The Bankrupt Inn (Part Three)

blind-as-a-bat_2

So_Sad_Angel wrote: »

The odd thing is Fermi that I have no income (only benefit) , no assets only the house that with the same lender NR!! ....I think they must think that there is equity in the house! Maybe they are pushing for a charging order.

But I shall be doing the re-determination route for now.

The overriding objective1.1(1) These Rules are a new procedural code with the overriding objective of enabling the court to deal with cases justly.
(2) Dealing with a case justly includes, so far as is practicable –
(a) ensuring that the parties are on an equal footing;
(b) saving expense;
(c) dealing with the case in ways which are proportionate –
(i) to the amount of money involved;
(ii) to the importance of the case;
(iii) to the complexity of the issues; and
(iv) to the financial position of each party;
(d) ensuring that it is dealt with expeditiously and fairly; and
(e) allotting to it an appropriate share of the court’s resources, while taking into account the need to allot resources to other cases.

something else to bear in mind;)

fermi

So_Sad_Angel wrote: »

The odd thing is Fermi that I have no income (only benefit) , no assets only the house that with the same lender NR!! ....I think they must think that there is equity in the house! Maybe they are pushing for a charging order.

I wouldn't be surprised if the Solicitors requested a default judgement pretending that you had not made an offer of payment.

A lot seem to be doing that now as a sneaky way of obtaining a default/forthwith judgement straight away. They can get away with it since the papers with an offer must be returned to the claimant NOT the court.

Merry_Gentry

Just sneaking in on the theory that my internet is still working - Angel, hope things settle down for you! Drinks for everyone!

So_Sad_Angel

fermi wrote: »

I wouldn't be surprised if the Solicitors requested a default judgement pretending that you had not made an offer of payment.

A lot seem to be doing that now as a sneaky way of obtaining a default/forthwith judgement straight away. They can get away with it since the papers with an offer must be returned to the claimant NOT the court.

Yes Fermi....thats just what they have done!!! They said that I had made no payments....when actually they had letters from CAB , financial statements & I have proof that all payments have been made. Even a loan statement from NR them showing the £1 receipts !!

I kept copies so will take them to CAB on Monday.

Oh well ...better try & eat something other than tablets!!

Speak later

Thanks Merry !! better have a coffee now! Don`t overdo the lifting during the move Honey! xx

Lensman_2

Whisky please Merry

Nan's funeral went well and I am celebrating her life - and memories of a bunch of stuff I had forgotten about until talking to the family today.

Hope the move is going OK. Have you still got something to sit on (and I don't mean your !!!!...)

Merry_Gentry

PMSL!!! Yes, still got sofa to sit on, as well as my ample butt!!

Richard_S

Hi So Sad Angel,

Sorry to hear you're having such a rough time at the moments and the thought of trying to follow the correct Court procedures to stop the bailifs knocking at the door must be daunting to say the least.

To some extent I've lost touch with the current Court procedures, but having been down the CCJ and enforcement route as a creditor I know for absolutely certain that even getting to the point of instructing a bailif is almost a wate of time and more importantly money.

If you deny them access, and if you've got nothing more than basic household goods then there's sweet F.A they can do. It's not pleasant but they really are as impotent as eunochs.

By far the best approach is always to attend Court, acknowledge the debt and offer a token £1 pcm. The Judge will always accept that and there's nothing the creditor can do. If your only income is benefits then you don't even have to offer the nominal £1.

People make it so much easier for these Shylocks by ignoring the post and dreading the thought of a Court appearance.

Rich

So_Sad_Angel

Thankyou for that Richard....I do feel better now.Must admit went into blind panic when I opened the letter & you worry about these things when you live alone! In fact been so spooked out that I have`nt opened the rest of the letters I collected today!

I would go to court but its in Bradford & also have never in any correspondence been invited to attend any hearing etc.

Lensman_2

I am glad to see that you have a bit of time to deal with this SSA. And it will be adjourned to your local court. AND that the proper context has prevailed after the initial panic.

The power of MSE strikes again It's always good to see that happen...

fiveyearplan

Hi Lensman - I'm glad you celebrated your nan's life today and wasn't it a lovely day to do so!