Please Help - Bailiffs

Zebra

I hope somebody can help us with an impending problem with bailiffs.

It follows on from this post in 2009, which unfortunately has now been closed.
https://forums.moneysavingexpert.com/discussion/2059465

To recap I have a friend with Huntington's Disease. In 2009 she had loans with Halifax and Nat West and a current account with Nat West.

One of her other carers wrote to both Halifax and Nat West to see if the monthly repayments on the loans could be reduced to more manageable payments.
Both banks agreed to this (Halifax at £15 a month and Nat West at £5 a month) and that appears why the current account in the above post was closed and the money in it offset against the loan.

The new payments for the loans were made each month - I know, because I paid them for her - and we thought that was and end to it.
However last month she received a letter from Nat West saying she owed them money, she tried ringing them to explain about the new payments but didn't get anywhere.
Two weeks ago they sent a final notice for just £35, so it appears that this amount is for the closed current account which is now overdrawn for some reason, and not the loan as she thought.

Last week I sent a cheque for the full amount, and am carrying on paying the agreed repayments.

However last week she got another letter saying that the original debt for the loan had been passed to the bailiffs because of the non-payment for the current account (which we thought had been closed and finished).

The bailiffs are now coming on Tuesday for the full loan amount of around £4,000.

Apologies if the post is rambling and doesn't make sense but I am really worried.

fatbelly

Bailiffs cannot be instructed until there is a county court judgement and you have defaulted on the order to repay.

So if there is no ccj then - no bailiffs.

Could it be that NW have instructed a dodgy debt collector who has written that they 'may' do this or that.

I actually think this is getting disturbing in that someone with Huntingdon's is being apparently threatened and their carer dealing with it. How well is your friend now and how able is she to manage her own affairs?

I think Nat West should be encouraged to consider a write-off here. I wonder if you have a CAB locally with a debt specialist who might take this up.

Zebra

Thanks Fatbelly for your quick reply.

I haven't seen the letter so you may be right, my friend rang me this morning and was panicking, I don't live in the same town but am going round first thing tomorrow.

I'm sure there hasn't been a ccj, firstly she would have told me and secondly she only got the letter about the outstanding amount last month.

We'll go and see the CAB tomorrow aswell.

Zebra

fatbelly wrote: »

How well is your friend now and how able is she to manage her own affairs?

Not well, she is panicking about the bailiffs/debt collectors/whoever coming on Tuesday.

Things were rock bottom three or four years ago with drinking, not taking medication etc, but have slowly been improving since then, primarily because of the upturn in the financial situation with what we thought was having the reduced payments for the loans accepted.

It now seems we are back at stage one and I am really fearful for what is going to happen next.

Zebra

Shameless bumping.

Does anybody else have any helpful advice please?

I know they'll be many people who'll say that as she got herself into debt then it is her responsibility to pay it all back, as others are having to do.
Whilst I do have sympathy with that view, I can assure you that the loans were taken out before she was diagnosed with her illness and while she was in full-time employment. She had every intention of paying them back, and would like nothing more than be able to do so.
However the facts is that she can't afford to pay it back and will never be able to afford to pay it back.

Thanks for any help.

hallowitch

I don't know enough about CCJ bailiffs to help you you could join this site its got a very good bailiff forum on it

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?168-Bailiffs-and-High-Court-Enforcement-Officers
as far as I'm aware (and i think I'm right about this)

HCEO agreed to abide by the national standards for enforcement agents as your Friend is terminally ill she should be classed as vulnerable and a letter should be sent (recorded delivery) to any bailiff firm that approaches her for payment

http://www.justice.gov.uk/downloads/courts/bailiffs-enforcement-officers/national-standards-enforcement-agents.pdf/

Zebra

Thanks Hallowitch.