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My ugly credit-obtaining indiscrepancies.

135

Comments

  • Thanks guys.

    I`m starting to calm down a little again, although I feel mentally and physically drained with all of this.

    I`ll sit tight for now and won`t make any major decisions re my pending BR until I hear from the solicitor. What I will do for now is what you suggest tommo20.......tomorrow I will send recorded letters to all my creditors with the simple explanation you suggested.

    I do genuinely suffer from depression and anxiety, but am not on any meds at this time.......will make appointment for doc in morning......I need to go back on an antidepressant and perhaps also a beta blocker to help me cope with what lies ahead.

    I will do all in my power to ensure that my BR can go ahead, provided there is no huge penalty for myself. Yes, I have made mistakes, but......trust me........I have suffered enough already with all of this.

    I have used the links at the top of this site tonight......looked at what applies in Scotland and, as far as I can determine......it looks likely that the greatest penalty that would be imposed on me for my foolishness would be a BRU........looks like I could be subject to a report by the Accountant in Bankruptcy, which is likely to result in my getting a BRU, which I can handle and which I think may be fair in my case. I guess the solicitor will better advise me.

    Please could someone help me with one other matter?
    I am getting on top of my priority debts at this time, but I am concerned about one of those......it`s a bill for unpaid council tax at a previous address.......£400.......don`t know if I should try to give them some sort of payment pre-BR to prevent a CCJ (it`s only tonight on here that I`ve finally understood what a CCJ is). I made an arrangement over the phone to start paying them last month, but didn`t honour the arrangement as I realised I had made an unsustainable arrangement considering I have so many creditors. The history of this c tax bill is that they sent me a letter in Sept., stating that a summary warrant was granted in Sheriff Court for payment of outstanding c tax. I got a letter from them today (account is with buchananclark and Wells).......today`s letter from them says that authority has now been granted to proceed with a Personal Visitation by a Debt Investigation Officer (sheriff officer??? :eek: ) at my home.......can they do this? and........do I have to let them in?? Should I pay a few pounds at their office til I see if I can go ahead with BR??? Am afraid to ignore this.

    Sorry for long post. Thanks.

    FP
  • tommo20
    tommo20 Posts: 85 Forumite
    Thanks for the thanks. It's always nice when you get a thankyou.
    You are sounding more positive.
    Try this link I think you will find the information you are looking for:

    http://scotland.shelter.org.uk/getadvice/advice_topics/paying_for_a_home/paying_council_tax/council_tax_arrears

    Cheers
    :beer:Officially B.R 08.09.08 :beer:
  • tommo20
    tommo20 Posts: 85 Forumite
    Deleted............errors
    :beer:Officially B.R 08.09.08 :beer:
  • fiveyearplan
    fiveyearplan Posts: 10,145 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Hi FP, council tax is one creditor who can seize goods although I think they have to get a CCJ first (not sure about Scotland). It can also go in your bankruptcy provided they have sent you a statutory demand. I would want to get some advice on this but in the meantime, don't let anyone in - in fact don't even open the door to them!!

    :j :j


  • tommo20
    tommo20 Posts: 85 Forumite
    FP,

    If they do have a Summary warrant for non payment from the Sheriff court then that is the equivalent/similar to a Liability Order in England & Wales which ultimately gives them the power to seize goods.
    I am assuming that a sheriff officer is the same sort of thing as a bailiff. In England & wales a Bailiff has no power of entry and can only enter your property peaceably (If invited).
    Council tax arrears are not usually dealt with by way of CCJ as what I have described above has adequate powers.
    As FYP has stated you don't need to let anyone in until you are absolutely sure of who they are and are aware of your rights but if they have the sheriff warrant you will have to deal with them at some stage.

    http://scotland.shelter.org.uk/getad...il_tax_arrears
    :beer:Officially B.R 08.09.08 :beer:
  • FP, forget trying the bus, they cant be relied on to be on time

    I favour a rope off a M25 bridge at rush hour, if only to have me liable for the 50 mile/10,000 vehicle traffic jam, then get talked down later...
  • Thanks for the link, tommo20 and thanks to you too fiveyearplan.......I am not sure if they can seize my household goods without having obtained a CCJ, but!!!!!........am not letting any of them in!!!!!!

    Am going to phone buchananclark and wells right now and offer them £20 per mnth towards £400 balance until I can go BR.......I previously agreed £40 per mnth so didn`t honour that agreement. Think £20 per mnth.about right for now to keep them off my back?? I previously found them very insistent on phone, but now I shall have to insist what I can afford. (£20 per mnth will be a struggle, but should be BR within a couple of months.........

    maxmycardagain........thanks for the laugh. All is not lost after all.......I can still laugh a little.

    FP

    Am holding off phoning `til I see if anyone thinks I should offer £20 per mnth in interim, or if you think this too much??)
  • Heck.....I`m not much good at any of this.

    Made the call to buchananclark and wells. The operator got me all in a kerfuffle over my budget to such an extent that she insisted they still wanted it paid off at rate of £40 per mnth. Not to worry.......got a couple of weeks yet before I have to make my 1st payment, so, hopefully I`ll only have to pay this £40 for a couple of months pre BR. Am happy (enough :confused: ) with this outcome.......at least I`ve managed to put a halt to sheriff officers coming to my door. Phewwwwww!!!!

    FP
  • Hi FP, you are getting there, things are happening, and you are even dealing with buchananclark. With a bit of luck you will be BR before this council thing goes much further, and that should be the end of it.

    Really glad you can still laugh.

    Don't answer the door - I still don't, unless I know someone is coming. I didn't used to answer the phone either until I got the number changed. There is no law that says you have to answer either. I reason that if its something vital, like the police, I will hear the walkie talkie up the driveway.

    So very glad you are getting to grips with these things, congratulations, and keep posting xxxx
    Bankrupt 11th June 2008
    Automatic Discharge 11th June 2009
  • tommo20
    tommo20 Posts: 85 Forumite
    FP,
    Just a thought.
    Are you absolutely sure that this BCW mob are instructed by the court?
    I know you have had letters about Summary warrants etc but I have read some interesting posts about this outfit (sorry can't give you a link but if you google buchananclark wells it'll come up) Like I keep saying...boring I know but make absolutely sure of your position before you agree to anything....... A DCA on behalf of the NatwestBank insisted I could afford £140.00 a month the day after CCCS had advised me to go BR. They always take liberties on the phone they seem to be far less enthusiastic to put it into writing and if they do have a warrant then they don't need to threaten you as they have the court behind them.
    Shame.... you could've put that extra 20 quid towards a plane ticket!!!!
    :beer:Officially B.R 08.09.08 :beer:
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