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  • nowinfromworking
    Warrant of Arrest for non payment of fines.
    Hello I wonder if you can help.

    I had several court fines for non payments of fines and council tax. however could not afford to pay them, and i do mean could not, i earn minimum wage and live alone. they would not accept a small reasonable payment.

    i spend ages arguing with them, gave them an itemised list of my in comings and out goings, but they still would not budge, i the end i had no other option but to ignore it, i couldn't pay, they weren't going to negotiate.

    today i received a calling card from a magistrates court warrant officer stating that there is an warrant for my arrest as i did not pay, they are again asking for full payment of 790.

    they said they are open from 8-4 i rang from 3 30 onwards but no answer, i work the same hours so am unlikely to be able to contact them tomorrow.

    what does this mean, and how can i get them to accept a reasonable payment plan?

    i have no issue paying them, but it needs to be reasonable.

    i have applied for help with c.tax and rent but as i work 40 hours they simply wont help me.

    If someone could help itd be great, I'm stressing out.
    thank you
  • CAB Swansea Bay representative
    Hi Pippin12, thank you for your query regarding DROs
    Firstly I would say that a Debt Relief Order is a specialist area of insolvency law and cannot be completed without the help of an Approved Intermediary who is usually a specialist debt adviser. You can find your local Citizens Advice Bureau at www.citizensadvice.org.uk. Regarding your budget, Disability Living Allowance can be used for expenditure for care costs and therefore disregarded but not usually a disability premium but I would really urge you to seek advice from a specialist debt adviser and discuss your budget with them.

    Regarding the assets issue, essential household items such as a cooker, microwave or fridge would not be regarding as an asset and other items can have a value of up to £300 as a second hand value so unless you have a brand new or top of the range laptop and TV it will be unlikely to effect your eligibility for a DRO. To prepare for your debt appointment I would suggest you complete a detailed budget, all your creditor paperwork including original credit agreements if you have it, a credit report and medical evidence-again if you have it. It it worth noting that other options may be available including possibly asking for write off of your debt on medical grounds and all this will be discussed with you at a debt appointment.
    Hope this is of assistance.
    ďOfficial CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe Iíve broken any rules please report my post to forumteam@moneysavingexpert.com as usual"
  • CAB Swansea Bay representative
    Hi nowinfromworking, thank you for your query regarding warrant for arrest.
    Unfortunately at this stage it is very unlikely you can stop the arrest warrant as you have admitted you have ignored the debt and have not made any payments. A magistrates court fine has to be the top priority in your expenditure as if you do not pay you can loose your liberty. I would suggest you contact a specialist debt adviser as a matter of urgency. You can find your local Citizens Advice Bureau at www.citizensadvice.org.uk. You could also consider asking the court to set up an attachment of earnings
    from your wages that would be deducted at a set rate -probably around £25 per week in your circumstances.
    Hope this is of assistance.
    ďOfficial CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe Iíve broken any rules please report my post to forumteam@moneysavingexpert.com as usual"
    • Pippin12
    • By Pippin12 20th Aug 12, 7:35 PM
    • 507 Posts
    • 1,487 Thanks
    Pippin12
    Hi Pippin12, thank you for your query regarding DROs
    Firstly I would say that a Debt Relief Order is a specialist area of insolvency law and cannot be completed without the help of an Approved Intermediary who is usually a specialist debt adviser. You can find your local Citizens Advice Bureau at www.citizensadvice.org.uk. Regarding your budget, Disability Living Allowance can be used for expenditure for care costs and therefore disregarded but not usually a disability premium but I would really urge you to seek advice from a specialist debt adviser and discuss your budget with them.

    Regarding the assets issue, essential household items such as a cooker, microwave or fridge would not be regarding as an asset and other items can have a value of up to £300 as a second hand value so unless you have a brand new or top of the range laptop and TV it will be unlikely to effect your eligibility for a DRO. To prepare for your debt appointment I would suggest you complete a detailed budget, all your creditor paperwork including original credit agreements if you have it, a credit report and medical evidence-again if you have it. It it worth noting that other options may be available including possibly asking for write off of your debt on medical grounds and all this will be discussed with you at a debt appointment.
    Hope this is of assistance.
    Originally posted by CAB Swansea Bay representative
    Thankyou so much, I'll make an appointment with my local CAB to discuss it further.
  • garymcl
    Personal Guarantee
    Hi, I recently lost my construction business which was liquidated in May.

    It's been a tough year to say the least.

    Out of all my creditors, 3 of them are pursuing me for personal guarantees. Their defence is strengthened by the fact that when we applied for a credit account with them, I as managing director had to sign the account application.

    Following the liquidation of my company, they have approached me via solicitors stating that within the dreaded small print of the application form, it stated that should the company be liquidated, I as MD would become personally liable for the debt.

    To date one company has successfully got a court to approve their claim and subsequently I am now trying to repay that one.

    There is another that I only hope I may have a slight get out. At the time of liquidation, the account application form I signed requested an opening credit balance of £3000.

    At time of liquidation they had let us over trade to the balance of £8000.

    They are pursuing me personally for the full 8k but I have been defiant against a lot of pressure from their solicitor and remained firm by offering 3k only which is what the account application was requested for.

    They are stating that as my buyer requested more supplies that took us over our 3k limit then I am liable. My defence is my buyer is not or was not the MD of the company and as I never requested the additional supplies then they cannot hold me liable for anything over the agreed account limit of 3k.

    They are piling the pressure on and even though I was MD of a sizeable construction company, I didn't walk away cash rich on a personal basis. I haven't had a wage since January and even took out a personal loan to help the company cash flow which I now have to repay.

    I can pay the 3k and have offered this in writing on numerous occasions but only if the supplier accepts it as full and final settlement. They have a few weeks ago offered a reduced settlement of 6k from 8k but I do not see why I should agree to this.

    They've been bullying me with threatening letters of debt collectors coming to my house so I sent a response 3 weeks ago telling them that I won't be threatened by their bully tactics and that I'd take my chances in court should they pursue this as an option. I haven't had a response yet which is starting to worry me.

    I'd be grateful for some independent advice please as to whether or not I may have a case for not paying over 3k and also whether or not they can send debt collectors without going through the courts first?

    Many thanks

    Gary
  • CAB Swansea Bay representative
    Hi garymcl, thank you for your query regarding personal guarantees.
    Unfortunately we are unable to assist with queries relating to business debts from a limited company. I would suggest however that you contact business debtline for free, impartial telephone advice. You can find information on their website which is www.bdl.org.uk or phone on 0800 1976026. Hope this is of assistance.
    ďOfficial CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe Iíve broken any rules please report my post to forumteam@moneysavingexpert.com as usual"
  • chunkey_monkee
    I need advice with credit card disputes
    I have 4 credit cards, 3 of them (Barclaycard, MBNA and Nationwide) are on 0% balance transfers and run out between August 2012 and October 2012. The 4th card is a Co Op visa card that I use as an emergency back up. I also bank with the Co Op as well.
    I have had no missed payments with these credit cards and I usually pay more than the minimum per month.
    In April this year I noticed the Barclaycard statement had not arrived so I rang them up to find out when the payment is due. Barclaycard told me I had missed the payment date by 2 days and so I would receive a late charge. I apologised and explained that I had not received the statement and knew that the payment was due on or around the time I rang them.

    At this point I must make it clear that I have complained to the Royal Mail in the past about post not being delivered and the Royal Mail have acknowledged this.

    I paid the late payment over the phone there and then and paid the following month's pay as well. Total was around £350. I asked if Barclaycard would put a mark on my personal credit file and they said no. The following month after I had remortgaged and with the spare cash I paid off around £5300 off my Barclaycard. I also paid £1580 off my MBNA card and around £4600 off my Co Op card.
    I checked my credit file and Barclaycard did put a late payment on my file for a missed payment in April.
    I complained to Barclaycard about the missed payment showing on my file and they looked into it but said they would not take it off my file even though, a) it was a genuine error that I admit to, b) I paid 2 months payments as a gesture of goodwill, c) their operator said it would not appear on my file, d) I paid over £5300 for June's payment. Barclaycard even admitted I had been a good customer and said if I need take it any further I should complain to the Financial Ombudsman Service.
    It wasn't long after this that I received 2 letters, one from MBNA and one from the Co Op. The one from MBNA said it was upping my APR from 16.9% APR to 25.9% APR for no reason. The letter from the Co Op said that they would NOT be reneweing my Visa credit card which expires in August 2012 even though, a) I have NEVER been late paying them, b) I bank with the CO Op and so they have access to my bank account, c) I had just paid them over £4600 to CLEAR my account so I can start using it again for the odd purchase or two and emergencies.
    In numerous calls to the Co Op they said they just needed my employer's name and address as is usual when renewing a card and that the letter was sent because they did not have my details. I gave them my details and they said the card will be sent out with no changes to the credit limit or APR.
    Today I rang the Co Op to find out where my card was as it runs out in 2 days and they said they will now NOT be renewing my card due to my credit file which, suprise suprise all comes back down to the Barclaycard issue.
    I asked the Co OP if they can then refund me the £4600 and I'll just pay them monthly at the agreed APR as without a credit card to fall back on I will need this money.
    They gave me an address to write to ask for the refund.

    Where do I stand regarding the Barclaycard issue ? Can get the late payment taken off the credit flie as there were mitigating circumstances ?

    If I had known that the Co Op were not going to reissue my card then I certainly would not have paid off my account with them to the tune of £4600. Am I within my rights to ask for the £4600 back and pay them monthly on their standard APR ?

    I did not pay off the Co Op card until early July. Would they have known before then that they were not going to reissue ?

    Please advise me onmy rights and what I can do to a) get my late payment taken off, b) reclaim the £4600 I paid to the Co Op as if I had known the card was not going to be reissued I certainly would not have paid that huge amount.

    Many thanks.
  • CAB Swansea Bay representative
    Hi Chunkey Monkey, thank you for your query regarding credit card disputes
    Your first question about the late payment on your credit file- I would suggest you make a complaint to the Financial Ombusdmans Service as you remedied the breach as soon as you discovered it and they said would not effect your credit file and clearly it has. I would also suggest you explain that as a result you 0% credit card has been withdrawn and interest rate on another credit card has increased so you have had a financial loss as a result. You can find out more information about complaining to the Financial Ombusdman Service at www.adviceguide.org.uk.
    Regarding the second issue about getting the lump sum you paid off the credit card back. Whilst there is nothing preventing you from asking for the refund I think it is highly unlikely they will agree to this as it was money they lent to you and it is likely that they have a clause in the credit card agreement which says they can review the account and withdraw at any time. I would suggest that if you get the late payment note taken off your credit file you could re-apply to Co-op or to another credit card company with a similar deal.
    Hope this is of assistance.
    ďOfficial CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe Iíve broken any rules please report my post to forumteam@moneysavingexpert.com as usual"
  • chunkey_monkee
    Hi, many thanks for the prompt reply. I shall contact the Financial Ombudsman Service today.
    Chunkey.
    • Rudess
    • By Rudess 3rd Sep 12, 8:36 PM
    • 144 Posts
    • 76 Thanks
    Rudess
    Hi

    I'm a customer of one of the big mobile companies in the country. Few months ago my mobile was stolen unfortunately and I had to go and get replacement for which I paid as I was asked.

    Two months ago I was astonished to find out that £200 disappeared from my bank account because that company decided that 'Phone was found' and 'I didn't return it', therefore have to pay this astonishing amount of money.

    I recovered the money by calling my bank but the company started sending threatening letters and even a threatening phone call from their 'debt collection' department. I made many calls to their customer services, they never phoned me back although promised on many occassions. They are not willing to remove this charge, although I explained them there is no sense in what they are doing, and I'm really desperate and don't know now what to do.

    I was never advised that in theory if a mobile is found, that I should return it to them (logically I paid in addition to the monthly contract another sum of money for a replacement). Secondly, if I had the phone as they claimed, why wouldn't I return it? Their story doesn't make any sense, it's just another case of a cowboy company using its power over a poor citizen.

    I would really appreciate your help with this matter.
  • CAB Swansea Bay representative
    Hi Rudess, thank you for your query regarding mobile phone contract.
    I am not sure from your post if you have found the lost phone or not but if you have not I would suggest you write to the company stating you dispute the debt and starting the reason why and asking them to respond in writing within a set timeframe (21 or 28 days) and ask them to hold any collection activity until they respond. I would suggest you send the letter by recorded delivery and keep a copy and if they do not respond or you are unhappy with the response I would suggest you complain to the Ombudsman Service- Communications. You can find more information at www.adviceguide.org.uk.
    Hope this is of assistance.
    ďOfficial CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe Iíve broken any rules please report my post to forumteam@moneysavingexpert.com as usual"
  • Kermit84
    Hi can anyone help me please.
    I have recieved a letter from 'Inter-Credit International Ltd' stateing that the DVLA are preparing a claim against me and I must pay £80 or I'll be taken to court. I have received no communication from the DVLA about this. Also the company state to be part of the Credit Services Association but when I searched for them on the CSA website I could not find them.
    I have no idea why the DVLA are apparently doing this and I'm unsure if it's true. I've emailed the DVLA and am waiting to hear back. Has anyone else had these letters?
  • essexgirlSE
    Hi,

    After my best friend and neighbour died, I stupidly let my new neighbour run up a big bill on my Kays account (on my account, not under a separate account number sadly) and now she will only pay a small fraction of what she is supposed to pay each month. I made Kays aware of this and they put me on an arrangement where I pay a certain amount monthly. I am therefore not allowed to order anything until next February.

    Meanwhile the new neighbour messes me about and gives me either nothing, £20 or £40 a month. The arrangement is that I pay £225 so I have to find the rest. And I only work part time for health reasons (in a hospital). The arrangement payments have pretty much paid for everything of mine on the account so now I am paying for her stuff.

    When the arrangement ends, I dread to think what they will be charging me and still I battle to get any money off of her.

    I have told Kays (now Kanco) all of this and begged them to give her a separate account number and pursue the debt themselves - she even said to me that if she was dealing with them then she WOULD pay!!! She tells me that they did send her a letter trying to sell her insurance with her own account number (though I can't get it off of her because she isn't talking to me since I insisted on getting some money this month). I sent them all the details of what purchases she had and when and how much she had paid. They said it was my debt. I left it a few months and tried again last week. I got this reply:

    "Thank you for your email about your account.

    Unfortunately, due to changes in legislation in January 2008, customers can no longer obtain credit through another persons account.

    Everyone shopping with a home shopping company on credit terms, have to have their own credit check carried out and be subject to their own credit limit. We have to adhere to this guidelines as a responsible lender.

    Previously, we arranged for our larger accounts to be transferred to agencies where the customer had their own statements, but still run through an agent. We are no longer able to offer this service.

    More information regarding these changes can be found under the Consumer Credit Act 2006."

    But when my last customer died, they let me off what she owed and didn't tell me I couldn't order for someone else on my account - and she died in March 2010!!!

    Where do I stand? Is there any way I can make them take management of this debt themselves? This whole thing has wrecked my credit rating and more importantly, is making me ill.

    thanks

    CP

    Next morning: they just sent me this.

    "Thanks for your email about purchases made on your account.
    I'm sorry, as previously advised I'm unable to remove the value of the items as you are legally responsible for all purchases made on the account.
    The following clause in our T & C's, displayed on our web site and in our catalogue, applies in this instance:
    Payment Liability:
    Please note, unless you are registered with us as an agent, you are responsible for all purchases made on your account and are personally liable for the full outstanding balance.

    I trust this clarifies the matter for you."


    Now what do I do?

    Oh and just sent them this:

    "In that case please look at significantly reducing my payments indefinitely until it is all paid off. I can force £40 out of her a month. I cannot afford to keep paying £225 a month, let alone for things that are not mine. If I lose my house and job through stress then I won't be able to pay you at all. Please review the payment plan as soon as possible.

    I am seeking legal advice about whether you can treat me like this.

    I believe that you are being unreasonable. You did not make me aware that I should not have customers and take out credit in their names. You were aware that I do this as I have had items sent to her house and signed for. At no point did you stop me when I said the word customer and say 'You should be aware that you may not take out credit on somebody else's behalf'. My customer wants you to remove the items from my account and create one for her and has said that she will pay you if you do this. You are being unreasonable and unfair. Please review this"
    Last edited by essexgirlSE; 06-09-2012 at 11:45 AM. Reason: update
  • stikiuk
    Hi, i am looking for a bit of advice regarding a CAB representative. We have a ran into problems paying our credit cards, I am disabled and have been in and out of hospital for the past 3 months. My husband is a self employed cab driver but has had to look after myself and our children which has ment him hardly working any hours at all. Basically all we have had in the way of income is my DLA lower rate care and high rate mobility and our tax credits. He went to see our locl CAB to see if they could help us out with our creditors, and came across the most obnoxious rude woman ever. He left her with a income and expebnditure form also the most up to date letter from each credit card company that we owe money to. We have just recieved an extremely abrupt and snotty phone call from her stating that if we dont get 3 months worth of bank statements, proof of housing and council benefit, tax credits, 3 months worth of the credit card statements and my husbands tax returns to her this afternoon she refuses to help us and will be closing the case !!
    My question is can we ask for another representative to deal with our case as my husband is now refusing to deal with her after the way she spoke to him? He said she made him feel like a criminal! Also does she really need all this information or is she just being awkward?
    Thanks Stiki

  • CAB Swansea Bay representative
    Hi kermit84, thank you for your query regarding Inter credit international
    I would suggest that you phone the DVLA to find out what the debt is for. The DVLA can issue penalty charge notices for several offences such as failing to register the sale of a vehicle, failing to insure or MOT a vehicle or failing to update your address on your driving licence so it could be this or it could be a fishing excercise by a debt collection agency trying to trace someone with the same name as you.
    Hope this is of assistance.
    ďOfficial CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe Iíve broken any rules please report my post to forumteam@moneysavingexpert.com as usual"
  • CAB Swansea Bay representative
    Hi essexgirlSE, thank you for your query regarding Kays.
    Unfortunately if this is a personal account not an agency account then you are responsible for the whole amount but if you cannot afford the repayments then I would suggest you complete a income and expenditure and send it to the catalogue company with an offer of repayment. You can find template offer letters and information on making offers to creditors at www.adviceguide.org.uk.
    If your friend/neighbour does not pay you then you could consider taking them to court for the outstanding balance as they do owe you the money (they just don't owe the catalogue the money) and you can find information on starting court action at www.adviceguide.org.uk.
    Hope this is of assistance
    ďOfficial CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe Iíve broken any rules please report my post to forumteam@moneysavingexpert.com as usual"
  • CAB Swansea Bay representative
    Hi stikiuk, thank you for your query regarding debt advice.
    Firstly I would suggest the best thing you could do is to get the assistance of a specialist debt adviser who can discuss all options for dealing with your debts including possibly assisting with bankruptcy or a Debt Relief Order or asking for write offs of your debts on medical grounds or negotiating with your creditors. Some debt advisers working within Citizens Advice Bureaux work under funding such as Legal Help which requires detailed proof of income in order to assess eligibility for help under the scheme before any assistance is given. All debt advisers are required to have some evidence of income on a file as creditors trust offers made by CAB advisers are based on correct income figures. This does often mean that a lot of information is required prior to an appointment which can be frustrating but is necessary. If, however, your husband found the adviser to be rude then he should make a complaint and you can find details of how to do so on www.citizensadvice.org.uk or contact the Bureau and ask them to log a complaint over the telephone or send you their complaints procedure and a form. All CABs have different policies on whether they allow you to change advisers part way through a case so I could not advise you on this. There are other sources of debt advice including National Debtline (www.nationaldebtline.org.uk) who offer telephone only debt advice which is free and confidential or you may be able to find a solicitor or law centre in your area offering debt advice under the Legal Help scheme, although you will have to provide evidence of income for this also.
    Hope this is of assistance.
    ďOfficial CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe Iíve broken any rules please report my post to forumteam@moneysavingexpert.com as usual"
  • stikiuk
    Many thanks for the promp reply. Its not a problem getting all the information she had asked for it was just the short space of time she gave us. He is deffo going to log a complaint about her.
    Stiki

  • cadgaboo
    Hi, can someone advise please,
    I have received a letter today from MKDP LLP who it states have taken over from a company called shop direct Finance company, who I have never heard of! saying that as of 4th Oct 2010 I have an outstanding balance of £5.
    Anyone got any suggestions as to what I do? like I said I haven't a clue who these people are let alone bought anything!
    • McClane54
    • By McClane54 10th Sep 12, 6:37 PM
    • 221 Posts
    • 56 Thanks
    McClane54
    Hi CAB

    Can you please help me, Im in Cardiff and would like to go speak to someone about a debt issue, Could you point me in the right direction? All searches are coming up nothing and no answers to calls or emails
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