Need Advice re Current DMP and new Court Judgement

juleskidd

Basically we have been paying all of our debts up on a monthly DMP that was worked out with CCCS about 2 years ago. We are just aboutsticking with this though are having difficulties with Mortgage this month. Anyway, my husband has had a works van that was hired and we had it for about 5 years. Earlier this year they refused to extend our lease and requested the van back. When they did this we fell behind with the last payment, which we are now paying back monthly. However they then walloped us with over £3000 charges for things like excess mileage, wear and tear of the van etc. We couldn't pay and my husband buried his head in the sand. They took him to couurt and he was all up for fighting it, but it was in Sheffield and he couldn't afford the time off work or to get there. To cut a long story short, we have now had a bailiff round from Sherforce. We have offered £10 per week but they have now refused this and told us to either pay up the full amount or prepare for the beiliffs to come in. I really don't know what to do now. His parents have offered to lend us £1000 to pay some up, but they gave already added on over £1000 in charges. Where do we stand? Do we have to accept that they will come and take our stuff? Or do we just give up and sell the house?

fatbelly

From National Debtline:

REMEMBER
If the bailiffs have not been into your home before to collect this debt, they have no right to come in. They cannot break in. You can choose not to let them in.

Don't open the door to them as they may try to push past you. If they get inside, they may have the right to enter again and may break in to take your goods.
Don't leave windows open or doors unlocked - bailiffs can legally get through these.

INFORMATION
Bailiffs cannot get the police to help them break in.

WARNING
Some bailiffs may leave you a phone number, and arrange to come round to 'have a chat'. Don't let them in, even if they say it's only to use the toilet or make a phone call.

Bailiffs may try to break into sheds, garages, greenhouses etc. even though this is illegal. Keep valuables safe. They may be able to take cars, motorbikes and other vehicles parked near your home.

Politely but firmly refuse to let the bailiffs in. Offer what you can afford to pay. If the bailiffs accept your offer, ask them to return to their car and go out and pay them. Make sure you get a receipt.

WARNING
Don't sign anything. If the bailiff leaves papers for you to sign and return, you do not have to do this. You don't have to sign agreements posted through your door either.

So you have a ccj which is being enforced by a warrant of exectution. The ccj was probably a 'forthwith' order. Your best tactic is probably to apply to vary it using an N245 to an instalment order. (Suspend the warrant, vary the order)

If £43 is what you can afford each month then that's the figure that goes on the form.

Info here

juleskidd

Thanks for the advice. I have found the form and started completing it. Do we tell Sherforce that we are doing this? Will they try and send bailiffs in quicker? They said in the letter yesterday that we have to ring them straight away to pay the balance or be prepared for them to visit.

fatbelly

I think you should

1.Send it to the court asap

2. Keep several copies

3. phone Sherforce to tell them what you are doing.

4. Show them a copy through your letterbox if they come around!

juleskidd

I have done the form and sent it to the court to have the warrent suspended. We paid them £35 for this and the chq has gone out of my account about 2 weeks ago. But we haven't heard back from them yet. Today we have had Sherforce on the phone saying that they are going to apply for bankruptcy. Where do we stand? I spoke to them about 3 weeks ago and they told us that they wanted £50 per week,(not very realistic). This is so worrying.

fatbelly

The court will consider your application. If the creditor disagrees with your offer there may be a hearing.

You can only move one step at a time with this and, if they are behaving unreasonably in their phone conversations, request that everything is communicated in writing and just put the phone down on them if they call.

If you receive a Statutory Demand (at this stage it's just a threat), post again.