capquest and debt, help please!

*Twinkle*

hi all, i've been a lurker for a while and have finally decided to post. i hope this is in the right section,
first of all i just want to say i am totally [EMAIL="!!!!"]!!!![/EMAIL] with money, always have been, hence my situation today. i know it's my own faultand am not looking to point blame.
i was hoping if anyone would have any thoughts on what to do.
i am a single mother of two, not in work at the moment, receiving benefits, i live in a private rented house on which i have to top up the rent each week as it's more than what i receive from the HB, i have no assests/savings/car, nothing of any value. my money goes toward my rent and bills and making sure my children are fed and clothed, some weeks i am literally left with nothing, but hey ho!
i was made bankrupt in 1999 due to barclays offering me loans and a credit card which to me where like dangling a carrot, and i couldn't afford to repay.
since the bankruptcy ended i have yet again got into a pickle, not by thousands, i honestly don't know how much but i would say no more than £1500,
i have loans with provident but the main debt being capquest, who bought the debt off a catalogue company, i moved house, they took over a year to find me and now are really doing my head in, i get calls all day from them, most of the time silent, when there is someone there they tend to be very abrupt, i wrote to them, explaining the situation i am in and i had every penny accounted for and until my youngest starts school and i look for work then i can't see that changing, they sent me a demand for bankruptcy and i told them to go ahead, i can never see me applying for a mortgage and my credit rating is terrible anyway so it can't harm that can it?
they then said they would send bailiffs round and remove items from my house, can they do this? my son has a very generous granny and she spoils him rotten with games and such, could they take them? i personally don't think i have anything worth taking but it still worries me at the thought of the bailiffs turning up at my door????
anyone have any thoughts?
thanks in advance x

DON79

Hi *Twinkle*

first thing to do is get some advice from the debt charities - national debtline, cccs or cab and then maybe change your telephone number so that you can get some peace from the calls etc while you try sorting things out. You do not have to discuss this on the telephone, you are within your rights to request contact by letter only.

The threat of bailiffs is just that - a threat - if they wanted to appoint a bailiff they would have to follow this procedure.

They would send you written notificiation that the matter was being taken to court. You would be required to provide a statement of affairs to the court to demonstrate the amount you can pay each month. The court would agree the payment and make a ccj (county court judgement) against you. Then and only then, if you failed to meet with the payment as agreed, it would be returned to court and a bailiff would be appointed to deal with the matter.

Let me set your mind at ease - The Bailiff CANNOT take anything which belongs to a child neither can they take any essential items for day to day living like a washing machine etc.

If any Bailiffs do turn up - do not open the door and let them in - once they are in, they can come in again whenever they want to. Make sure that you do not leave any windows or doors open at any time when you are out.

Hope this helps a little.

Donna

*Twinkle*

thanks donna
been told today bailiffs only turn up on default of a court judgement and i've not had that yet,
i'm not saying i wont pay, it's just atm i can't...
thanks again x

tmcd01

Hi,

Think your wrong about items belonging to a child.
For my sins i was a bailiff that recovered court fines, and one of the first items (after cars) that we used to target was childrens items, TV's playstations, x box's etc. This was primarily because parents are happy to lose thier items but not those of the kids. Your right about essential items, but kids computers etc were items classed as non essential. But the ultimate protection is as Don says dont let them in!

RAS

twinkle come over to DFW and do an SOA.

We may be able to help you.

Also we can suggest charges reclaims, credit unions, other ways of raising small bits of "money" that do not affect your benefits.

And telephone letters to stop creditors and CCA letters to see if catalogue debts are enforceable.

DON79

Because the above list is so vague, and not very specific, we have reviewed over 75 contracts between local authorities and their relevant bailiff companies to see what items are listed by the majority of councils as being exempt. These items are as follows:

• Goods of minimal or no resale value
• Food items, cooking utensils
• Items that would leave family unable to prepare a hot meal.
• Heating appliances
• Children’s items, toys, prams (but computers and bikes can be taken)
• Disability items to be used to care for the sick.
• Medical aids or medical equipment.
• Items purchased using money from Social Fund.
• Refrigerators.
• The main form of cooking: if you have a cooker and microwave, the bailiff could take the microwave. If you only have a microwave then this must not be seized.
• Washing machine, vacuum cleaner.
• Personal items: such as family photographs/pictures.
• Items of minimal value, and or broken items.
• Goods either rented, or hired.

Items that are actually attached are also exempt from seizure. This would include built in ovens, flat screen televisions or stereo systems attached to the wall.

I know it is just a job Tmcd01 but if I had to do it, I would find it so so hard to have a child watching me take away their xbox or playstations - it would give me a big guilt trip! What a difficult job to have to do.

Donna

Also - if the OP has proof that say the kids xbox etc has been bought by their nana/granny - I don't think that bailiffs can take it if the person who bought it provides a sworn statement of ownership.

Thriftysaver

Hi Twinkle,

Sorry to hear about your dilemma. Can you not lower your payment with Provident for awhile. I worked for the Prov for 6 weeks and left because the extortionate interest they charge made me feel uncomfortable. Some people were paying £40+ per week for what I feel is ridiculous to the amount borrowed. What I did learn though is, that they do not add anymore interest charges on if you ask them to lower the payment due to hardship (unlike credit cards where you pay more the less to pay htms). If you enter into an agreement with the catalogue after doing an soa they should accept it. As at the minute you are saying you can't pay and they are probably treating you as a won't pay, which is why they are threatening you. I also worked for a bank debt collecting and people were paying £1 per week in some cases.

I would also like to say when you have eventually paid off Provident don't use them again. The thought of being ripped off makes me sick, Brighthouse and Homebuy also. Prey on people who are not well off.

Join a Credit Union (also have volunteered for these in the past and was a Loans Officer) They encourage thrift and will also try to help when you are in crisis. If you want any info let me know.

Good Luck

Thriftysaver

RobertoMoir

Donna, Your list there sounds like it is related to debts like Council tax if it's from a council.

Bailiffs chasing a debt due to a CCJ are a wholly different beast (and actually as it happens even less likely to take stuff, unless left with little choice).

tmcd01

You are right Rob, taking stuff really was the last resort, ANYTHING was better than removing - by the time you took the cost of removing and selling items it would push the debt up to a level that was often unachievable.
Your right Don, not a great job and only lasted afew months. But it used to amaze me that people owing thousands through court fines for shoplifting etc would have widescreens in thier kids rooms and every game console you could think of. Mad

fermi

I'll move this over to DFW and PM Twinkle where to find it.

RobertoMoir

tmcd01 wrote: »

You are right Rob, taking stuff really was the last resort, ANYTHING was better than removing - by the time you took the cost of removing and selling items it would push the debt up to a level that was often unachievable.

I agree. I used to consider a removal a failure on my part when I was a private bailiff, and so did a good number of the people I worked with. There were one or two others that just considered it part of the job and did it a bit more readily and that was OK too - the few freaks that actually seemed to enjoy making debtors cry were the ones that worried me.

At least for domestic - I mostly did NNDR, commercial rent and arrest warrants and those of course are all rather different. I've always thought that private bailiff companies should be limited to rent and not much more, to be honest.

tmcd01 wrote: »

Your right Don, not a great job and only lasted afew months. But it used to amaze me that people owing thousands through court fines for shoplifting etc would have widescreens in thier kids rooms and every game console you could think of. Mad

Now this I've seen too - and of course the "professional debtor" with CAB on speed dial who says things like "I ain't paying - by the time I've paid for my fags and my booze, there's hardly any of kylie-marie's child allowance left for food, let alone bills, and the income support's paying for me Sky...". I have a lot of sympathy with the people who post here in dire strait,s but the 'professional debtors" and the 'gamers' who used to push things right to the last moment then give up and pay a big debt out of a huge wad of cash they've had all along, used to drive me up the wall.