the Bank were fully aware of our postal address as they have written to us at the address prior to serving this repossession notice. We have also been talking to them and their solicitors for several months and no one mentioned this action. They have served at the wrong address. Please help us asap as we really don't want to lose our property. Man thanks to you all. We are so grateful for this forum!!
  12. Banking on change
    Same here, I should really be in bed as in court myself today but can't help going over things several times to make sure all bases covered.
  13. Banking on change
    Ruth contacts me so regularly my wife is suspicious. I wonder what Ruth looks like ; )
  14. Banking on change
    Hell Seanamarts, that's what I call dedication replying at almost 2am ; )
  15. Banking on change
    Old Bill and Brassnecked I don't want to hijack Annettes thread but I have two other situations I'd really appreciate your thoughts on. If I start another thread could I ask you to comment?
  16. Banking on change
    Well done Annette That's whats truly great about modern technology. It does make it much harder for them to cheat. lie and abuse their "position" ; ) brassnecked I believe you are totally correct about your take on filming but with regards to recording someone whithout their knowledge it's not admissible in court is it??? I was told by a solicitor they could argue that you set them up. but not being a solicitor I don't know
  17. Banking on change
    One other tip I'd advise is recording their actions including calls to the council. We are also a vulnerable family with an adopted child who has some special needs. We have already travelled the path to bailiffs and complaints procedure and at stage 2 of the complaints procedure the council have rejected my complaint. In their defence they claim that their record of a phone call a few months ago indicated no request for an income and expenses form. However, my recording of that same call demonstrates that the council rep on the other end advised me not to send in my own spread sheet as they prefer all figures on their own I&E form. She goes on to say she has requested it is sent urgently. I can't wait to hear their answer when I ask how their phone log missed the 3 or 4 times the subject was spoken about and her comment that it had all been entered on the system. We haven't had such a bad experience with the bailiffs although in the councils letter (addressing the complaint) they have to give you a chronilogical record of events, and there was another bailiff visit one day when we were out. Again breaking their agreement to hold bailiff action until the complaints process had been finalised. Record EVERYTHING! Good luck and don't let them get you down. Easier said than done I know but it's much easier to fight them if you are armed with the facts. And you'll get some good advice from many of the knowledgable people on this forum.
  18. Banking on change
    Cheers Ploddertom
  19. Banking on change
    Thanks again for the advice. I'm waiting to hear from the Council. Cant email the bailiff as they don't publish an email address just an 0871 number which I would never ring anyway. The company are Birstow & Sutor.
  20. Banking on change
    Thanks I'll be back once I get a reply. In the mean time what did the Bailiff mean when he said "I'll give you five days", then? Can he actually do anything more when the five days are up?
  21. Banking on change
    Hi Wonkeydonkey Thanks for the advice. I didn't let him in but our car was in the drive. It's an 18 year old Astra so it's not worth much but we rely on it to take my daughter to school as it's about 5 miles from our home. Dealing with the Council has been a nightmare to be honest as they never do what they say without several requests. I recorded the first call for evidence as I knew they would screw up and all further communication has been via email so proving their incompetence (should I need to) is not a problem. I already have the relevant sick note as well as a letter of support from my doctor so I will send it to them by recorded delivery and ask the questions you suggest too. Thanks again
  22. Banking on change
    Hi All I wonder if anyone can comment further on the vulnerable status and what difference it makes to the councils action. I had a bailiff visit today. I refused to let him in so he said "okay I'll give you five days" I'm really worried. I am on the sick at the moment with depression. The council are aware of this yet they have still sent a bailiff. We do owe the money and it has come about due to loss of income due to my illness. We also have an adopted daughter who is eight and would be extremely distressed by bailifs coming into the house. I don't know what to do or even what my options are. My wife works but her income although reasonable, isn't enough for us to pay £1,600 just before Christmas. We had two liability orders and paid one in full a few months ago but couldn't pay the second one. I did communicate with the council and they promised to send me I&E forms but it took two further emails over about six weeks until they eventually emailed them to me. How can I stop this bailiff returning to take our stuff in 5 days. I have been getting better but this is making my depression worsen again. Any help would be most appreciated Thank you
  23. Banking on change
    Thank you Brassnecked
  24. Banking on change
    Hi All I wonder if anyone can comment further on the vulnerable status and what difference it makes to the councils action. I had a bailiff visit today. I refused to let him in so he said "okay I'll give you five days" I'm really worried. I am on the sick at the moment with depression. The council are aware of this yet they have still sent a bailiff. We do owe the money and it has come about due to loss of income due to my illness. We also have an adopted daughter who is eight and would be extremely distressed by bailifs coming into the house. I don't know what to do or even what my options are. My wife works but her income although reasonable, isn't enough for us to pay £1,600 just before Christmas. We had two liability orders and paid one in full a few months ago but couldn't pay the second one. I did communicate with the council and they promised to send me I&E forms but it took two further emails over about six weeks until they eventually emailed them to me. How can I stop this bailiff returning to take our stuff in 5 days. I have been getting better but this is making my depression worsen again. Any help would be most appreciated Thank you
  25. Banking on change
    Thanks for all your comments. The rules seem really complex so I'm not sure where my complain fits as its been ongoing. But it's go to a point where I feel sick when I see his name in my inbox and I'm fed up of this. Is anyone able to give me ball park idea if this is work pursuing if I outline some brief details? I know I'd still have to get legal advice but he wants to wrap it up this week. I am home on full pay whilst I decide what to do (although it will be deducted from the end payout). Thing is its been a nightmare for months and all of a sudden I get this offer and he's being very nice. Even offered to pay my costs (estimated £300) to get the compromise document signed by my solicitor. Smells a bit fishy to me. Just seems a bit too keen to get it done. Any thoughts?

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