Help please! Flapping a bit!

-Liam-

Hi,

Small issue I've been aware of for a couple of weeks.

My sister got in touch with me a week or 2 back saying that my Mother (who I havent spoke to in 2 or 3 years for personal reasons) had received some letters from a court addressed to me. I told my sister that I had no idea what could possibly be for as I'd not been living at Mums for nearly 10 years!

I was aware that I had a credit account with sandtander, which was formerly with Capital 1 of my memory serves me correct. The card was no longer used and had been disposed of years ago. Shortly after I had moved in with my partner, I had filled in the change of address form that was found on the back of statements and sent it off.

The payments had continued and it was really nothing I had thought of other than the odd glance at a bank statement and thinking I really need to change that from the minimum payment and get it off my record.

Now when my sister mentioned the letters from the court, I thought straight away about this. I went looking at old bank statements and could see that the last payment was made in October 2011.

I had no idea, why the direct debits were stopped.
I had no idea, why they are using my old address to send correspondence to and I have no idea what to do now.

My sister has showed up this morning with the letters.

An agreement from July 2012 for me to agree to pay £100 quid a month (which would be great right now!) and then 2 court letters, once a final demand from earlier last week (2nd oct) for an immediate payment of £172 to a bailiff for that warrant.

I've seriously never been in a situation like this and I'm bricking my self that a bailiff will turn up at my house on Monday. Already told the missus not to answer the door to anyone she doesnt know.

They don't have my address but its not like I'm in hiding or anything. I'm on the electoral roll etc so I'm not hard to find.

The course of action I was going to take, was to call the court or bailiff (which?) first thing in the morning and explain the story and offer a payment of £100, followed by a payment of £200 on Friday when I get paid. I just don't want people turning up on my doorstep to take goods.

Can anyone offer some advice?

As said, I'm bricking it. I've not intentionally ignored all the letters I just had no idea, genuinely!

Would the courts/bailiff be reasonable given the circumstances?

Also, is it worth my while chasing up why this has happened?

Change of address not logged. Direct Debits stopped etc of am I best served just paying it and forgetting it?

The total balance is only around £650 btw.

Thanks.

dancingfairy

You might be able to have the CCJ set aside based on the fact that you no longer lived there, and you had informed them of this and therefore never received court papers, also you are on the electoral role at your new address. Clearly you will still owe the money and it is likely that the creditors will reapply for a ccj but if you can settle it within 28days it won't exist on your credit record (if that makes sense?).
Also they're not going to turn up at your doorstop are they? theyre going to turn up at the address they have on the warrant (which will be the address on the court papers). Your mum and sister will need to let them know you no longer live there.
Another alternative would be to apply to the court for a variation order (ie the option to pay in installments). You would need to demonstrate what you can afford to pay. Personally I would go through the courts rather than deal with the bailiffs as you never know whether they will be good bailiffs or bad bailiffs.
I'd also go on the national debtline website and read up about ccjs and what bailiffs can and can't do (so you are forewarned).
Best of Luck
df

zaax

Santander are getting worse and worse. Is about time CAB got a super complaint up about them. And if they don't get better with-in 6 month remove their licence.

-Liam-

dancingfairy wrote: »

You might be able to have the CCJ set aside based on the fact that you no longer lived there, and you had informed them of this and therefore never received court papers, also you are on the electoral role at your new address. Clearly you will still owe the money and it is likely that the creditors will reapply for a ccj but if you can settle it within 28days it won't exist on your credit record (if that makes sense?).
Also they're not going to turn up at your doorstop are they? theyre going to turn up at the address they have on the warrant (which will be the address on the court papers). Your mum and sister will need to let them know you no longer live there.
Another alternative would be to apply to the court for a variation order (ie the option to pay in installments). You would need to demonstrate what you can afford to pay. Personally I would go through the courts rather than deal with the bailiffs as you never know whether they will be good bailiffs or bad bailiffs.
I'd also go on the national debtline website and read up about ccjs and what bailiffs can and can't do (so you are forewarned).
Best of Luck
df

Hiya, thanks for the reply. Its reassuring. I've been in a state this afternoon lol

Couple of brief points in reply to your post.

Always been on the electoral roll at my address, since 2003 apart from a year or so from 2010 where myself and my partner separated and I lived at another address. I was on the electoral roll there and then changed back when we got back together.

So they would track me down and then issue another judgement on this address? My Mother obviously informed them that I had not resided at that address for years.

Obviously, I owe the money and I will look to pay it off asap but 28 days is probably to quick. I'm not a wealthy man lol. We both(me and partner) work. We have 3 young children (aged 6 to 10) so my options are pay as much off as I can this week to show willing to the court and then pay the rest off over the next few months. Would it be worth going to Santander? Approaching them as I find them pretty much equally to blame to arrange the payments or is this not an option? I'm assuming that the amount owed included all sorts of penalties etc that I find a little unfair.

Again, thanks for the reply. Been a horrible day, not knowing what to expect and being Sunday, nobody can tell you anything!

CAB_Swansea_Bay_representative

Hi Liam, thank you for your query regarding help please.
There are two options available to you at this time. The first is to apply for a set aside using court form N244. There is a fee which is £80 and you may get assistance with the fee if you have a low income or are on specific benefits. The judge will then consider your grounds for the judgement to be set aside and if you can prove you completed the change of address or that you had received post fromthe bank at your new address that would be in your favour as the creditor should issue a summons to your last known address. If the set aside is successful the debt is still owed but the judgement is cancelled and the creditor has to issue a new summons and you will then have the opportunity to make an offer of repayment with an Income and Expenditure, dispute the debt by entering a defence or paying the debt in full. The other option you have which may be more appropriate if you do not dispute the debt, cannot pay it in full and are aware of the effect of a CCJ on your credit rating is to apply for a suspension of the warrant of execution (bailiff warrant) and to vary the judgement to an instalment order. This can be done on form N245 and there is a fee of £40 but again you may get help if you have a low income or on specific benefits. In the meantime you do not have to let a county court bailiff into your home and they do not have the power to force entry unless you have previously let them in and they have levied on your goods. You can find more information about varying and setting aside county court judgements and bailiff's powers at www.adviceguide.org.uk and if you are not a position to make a payment or have other debts which you are struggling with you can contact your local Citizens Advice Bureau which you can find at www.citizensadvice.org.uk.
Hope this is of assistance.