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Showing results for tags 'orders'.
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Some posters are or have asked in the past about how and if a LO needs certain things for it to be legal/lawful. Please read the attachment to answer some of these important questions, as the FoI shows it can and does answer many of these questions for you. Some questions have been Signatures Stamps and so on this may answer your questions This FoIA request was made in June 2014 (not by me btw) The document was named as council_-tax-liability-order-hearings-plymouth-magistrates-court or here https://www.google.co.uk/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&uact=8&ved=0CCQQFjAA&url=https%3A%2F%2Fwww.gov.uk%2Fgovernment%2Fuploads%2Fsystem%2Fuploads%2Fattachment_data%2Ffile%2F324610%2Fcouncil_-tax-liability-order-hearings-plymouth-magistrates-court.doc&ei=Fr5ZVYusD8v8Uv3bgZgM&usg=AFQjCNEpoIEH9Sp0CS3UqetGpvmrG-ENHw&sig2=WIUzNwsDh4f4n4gz6vQprg -
Hello, I am hoping someone can give me some advice. I have a £10,000 debt with MBNA which resulted in me going to court and a charge being placed against my house. Basically I pay a set amount each month, but if I sell my house they get paid the full amount. The only problem with this is my house is in negative equity to the tune of around £30,000 Due to a serious operation it looks like I may be dismissed on capability ground as Occupation Health feel I am no longer able to do my job and due to cutbacks there is nowhere else to place me. My debt with MBNA is managed by Optima Legal who have said they will only accept offers of 85% of the debt. If I can offer less they have said they will put it through to the 'client'. I have spoke to MBNA who have said that it is Optima who make the decision. Prior to the debt going to Optima MBNA offered me a settlement figure of £2800 which I didn't have at the time. I'm trying to do the right thing by sorting out a settlement figure now - before I lose my job as I am pretty sure once that happens the amount I will be able to pay them will drop to literally a couple of pounds a month. Has anyone any thoughts or experience of what figure MBNA would be likely to accept? Thank you for reading this far. Hx
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In November an innocuous query was raised on this forum from a debtor whose council tax arrears were being collected under a Council Tax Attachment of Earnings Order and the debtor asked whether bailiff fees could be added to the debt. At the time...the answer provided to the debtor was that fees could be added. Unfortunately, within 24 hours the thread attracted personal abuse from ‘new’ members to the forum complaining that the advice was wrong and that fees cannot be added and that paying the council direct meant that bailiff fees had ‘died’ (which is untrue). The extraordinary level of personal abuse against individuals on here from these ‘internet trolls’ led to posters being banned from this forum and threads closed. In fact the same subject was debated on the LB forum and that too came under dreadful attack from the same ‘internet trolls’ (who proudly boasted of their new found skills on their own forum). To sum up the importance of this subject one of the individuals responsible stated that despite what the regulations may say about bailiff fees he would continue advising debtors to: "Fight it all the way"... "Make it as hard as possible for the bailiffs to get paid" and: "Prolong the money reaching council's bank accounts". Since that time the subject matter of Attachment of Earnings has been debated privately with members of this forum and I stated on the thread that I would not post anything further until I had received responses to my enquiries on this subject....which I am now doing. -
Does anyone know : I'm considering getting a DRO ( Debt Relief Order ). When they work out your income and expenditure, do they take any DLA (Disability Living Allowance) you may receive as income? Hope to hear from someone pleaseee:-D
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Hi Everyone New as an actual member, but a regular viewer of the forums for advice over the past 6 months with regards to debt. Please can you help with a couple of questions: 1. Is a bailiff company (grrrr Rossendales) allowed to charge enforcement fees at the new rate (£235.00) on a liability order that is pre April 2014? 2. (Liability orders pre April 2014) If a bailiff makes one visit to your house, does not speak to the tenant and then shoves 3 liability orders through the door - Can they charge x3 1st Visit costs? 3. If a bailiff was made aware that the householder was a lone parent and suffering from depression and anxiety and on medication, should the bailiff have informed them that they are a 'vulnerable person' ? 4. How long is a Liability Order valid from the date of issue? 5. If the liability order is in the name of co-habitants - Miss and Mr - and the Mr is now not living in the house (in prison) is the remaining householder responsible for the whole debt of the liability order, even though it is in two names? Sorry for the long list of questions, but just trying to get these points straight in my head - am helping out a relative who is being hounded by these dogs. Any advice would be greatly appreciated. Many thanks. -
Can any body tell me where in it says the court orders need to have a seal and signed by the judge . not just stamp.
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Hi guys, hope to get some help on getting control over Council Tax arrears that have mounted up. I have had several years of dipping in and out of depression where I have not managed finances and don’t have full records of letters, so I am making a determined effort to get all my financial affairs sorted. Current situation is that I have five separate balances handled in the following ways: 1) Currently collected with an attachments of benefits (Income Based JSA) 2) Pending – To be collected by attachment of benefits once the first is paid off 3) Three separate amounts lumped together in a payment agreement These amounts total £35 a month and I’m worried about managing to pay this long-term. I’m also dubious about some of the amounts they have. One is from a time I was on housing benefit and I have always just received council tax benefit automatically without explicitly applying. I’ve found out there are 3 Liability Orders against me and have all the info regarding them except date passed on for enforcement and all the payments I have made on them. My aim is to take off the attachment and pay at a reduced amount till I get back on my feet, but the council have told me I would end up having to pay more without an attachment. Also, if I have missed the council’s one month time limit – can I still appeal against something? I figure a Subject Access Request is the first step, but any other advice would be appreciated as I am a little overwhelmed. -
Hi... Can someone please advise me on this as lot sure what to do? This morning I received a notice of enforcement letter from the council saying despite several letters to me I have yet to pay a liability order for council tax. This is the first lettebi have received from them and the order goes back to 2005. I was living with my ex wife then and when we spilt up I wasn't aware that she hadn't been paying the council tax. .. Do liability orders have an expiry date at all? Not sure how to proceed here... Thank you -
I set up a standing order to pay someone £120 every 28th of the month. In January, they took out the money on 24th of the month instead, after getting charged for being overdrawn and calling them twice, they told me I had set up the standing order for the last friday of the month, and not the 28th of every month. The last Friday of January was 31st!, I told them this and they put me on hold, and then came back and avoided answering it. I told them I had my online banking on the screen and I can see it is set for the 28th, yet they just "good will" refunded, and asured me it wouldn't happen again.... Well it happened again, today, (25th), I'm overdrawn by £80 thus will get charged for it again. I don't wish to spend another 40 minutes of my mobile minutes calling them again, how should I go about reclaiming the charge, and my costs for all of this (an hour was spent on the phone last time this happened).
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A Bailiff hand delivered a letter today giving me 24 hours to pay £265 for an outstanding parking ticket. The thing is, I have written to the Local Authority twice about this, as I had used their automated telephone system a couple of days after receiving the fine and believed it paid. The first I knew it was overdue was when I received a letter advising me that the fee had increased from £35 to £70. I wrote and told them that I thought this had been paid by telephone and asked that under the circumstances (i.e the apparent failure of their system) would I be expected to pay the additional £35? I received no response to this letter until I received another notice taking the total to £105. I wrote again, enclosing the first letter asking for an immediate, urgent response as I did not feel that I should be liable for any charge over the £70, which I would have paid (under protest) had they responded to my initial correspondence. I also said that I felt that I was being used as a cash resource due to an innocent mistake on my part. Again, I have received nothing from the Local Authority until today. I explained the above to the Bailiff over the telephone this afternoon, but he told me I have 24 hours to find £265 and if I don't pay it will go up to £320 then £380, etc. until I pay or he'll take my property. I can scrape the money together, but I'm furious that it's come this far. What are my rights and do I have any recourse to claim some of the money back (I accept the first £35, possibly even £70, but no more) if I pay it out tomorrow afternoon? Please can you advise? Thanks. Lynette -
Hello I hope this is the right place to post this, if not could someone point me in the right direction. I recently tried to get solar panels installed free of charge. The company said that there was a government grant schemed to allow free installation and then they get the grant back from the feed in tariff, however I was refused a grant because of my poor credit record and a CCJ. The CCJ has a charging order attached. The solar company said instead that I could have them installed under a 25 year rent a roof scheme instead, however now the finacne company that got a CCJ and charging order against me have objected so the company say they can't install the panels under this scheme either. This to me seems ludicrous and I wondered if anyone else had had the same issues. To me if I am looking to save money by geting about £600 of free electric every year that can only be good for the finance company because it increase my income and lets me pay off my debts quicker, so if anyone had any experience of this could they give me any advice, many thanks. -
I got into problems with a credit card and ended up being taken to court by a DCA. A Tomlin order was agreed for me to pay a set monthly payment. I paid for several months until I became unable to afford to do so. This was two years ago and nobody has approached me to remonstrate. What is my position here and how long is the Tomlin order valid for ?
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hi could anyone tell me where to post a new thread regarding an interim charge order being made on a county court judgement please.
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Eric Pickles has ordered a clampdown on the use of bailiffs by local authorities and he has also warned councils about "kickbacks" from bailiff companies. I will post back later with a copy of the guidance that has been released. http://www.express.co.uk/news/uk/407830/Clampdown-on-the-bullyboy-bailiffs-to-protect-families -
Does a court order come with the same weight or more weight than a data protection request would? Which means it would be pointless applying for a data protection order if you have a court order in place. ?
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Hello all I have a lot of practical experience of the Charging Order process from the creditor's perspective, and I'd be more than happy to provide advice and guidance to anyone who is faced with the prospect of having an application issued against their property. If you need any info on the process itself, the documentation, Court hearings etc. then please ask away and I'll do my best to help
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I know this is a good few years old now but does contain some interesting ideas on contesting an L/O with cases cited. http://z2k.org/wp-content/uploads/2011/11/council-tax-liability-order-hearing_justice-of-the-peace-310503_AM.pdf
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A woman buys a house in her name only. Her husband has credit card debts. Can one of his creditors go to court and try/succeed in getting a charging order on the house. Thanks
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Hi all I would be grateful for advice on the following - I share joint ownership of former matrimonial home with ex wife who signed her equity over to me as part of the divorce consent order agreement. Mortgage lender has agreed transfer of title to me but she has to stay on the loan. I have interim charging orders on the property for debts that were in my sole name. They are shown as restrictions against my equity my concern is once I own the title could the restrictions easily become full charging orders? I have remarried and would like to get my new wife onto the title. As I have a ccj outstanding the bank won't remortgage us jointly and I don't want a new mortgage as we might want to move next year and most adverse credit mortgages lock you in for the first two years. Wording of restrictions is No disposition of the [registered estate or registered charge dated [date] is to be registered without a certificate signed by the applicant for registration or his conveyancer that written notice of the disposition was given to [name of person with the benefit of the charging order] at [address for service], being the person with the benefit of [an interim]or [a final] charging order on the beneficial interest of [name of judgment debtor] made by the [name of court] on [date] [Court reference Thanks
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A couple of questions about charging orders: 1) Am I correct in thinking that they never expire? 2) If a property is jointly owned and a restriction is placed as a result of a charging order does that restriction ever fall of the record through the passage of time. 3) I jointly own a property with my father through inheritance. I was in a dispute with a third party almost six years ago. They obtained a CCJ against me and placed a restriction on the jointly owned house. The restriction is somewhat odd in that it refers to an interim charging order only (I know final order was granted) and it refers to the beneficial interest of my father and not me. Does any of this give me a basis for challenging the restriction, particularly if the final charging order were to refer to the beneficial interest of my father when he was not the defendant in the CCJ?
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Hey, Just wondering if I make a bank transfer, as opposed to a standing order, can the recepitent see your bank details? Thanks. -
Hi, I could do with a bit of advice about councils and liability orders. Basically my local council last September recalculated my council tax and it went from me owing £40 to owing nearly £1000, which being on a low income I had no chance of paying by april. I got the usual summons letter in November and attended the court, to find them not is session, in fact we had to go to the basement and talk to a council employee, for which we where charged £100 I had turned up with all the paperwork I felt I needed for my day in court, so asked the council lady when we would see the magistrate. She told me that I would only see the magistrate if I disputed the amount. I them made it very clear that I did dispute the amount and that I wanted to defend this in court. She then insisted we make a payment agreement, which we didn't want to do, but she said we couldn't progress unless we did. Before leaving I asked again when we would see the magistrate, and was told I would get a letter in a few days. A few days later we did get a letter with the words "As you are aware we have obtained a liability order". So they never gave me a chance to defend my corner. Since then December I became unemployed so the council tax was recalculated to £38.85, which we where very happy about, until 3 weeks ago we got a letter from a bailiff company chasing £319. I have emailed the council several times, but they keep avoiding answering my question as to why I didn't get a chance to defend myself in court and avoiding the fact that I keep asking for it to go back to court. Was this a infringement of my rights? Surely I should have been given the chance to defend myself? Thanks for reading
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I have searched but couldn't find the answer so... Is it normal for a DCA who have purchased a Credit Card debt to obtain a Charging Order to secure the debt? I did a little research on the net and found a CO can only be applied for if a CCJ or other court order is in place on the debt, where I'm confused is if the DCA has purchased a £5000 debt for say 10p on the pound (£500) and can apply for a CO to secure the debt, surely this gives them a very easy way to make a lot of money!?
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Can someone explain charging orders for me please. If a DCA started a claim prior to October 2012 but it hasn't yet reached its conclusion (i.e. no judgement for or against) can they apply for a charging order or do they have to wait until the court hearing to see if they win or not.
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hope i have put this in the right place...charging orders are very frightening to many people this could be the start of some important changes.... : OFT imposes requirements on RBS/NatWest over charging Orders OFT imposes requirements on RBS and NatWest about use of charging orders 03/13 11 January 2013 The OFT has imposed requirements on Royal Bank of Scotland plc (RBS) and National Westminster Bank plc (NatWest), both members of the RBS Group, to address concerns about the way some customer debts are enforced via charging orders. A charging order is a court order that places a 'charge' on a debtor's property, turning unpaid, unsecured judgment debts into secured debts. This means that once any prior ranking charges on the property have been settled, the debt must be paid back out of the available proceeds of sale when the debtor sells the property. A bank or other creditor which has obtained a charging order can also apply to the court for an order requiring the property to be sold, but this happens only in a minority of cases. Charging orders are a legitimate way to secure and ultimately recoup unpaid debts. However, an investigation by the OFT concluded that there were problems with the way RBS and NatWest were using them. The OFT's concerns included an apparent failure by the banks to consider customers' financial circumstances and the proportionality of the approach before asking the court to put a charging order in place. For example, the OFT found evidence that the banks were not always taking account of customers' efforts to repay debts using a debt repayment plan or other method, and that many charging orders were used to secure relatively small amounts of debt, sometimes below £5,000. The requirements imposed reflect proposals made by the two banks. David Fisher, OFT Director of Consumer Credit, said: 'Lenders are entitled to use charging orders but they must do so proportionately and not to secure relatively small amounts of debt. 'Where we consider the use of charging orders to be unfair or oppressive we will take action to protect consumers.'
