Cant pay at all, debtor's prison next?

[diddydicky]

Sound advice I'm sure, but if I had a spare arm and a leg to pay a brief, I wouldnt be defaulting on this ridiculous loan and trawling this forum.

 

a solicitor - to frame letters to the court and get you back "in the system" wouldn't cost you an arm and a leg!!

but would give the court the impression that you were now going to do things right

 

(well, perhaps an arm - if it was a short one!!)

[steve4kendal]

I dropped a letter in at the court today. Lets see how that is received.

[steve4kendal]

.....

[the_shadow]

Why the bump?

 

You've dropped a letter into the court, you havent explained whats in the letter or how it might help your case so nobody can really comment.

 

Personally I think its too far down the process for a simple letter but hopefully I'm wrong and you'll get a sympathetic clerk opening it and passing it to an equally sympathetic judge.

 

S.

[oilyrag]

Hi Steve4kendal

 

I have just read through your thread. Diddydicky is giving you some sound advice in my humble opinion. As Shadow says you are a long way down the line and retrieving the situation as an LIP may be somewhat difficult.

 

Many of us have found ourselves in the same boat. What I can say is that a large proportion of solicitors (the really reputable ones) will give you about 30 minutes for free if you ask to see them about a fresh case. In our own case we needed to get professional advice and trawled the net to find specialists which were NOT part of a Claims Management Company.

 

I drew up some criteria to get a short list together. Searched on "Consumer Credit lawyers". Firstly if their website had any advertising for any financial institution then they were ruled out on the basis of possible conflict of interest. Then if there was anything like "call the bimbo for an immediate legal decision" then they were ruled out as well. I did get a short list together in the end and then got on the phone. Much had to be gut feeling obviously and posssibly I could have done better.

 

However, in total it has cost us less than one months payments on the several accounts we had to sort out. We are now in the "stalemate" position of "we don't pay anything --- they wont go to court". Plus we now have the bonus in writing from their head honcho that should our alleged creditor go to court then we will be defended with all vigour at no further cost to ourselves.

 

They even started the case review and disbursements straight away and gave us a bit of time to get these minimal fees together most of which were disbursements.

 

I don't want to tread on anyone's toes but that is how we managed to get professional backing and advice. The road has still not been easy or particularly pleasant but to date it has worked for us. We have given the names to others on here who have asked but it has to be a personal decision and it has not suited those people. It is much better for you to do your own research, you will be more comfortable with whatever decision you make.

 

I just hope that this helps and best of luck.

 

regards

oilyrag.

[steve4kendal]

//////////////////////////

Edited April 5, 2010 by steve4kendal

[steve4kendal]

,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,

Edited April 5, 2010 by steve4kendal

[steve4kendal]

...

[CBR600F]

#158

 

I have to agree about finding people who are willing to fight for you who are not *paid* by the credit industry.

 

I asked a few of the online debt solution companies via email a few simple question about my forthcoming CO hearing:-

 

1. Can you represent me at court?
   
2. How much is it likely to cost?
   
3. Can I get legal aide?
   
4. If you are not the right people can you point me in the right direction?
   

The simple response that I expected before having to go into personal details would have been on the line of: -

 

1. Yes.
   
2. 100 to 300 unless you are disputing anything.
   
3. No or subject to income.
   

All I got back is "can we phone to discus?" about 5 calls plus emails from the 3 companies i contacted.

 

They all failed by not simply answering the first question. What is the point of a conversation if they can't represent me.............

 

 

Now I Think about it, I hadn't set out with the above questions to deliberately weed out the incompetent but it does now occur to me that so called *experienced* advisers do not know what a charging order is!

 

Well 37 hours to go and I will be putting my arguments forward ...........

[steve4kendal]

My impression is that these companies are only interested in making money out of us poor suckers, not helping. Now, can someone answer my question about a possible defence as per post 160 please? Ps, I found default notice now. On second look, this is just an example thay have generated. They dont hold a true copy.

Edited April 5, 2010 by steve4kendal

[steve4kendal]

Looks like I'm on my own now

[Mr lex]

Hi Steve,

 

Your not on your own mate, I've flagged your thread for one of our more experienced legal minded Mods to have a look over.

 

Lex

[CBR600F]

Having just had a charging order placed on me not my wife share of the house (she paid the deposit and is currently paying the majority of the mortgage;)), I have really do believe that these banks?, should get the roughest ride possible and if there is anything that I can do for anyone else in similar situations I certainly will.

 

2 debts 20K and I am only paying £1 a month. HFC would not accept a token payment, so they took out a CO so I effectively have an interest free DMP for 16K with no repayments.

 

I will probably sell the house in 20 years or so;)

[steve4kendal]

Not looking good. Been in touch with two sols firms today and they dont want to know about "civil" cases. Looks like I'll be before the Beak on my own next Friday and my defence will be struck out if I cant get advice well before then.

[steven4064]

why didn't the PPI cover it?

 

isn't next Frdiay a bank holiday?

[steve4kendal]

Yes, I'm wrong, the strike out hearing is on April 5. This is still quite urgent. and we are away this weekend.

 

Please see post no 85 re my PPI.

 

I now need urgent help to put right the bother I seem to have got into by following advice given in post no 107, well intentioned though it was.

[steve4kendal]

Yes, I'm wrong, the strike out hearing is on April 5. This is still quite urgent. and we are away this weekend.

 

Please see post no 85 re my PPI.

 

I now need urgent help to put right the bother I seem to have got into by following advice given in post no 107, well intentioned though it was.

 

Clocks ticking faster and everyones asleep here.

[oilyrag]

No one is asleep on here S4K!!. You have to realise that your comments are very disingenuous to say the least. Yes you do have troubles as do we all in general but we are NOT a free personal legal service for yourself.

 

1. You have made a statements above as to when this "hearing" is about to take place. Firstly it was Good Friday, now it is Easter Monday both Bank Holidays and the courts do not sit in civil cases. So when is this case actually to be heard and on what court list?

 

2. You make general remarks about two solicitors who don't deal with "civil"cases. There is only one other type of case and that is criminal. Most practices could not survive on the money paid for criminal cases. Hence it is my opinion that you have not conducted a serious search for professional help which runs contrary to the good advice given by several on here.

 

3. You have had some exceptional help and advice from several of the most knowledgable people on this forum who have studied this problem for a very long time, for example MandM, diddydicky and the Shadow. On re-reading your thread following your latest post which arrived in my e-mail inbox, I find that you have failed conspicuously to respond adequately to any of the requests for definitive information to enable these people to help you.

 

Please note that this is a voluntary self help forum, few of us are legally qualified and give of our time and experiences freely to help resolve our own and others problems. If you think this post is a harsh commentary on you then think what you will be facing now in a court of law with professional opposition!

 

I will re iterate what I said previously and which echoes others serious advice to you, your are in a mess as an LIP and you need to get proper help to ensure that the court will accept you as being serious and trying to do things properly. I hope that this is picked up by the others who have tried to help to see if they will return to your case to try and salvage something if you refuse as you have so far the previous advice. If you continue in the vein you have expressed here in your last post they have every right to ignore my plea on your behalf.

 

You should be made to realise that this forum is NOT the panacea to all of your debt problems, MOST OF THE WORK AND RESEARCH WILL HAVE TO BE DONE BY YOU with help and outline guidance from here.

 

WE ARE NOT A FREE PROFESSIONAL LEGAL PRACTICE TO WHOM YOU APPORTION BLAME, AS SOMEONE ELSE HAS SAID WE ARE INDIVIDUALS UNKNOWN TO EACH OTHER WHO ARE BOUND BY COMMON PURPOSE. PLEASE ACCEPT THE SPIRIT OF THIS IN YOUR QUEST FOR HELP WHICH YOU NEED IN ABUNDANCE.

 

regards

oilyrag.

[steve4kendal]

Ok, sorry but I'm panicking a bit now because we are going away till Next Tuesday. The date is April 7 sorry. I have E-mailed several sols with brief details and only one replied that they dont do civil. Right now I need help please with how to handle that strike out hearing.

[oilyrag]

Hi S4K

 

Firstly you being away this weekedn is not going to help with the time pressing. I would not presume to offer advice in this case. I will try to flag up yopur case to the site team to see if anyone will come along to help. My only thoughts on this really if you don't have all of the paperwork from the opposition is perhaps to try and get togther an "embarrassed" defence with a view to getting an adjournment some way so that you can prepare yourself properly but I could not be certain how to do this.

 

regards.

oilyrag.

[oilyrag]

Hi S4K

 

As no one has been along immediately I will try to get you moving along one avenue as you have indicated that you have tried to get professional help.

 

1. put consumer credit lawyers and then consumer credit solicitors into your search engine e.g. google or yahoo.

2. start by looking down the lists and at the websites. (many can be ruled out as banker babes)

3. we ruled out anyone that had adverts for any form of financial institution within their site. (potential conflict of interest)

4.we ruled out anyone that had a call centre approach like "call the bimbo for an immediate legal opinion" or "take the 30 second test to see if you qualify" (it just is not that easy)

5. we ruled out anyone that quoted up front fees. (claims management company tactics)

6. Look at the site presentation and ask is this a serious law firm or is it a marketing exercise. The law is very conservative in its approach particularly the good ones.

7. Who is within 90 minutes drive of my own location (but don't rule out any one that is felt to be OK on this basis alone)

7. From this draw up a short list of practices that you feel are up to the mark and might suit your particular needs.

 

Much is gut feeling and what suits us may not suit you.

 

At this point GET ON THE PHONE do not rely on impersonal e-mail and talk sensibly to someone. Law firms generally are not ogres they need business just like anyone else. You will get a feel for their committment by talking to them. Our solicitor and her legal assistant reviewed our cases over one weekend even before any money had changed hands or formal instructions placed with them. So it can be done!

 

You can also do the legwork yourself and just employ a barrister there are many now on the direct public access scheme plus there are pro bono barristers that can help BUT in these cases whilst working under his/her direction YOU will have to do all of the legwork yourself including probably writing all of the letters yourself under his/her directions. Take a good look at the Bar Association website any that you feel are of use to you then SPEAK to the chief clerk at their chambers.

 

Hope that this opens up one avenue for you. Someone else will be along I am sure with legal argument for you to sift through and use yourself if that is the way you intend to go.

 

regards

oilyrag.

[the_shadow]

Steve,

 

 

If you can get hold of a solicitor today (GET ON THAT PHONE AND RINGROUND!) then subject to their instructions you could put in for a adjournment of the hearing and throw yourself on the mercy of the court in that you now have professional representation and need a little time to respond to the summary judgment.

 

As to the default notice, it might be worth scanning and posting up, sometimes creditors get it wrong and dont conform to the required days to rectify in which case they should have no cause of action.

 

ONLY YOU can turn this around, nobody can wave a magic wand... as to your question on defence, I think you will need to put something together for the hearing to show the judge and other side, this must be disclosed to the other side prior to the hearing.

 

S.

Edited March 28, 2010 by the_shadow

[citizenB]

steve, unless we have information we are unable to assist.

 

For one reason or another you have been unable to provide us with the Particulars of Claim eg what exactly it says on the form you received from the court. Did you not photocopy the paperwork prior to returning it to the court ?

 

Did you receive Default Notice, Final Demand or termination notice ? If you have then we need to see copies of them, remove personal details and post them up.

 

If you have the hearing on the 7th April, then you have left yourself with very little time to counter this Summary Judgement. You will need to have responded 7 days prior to the hearing if it is your intention to do so.

[diddydicky]

steve, we have exchanged a few PM's and i am not sure who else you may have PM'd but you must realise that suspicions will be aroused at your failure to post up ANYTHING that supports your case..............the danger being that caggers are all too aware that unscrupulous people might seek to find out who individuals are on the site by feeding them with false information in order to get them to give personal information.

 

You really do need to post something up for us to work with- not least due to the time running out

[avatari]

DD, I'd hazard a guess that he is totally genuine (but just maybe, I'm working in tandem with him to support the backstory...) - it's just that he isn't very good at helping himself (and Steve, you really need to re-examine your approach to asking for help from people who don't get paid to help you...).

 

I've exchanged a couple of PMs with Steve and I can't say that there was anything there that rang alarm bells.

 

Let's hope that he gets back from wherever, remembers what date his hearing really is on (I think the error was either genuine mistake or more about creating a greater sense of urgency for a quicker response than a nefarious misrepresentation), and he can sort this out.

 

Some really great advice above...post up the actual details requested countless times and reiterated by Citizen B (or at least answer the questions about where they are) and make an effort to contact a solicitor. Come on Steve, there's still time to rescue this but it can't wait 'til Tuesday!