Spent this afternoon with my friend as she collapsed and was rushed to hospital. Apprantly she may be having a nervous breakdown, think all this especially the shame is just getting too much for her. Her husband is sorting things out now. He's decided to sign the declaration for 2009/2010 to end finalise that claim and advise the tax credits that they are no longer claiming going forward. Hopefully that will be the end of it. As he said they cant change what they have done put they can try put to thier lives back together and he only wants to concentrate an getting his wife better now. In meantime he's getting help via a DMP with his finances and if they are found out later down the line they will deal with it then. He is also putting some money aside every month to be in a position to repay all the Tax Credits if need be.

Thanks erika. The more they have looked into a way out of this mess the more stressed they are getting. I suggested owning up and offering the Tax Credit people a charge on their property. Whilst not enough equity in the property to repay all her debts it will certainly cover what they owe? The thing I dont get is they carried on claiming to make ends meet and now they are in debt so far and in a worse postition than they ever was before, why own up now? If the Tax credits office does a Experian credit search will this show on thier files to them?

Thanks people, sort of what I thought too. Think she and her husband know this themselves hence the reason they needed to tel someone. I think from the conversation this afternoon that they both just want to own up repay back what they owe no matter how long that will take and then start afresh. As for her job, she'll definately lose it...as for mine I never even thought of it to be honest.

Bump

Hi, I'll try to keep this as short and as simple as possible but its baffled me? A bit of background to set the scene: I am a Debt counsellor and my friend of 15years came to me 2 days ago to help with her finances as she said she was struggling badly. I did my usual stuff but then asked her about the TC she was getting? My friend is Married with 3 children and both work full time? She broke down in a fit of tears and told me they had deliberatley decieved the Tax Credit office. I was stunned! This couple were close friends and the apitamy of honesty and all thats fair? This is their 2nd marriage for both of them and this is where the problems began fromwhat I can see. Anyway, the facts are these: 6 years ago their finances were: Her Salary £901pm His Salary pm £870 Her Tax Credits £430pm His Tax credits £290 Her Child Benefit £120pm His Child Benefit £69 Her Maintenance £480pm His Maintenance £80 Her Total £1931 pm His Salary £1309 Jointly £3240 -All was going ok she said until they got married and moved intogether which was 5 yrs ago. Both the ex's stopped paying maintenance and they lost all tax creds and were only entitled to £45pm, a total monthly loss of income of £1280 pm alot in any bodys book. At this point everything was legal and they had only claimed what they were entitled. -They used the ususal channels of CSA and solicitors to get the maintenance but both ex's gave up their jobs, (so they said, both self employed and contiued to work). Thier ex's also got legal aid but my friends could not so this became an expensive futile chase for no money and was advised by the solicitor to give up! -She said they were on verge of losing everything. This caused major problems in their marriage and they split for about a month. (I remember this time but she never mentionend the money problems then just that it wasnt working). -This was 4.5years ago. My friend rightly claimed all tax credits again as a single person. After a month apart they got back together but continued to claim as single people just to make ends meet. - After a year they sold both thier own homes and bought a new one and put themselves in a better financial position and were going to stop claiming when the Credit Crunch hit. They had just fixed thier mortgage and her husband salary got cut and her pay frozen and loads of other reasons she gave as to why they felt they had no choice but to continue claiming. - They have since tried to claim maintenance again but to no avail and only the female ex has been ordred to £20pm.(last month) - They are so desperate to stop claiming and just live normal lives as they both said that they live in constant fear. -They are not extravigant people and only take 1 weeks holiday per year in my caravan (mates rates) as this all they can afford. Thier oldest child is now in college and the 2nd oldest due to start in september, youngest in high school. - They know its only a matter of time before they are caught and dont want this hanging over thier heads any more. On doing their finances their debts total £41,000 as they have been living off credit and restructered loans to help pay for cost of living. They have £30k equity approx in thier home and want to repay every penny they claimed falsly from the tax credits which I calculated at approx £16k! -She has already had the ear bashing from me and they WHY questions reapeatedly but I dont know what to advise her. She said she wants to sign the declaration to end last years tax credit claim and then not claim for the year coming, not even as a couple to put an end to it? She also suggested owning up and giving them a voluntary charge on her house for the debt. Is she better to own up and sort something out with them? She works for a bank and if prosecuted will lose her job, home and unusual in this day and age but I think most of all I think her dignity. She is so ashamed about all this I fear if this becomes public she will end her life. -Her debts problems alone may cause her to lose her job anyway as my only suggestion for this was a debt managment plan or IVA as her finances are diar. Sorry for this being long winded but I simply dont know what to advise her its a bit above and beyond me and I have had no dealings with the Tax Credits at all? All help, suggestions would greatly be recevied. Thank you in advance.

Hello people, Well so far so good...my ex has been allowed to open a savings account and has now deposited the cheque. I am meeting with him on monday at 9am to action a "instant bank transfer" into my account....although the amount is still being debated. I know he paid out this money to Lloyds and some of you out there may think I am a bit heartless for not wanting to give him any when he's on the verge of bankruptcy. However I have worked hard as a single parent to keep a roof over my head and since our divorce 5 years ago have been very careful with my money and not lived beyond my means. (We both left marraige debt free and with 50% share of what little equity was left) - Unfortunately my ex did not do the same and ran up his debt by himself living a life he could not afford. I in the meantime i have made sure our children are well fed and clothed and have a decent home. - Dont know why I feel I need to justify this...guess I just wanted to explain myself. The thing is all this claiming back charges is great and i do believe in the people power which is going on and the principle behind it....but please dont forget you have to pay these charges out first in order to claim them back and in the meantime your bank gets the profit and interest and use of the money in question. Whilst I do not judge people (try to anyway) I would head a caution in the fact that some are claiming mutiple times from the same bank..Fine in theory but this suggests finacial problems? Would it not be better to take a good look at your finances and try to sort a good budget out and not give the banks the satisfaction of charging you in the first place.? This would mean they then have to offer better rates of interest and sing to your tune instead of you singing to theirs? Only saying the above as I have my debt counsellor's head on. Its just a thought. Amyway I'll PM a mod as should now class this as settled even if I dont get much its still a victory against Lloyds...I will be donating once I receive the funds as feel this site is doing a great job., think I'll stick around to help others more now. Thanks to all who have helped me along the way...its been a loooong road.:o

I am in talks with my ex so i'll keep you all posted...dont move this thread as this may not be over. Angi77777

Hi all, I have good news but now need major help:eek: As you all know i have been doing this claim for my ex-husband who owes me £8k in arrears of maintenance. Right from the very begining i have done everything with regards to this claim including pay all the fee's. I have helped him enter a debt managment plan. Good news.... LLoyds have sent a cheque as full settlement for the total amount I claimed for. Bad News: even though i put in from the very start that all claims money had to be paid directly to me by "right of appropriation" they have issued the cheque in his name. .....The thing is he may now not allow me any of the funds after all the hard work i have done? Also he no longer has a bank account with anyone let alone LLoyds. Any body any ideas??:?

Still no further forward guys.... Not happy bunny, still waiting for the DJ's orders. Phoned court again to be told that they are still behind and very busy?? I know this is a long process but i've been at this since October last year! Ahh well everything comes to she who waits....Just wished it would bloody hurry up. Angi77777

Hi, innocent I've been keeping an eye on your thread as you seem to be in same position as me but unfortunately I still havent heard anything from court???? I've updated my thread with details. But i'm getting sick of this run around by Lloyds and the courts. Good luck with your letter....I hope they pay us all off soon as. I'll be keeping an eye on the proceedings as usual. Angi77777:)

Hi there, dont worry about your account being with payplan. Simply keep following the proceedures on here. So long as you maintain your payments on a monthly basis via payplan and do not default you are fine to continue and this will not effect the claim. This is assuming that payplan have written confirmation from Lloyds that the payment offer has been accepted by Lloyds for a certain period of time. (which they must have done for it to be included in the plan). Chin up and keep going, although Lloyds are one of toughest.

Hi guys, Time for an update Cant believe DJ! Lloyds were supposed to have sent in their AQ by 5th May. This did not happen and we have been waiting for something from court ever since. Seems the courts are getting sloppy. When i phoned yesterday they said that order had been given to Lloyds to give them once last chance to send in their AQ, this they have doen on the 7th June!! over a month after they should have done. The court person then told me that the judge has now made orders and we will receive a copy of this in post but they are 3weeks behind!. I did not receive a copy of the 1st order never mind the 2nd and the court clerk just kept saying they were busy and could not tell me any more and i simply had to wait. They will not read the order to me or tell me if Lloyds have requested a stay or not....basically i am still stuck in limbo, again??

Hi guys Just a quick update...still no Aq, settlement or judgment from anybody at min!!! Getting highly frustrated. However decided to send SC&M a nudge letter giving them another chance to settle. See below. Lets hope this works as really could do with the money now.:-| Sechiari Clark and Mitchell Department SO PO Box 499 14th May 2007 Lower Ground Floor 1-5 Queen’s Road Quadrant Brighton BN1 3XJ Dear Sir/Madam, Angi77777–v- Lloyds TSB Bank Plc Claim No: I write in relation to the claim as detailed above, in which I am the claimant. The above claim was filed on 20 March 2007 and deemed as served on 22 March 2007. Upon service of this claim, you responded by filing an acknowledgement of service on 04/04/07, stating an intention to defend all of the claim. The deadline for filing your defence expired on 4th May 2007. Accordingly, I hereby request that you either; file a defence, (or indicate by return that you do intend to do so); or, indicate by return that you intend to settle these matters without need for a hearing. Any such settlement should be paid directly into the account of Mrs ********** Account number ********, by right of appropriation. I consider this breach of court deadlines to be particularly unacceptable in view of the fact that you are specialist solicitors representing a large financial institution with vast resources, and feel that your litigation should be conducted in a professional manner befitting of such a prestigious organisation. At this point I also feel it is appropriate to draw your attention to the following Ex Parte order which has, to date, been made in at least six cases identical to my own in Lincoln and Newark County Courts: IT IS ORDERED THAT "The Court of its own motion is considering striking out the Defence out as an abuse of process on the basis the Defendant is settling all claims of this nature. If the Defendant objects to this course of action it is to file at Court within 14 days, a Schedule setting out a list of all claims it has pursued to trial and all claims it has settled.” 28 December 2006 The Court considered the authority of Mullen -v- Hackney London Borough Council (1997) 2 A11ER 906 as relevant. I will await your prompt response informing me how you intend to proceed. I trust 7 days from the date of this letter is sufficient. Should you choose to ignore this letter, I will have no choice but to file for judgment by default. Further, should you then subsequently attempt to set-aside the judgment, such application will be vigorously contested. A copy of this letter has been sent to the court. Yours faithfully Angi77777

Hi all, this a new thread on barclays and i am doing this for a friend. I am currently awaiting judgement regarding LLoyds TSB claim but now about to send SAR for this one. I'll keep everyone posted.

Hi cheryl, Just reading your thread and being a bit knowledgable on accounts. If at any time money is paid into your account from what ever source you have the "right of appropriation". What this means is you can write to the bank telling them you are exsercising your right of appropriation and that you require the funds to pay..xyz. No bank is allowed to over rule this right. However Lloyds are trying to get their refunds to pay off any debts. If Lloyds are your biggest creditor then state the payments are for essentials like house hold bills etc.. But at this stage its easier to put a note to them advising of the above and so all money that may be being received from any claim arising from illeagal bank charges are paid by check. Most bank emplyees done even know about this right let alone how to go against so you should be fine.

Hi kev, really sorry to hear about your case today mate. I'm getting really nervous now as Lloyds have not submitted thier AQ and my case is now going to the judge for judgement but there is a backlog of 2 weeks. So i am getting really nervous now. I know you will have loads of support both financially and legally from the MODS of CAG and Martin Lewis and i hope you will continue your fight and appeal...but knowing how stressfull just getting this far has been, you need to be sure that you can handle this. We are all right behind you on this one cheering you on but we're not the ones who will have to live through all the interveiws and the media hype this will cause (and it will be huge). So what I'm saying is a win in an appeal would be great for you and the masses, but be careful you dont pay a much higher price personally.(I say this with the upmost sincerity) Money to donate pledged here ready and waiting if you choose to appeal. GOOD LUCK Angi7777 xxx

Just posted on your too:D My claim is for £4353 + int accruing from time i claim in court. Its actually my ex-husbands account but he owes over £7k in maitenance arrears. He can pay because of the mess Lloyds have put him in so trying to help him sort that out and told him i'd take what ever we could get out of Lloyds as full settlement for arrears. He's happy with that...means he's not paying owt in the mean time.

Your welcome, I'm not sure but i've been reading loads today to try and find out but i cant seem to fond any thread where no AQ has been logged on time or even at all? So just keeping my fingers crossed but will keep everyone informed when i find out.

Hi innocent, Just reading through your thread...I'm at more or less the same stage. My AQ had to be in by 5th May. However after checking with the court Lloyds have not submitted thiers!! I have now been told that my case has gone to the Judge for Judgment, downside is there is a backlog of 2 weeks for this so basically just on hold waiting...again. Angi77777

Hi and thank you curly chick, That is exactly what I was thinking, howwever i did put the request not to grant any "stays" when sending in the AQ so i'm hoping that the judge will be so p***off at banks for messing us around that he will make judgement and telll them i can have my money. Fingers crossed anyway:)

Hi guys, Well i've called the court today as the AQ's were supposed to be in by 05/05/07. Giving Lloyds the few days grace they seem to take for granted I thought i'd check with court to see what happening as have heard nothing. I have been told that Lloyds or should I say SC&M have not sent in their AQ!! The nice Lady at county court told me they have sent my claim to the Judge for Judgment!! Highly confused as I dont know what happens now...will the judge be likely to just order LLoyds to pay or is there something else I should be doing? Any help would be much appreciated guys. Angi7777

Hi saranev, i've been keeping an eye on your thread as at more or less the same stage...although found out today that lloyds have not sent in their AQ? the court said it has gone to the judge for judgement...so fingers crossed! Anyway, WELL DONE on kicking Lloyds Butt! Its been a lengthy process so enjoy and a big FAT to Lloyds.

Hi all, Thought it was time for an update. Well Lloyds debt is now being sorted by the CCCS and it looks like my ex husband will be made bankrupt! This is all we need as not sure what effect on the charges claim this may have? As for as the claim itself is concerned the date for the AQ's to be in has just (5th May) so now i guess I'm waiting for a court date. Iwas thinking of writting to [problem] to offer one last chance to settle. After reading some "WON" threads this is a tactic that has worked. Cant really harm and now really need this to all end and get the funds into my account. Thanks for all the help i've had so far and for all the people just starting...read, read and read some more! Angi77777 xxxx

Thanks Barty, thank you for the repl. I did sort it eventually as found a full explanation on another thread through through reading yours as it goes:) I have given my AQ inot court today and paid the £100. I must say the staff at pontefract county court are very helpful and polite and in fact 1 person even told me she was doing exactly the same thing! Well I guess we have to just wait for a court date now and then hopefully a settlement...but i must say they draggin this on a bit, I started this entire process in oct 06....oh well, patience has always been a virtue of mine:)

I'm stuck guys.... I am trying to fill in the AQ but after a few hours reading am still confused a little. Do I need to put both the "draft order for directions" and the N149 allocation questionaire passge which starts.... All of which is advised in the thread "new strategy for AQ". Please help its getting late and i want to get this into court tomorrow as its my only day of to do so. Do others feel like me and think that lloyds must be losing an awful lot of money by employing sc&m to sort these claims rather than settle when requested??? Doesnt make sense to me.