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  • FIRST POST
    • colukev
    • By colukev 3rd Jul 18, 2:42 PM
    • 14Posts
    • 2Thanks
    colukev
    Please help.
    • #1
    • 3rd Jul 18, 2:42 PM
    Please help. 3rd Jul 18 at 2:42 PM
    God I don’t know where to start.

    I have attached the previous 2 threads I have posted regarding our current court case

    https://forums.moneysavingexpert.com/showthread.php?p=74187377#post74187377

    https://forums.moneysavingexpert.com/showthread.php?p=74030747#post74030747

    So following on from the order to attend court for questioning, we were sent an email from the claimant advising most documents we said we had (under oath) were in fact missing. This is not true. I accept that one account was missing the last 2 months on statement, so I emailed over to the claimant within 4-5 days max.

    We then last month get an attachment of earnings form through the post (1 each), which we completed and sent both back to the claims court in Manchester. My other half got hers sent back as she had not put post code on her works address! Cant understand why they would send it back for a missing post code when the address is showing, but hey that’s what the court ordered, so that I what we did.

    Fast forward a couple of weeks, I receive a copy of AOE order, stating my protected earnings and that it is ordered £25 to be deducted from my wage each month. OK, we are happy with that. We cannot afford it as we are in the deficit, but if it’s a resolution to this 12+ month case then we are more than happy to accept.

    My other half has yet to hear anything back on hers, despite us adding the post code and sending it back.

    Today we get a letter, which has been sent by the claimant through the court system. Once again accusing us of hiding incomes and fraudulently declaring incorrect outgoings. (Again, this is not true). So the last page of the document, produced by the court states that they are taking the claimants letter and complaint as a need for review, and another hearing will be scheduled. What?! We went 2 months ago and submitted everything!!

    The stress and anxiety of the last 12-14 months has been unreal, I cannot put it into words, but those who know, know.

    Why is there a court process to examine your financial position, court sends a letter to confirm we satisfied the order, just for the claimant to say he doesn’t believe any of it and now we are being dragged back into another hearing.

    We would like to make a complain as we are now classing this as harassment, and a complete waste of the courts and our time. We must take the day off work for each of these hearings, find child care….and all for something that we went through not even a quarter of a year ago!

    Can anyone provide assistance on how I can make a complaint, or do we simply have to keep jumping through these hoops that the claimant is putting out.

    He has rejected the £25 attachment of earnings, but my employers will still deduct and send to the court?

    I really do not understand where to go from here, just as we thought we finally had a resolution and we can start clearing the debt, its all thrown back to square 1 again.

    How many times do we have to get dragged to court before they realise the claimant is causing the problems. We have admitted we owe the debt, provided every single little bit of documentation and information requested, answered question after question, defended ourselves against false allegation after false allegation. When will the court put a stop to this harassment?!

    Over a year ago we made an offer of £200 per month which we couldn’t afford, this was rejected.
    At court after the 1st oral examination, we offered £75 on the judges advice, this was rejected
    AOE put in place - £25pm, this is rejected.

    What more can we do??

    Not to mention the threats from his step-son, the constant misplaced accusations of deceit, fraud. He has blackmailed, bullied, tried to extort money. Threatened us with bankruptancy, then when he didn’t we suggested we would start the process ourselves, yet he then continued to manipulate saying we would be consigning our children to a life of misery without holidays and Christmas. WTH?!

    Literally whatever we do to try and resolve this matter does not work. We make offers, we comply with court hearings, we answer questions, we send documentation.

    We stress, we cry, we panic, we worry. Just our financial position alone is bad enough without this ongoing. We have never run from this debt and always have put forward a proposal.

    My other half has lost so much weight, I have developed scsorisis again (stress induced apparently). We are always in negative mindsets as we are just waiting for the next twist in what should be a straight forward procedure.

    After all this, 14 months later, we are still right back at square 1, not having a concrete payment agreement in place, and being dragged back to court to do something we have already done 2 months ago.

    Literally can see why so many people take their own lives due to debt.

    Ok it’s not the claimants fault, but in circumstances like this when you can clearly see we have not got a pot to pi55 in, there has to be some protection or quicker process. My employers have commented on more than 1 occasion that they are concerned these problems will be affecting my work. How can I say it isn’t and keep my job when we are just constantly overcome with worrying about what we will be summonsed to next, and what absurd claims we will have to disprove next time. Dread to think what my employers’ response will be when I have to ask them for a day off to attend another order of questioning at court.

    He is still insisting that we move house as the rent is too high….yes we know this but thanks to this CCJ no one is going to touch us, so moving is not even on our radar. He disbelieves our rent amount as he ‘fully knows the area and what it costs’. Yet a copy of our tenancy agreement and bank statements showing £1600pcm appears to have done nothing. How can the courts let him overlook black and white evidence? What is the point of the process if it can be disregarded so easily. Yet if we disregarded it and didn’t turn up, we would have a warrant out for our arrest!!!!!

    We cannot win!

    If there is anyone who can help, or offer a route for us to go down, we would be so grateful. Have no idea what to do next or when this will stop. We just want an agreement in place and clear the debt….how can we be penalized for this?

    Seems if you change your name or go on the run it works out better than complying with the court orders!
Page 1
  • National Debtline
    • #2
    • 3rd Jul 18, 3:48 PM
    • #2
    • 3rd Jul 18, 3:48 PM
    Hi colukev


    Have you sought any advice on dealing with your debts as a whole since the previous thread?


    I understand that you had earlier blocked the claimant's email address. If they have since created a new one and used that to contact you, you need to block that as well - and likewise with any subsequent addresses, whilst retaining any emails received as potential evidence of harassment.


    Dennis
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
    • colukev
    • By colukev 3rd Jul 18, 4:09 PM
    • 14 Posts
    • 2 Thanks
    colukev
    • #3
    • 3rd Jul 18, 4:09 PM
    • #3
    • 3rd Jul 18, 4:09 PM
    Hi Denis and thanks for replying.

    We have not had any correspondence directly from Landlord since we blocked his email. It seems he uses the courts postal service to get letters to us.

    We have not spoken to anyone about our debt. Due to the levels 25-30k, outgoings more than incomings, we are well aware that bankruptcy appears to be the only option. We cannot however afford the £680!

    Would rather not have to go bankrupt but there is no end in sight and we cannot keep living with this case never being resolved.
    • mitch2509
    • By mitch2509 3rd Jul 18, 10:30 PM
    • 41 Posts
    • 57 Thanks
    mitch2509
    • #4
    • 3rd Jul 18, 10:30 PM
    • #4
    • 3rd Jul 18, 10:30 PM
    Please get some help with all your debts, you are currently burying not just your head but your hole body in the sand. If you earn less than your outgoings then you are insolvent. Once you've made the first step to getting help you will start to feel a little better.
    Debts at LBM (June 18):-

    Capital 1 - 413.46 Vanqqquis - £1676.43,First D Visa - £1578.73, Next - £2083.12, TSB - £5326.59,Barclaycard - £5195.01, Capital one me - £1359.99, Loan - £5702.31, Loan - £2739.99, Total £26,075.63
    • sourcrates
    • By sourcrates 3rd Jul 18, 10:50 PM
    • 15,246 Posts
    • 14,347 Thanks
    sourcrates
    • #5
    • 3rd Jul 18, 10:50 PM
    • #5
    • 3rd Jul 18, 10:50 PM
    We have not spoken to anyone about our debt. Due to the levels 25-30k, outgoings more than incomings, we are well aware that bankruptcy appears to be the only option. We cannot however afford the £680!
    .
    Originally posted by colukev
    Hi,

    The bankruptcy fee can be paid over six months, or there may be some charities that can help you with it, for the sake of the health of both of you, get this process started as soon as you can.

    County court judgements are invalidated by bankruptcy, and all your debts will be covered by it, you really need to prioritise this as it appears to of been going on for so long and you’ve just been along for the ride, you need to re-take control of your lives here.

    Please take some advice from stepchange or one of the other free debt advice services, they may be able to,put you in touch with an organisation that can help with the fees.

    I wish you the best of look,
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Free Legal advice see : http://legalbeagles.info/
    • colukev
    • By colukev 4th Jul 18, 9:41 AM
    • 14 Posts
    • 2 Thanks
    colukev
    • #6
    • 4th Jul 18, 9:41 AM
    • #6
    • 4th Jul 18, 9:41 AM
    Thank you for your comments, and I agree that bankruptcy is our best option. I will speak to some organisations this week to see if we can get help. I am very doubtful as we are not low earners, so we may be told there is no help. We are just backed into a corner but this is what we are aiming for.
    • sourcrates
    • By sourcrates 4th Jul 18, 9:58 AM
    • 15,246 Posts
    • 14,347 Thanks
    sourcrates
    • #7
    • 4th Jul 18, 9:58 AM
    • #7
    • 4th Jul 18, 9:58 AM
    You should take the money from elsewere in your budget then.

    Once its done, its done, you will feel so much better.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Free Legal advice see : http://legalbeagles.info/
    • colukev
    • By colukev 4th Jul 18, 10:48 AM
    • 14 Posts
    • 2 Thanks
    colukev
    • #8
    • 4th Jul 18, 10:48 AM
    • #8
    • 4th Jul 18, 10:48 AM
    Thank you Sourcrates, I really appreciate it
    • mitch2509
    • By mitch2509 4th Jul 18, 11:05 AM
    • 41 Posts
    • 57 Thanks
    mitch2509
    • #9
    • 4th Jul 18, 11:05 AM
    • #9
    • 4th Jul 18, 11:05 AM
    Thank you for your comments, and I agree that bankruptcy is our best option. I will speak to some organisations this week to see if we can get help. I am very doubtful as we are not low earners, so we may be told there is no help. We are just backed into a corner but this is what we are aiming for.
    Originally posted by colukev

    Lots of people go bankrupt being a high earner does not except you from needing help. Hope you get sorted.
    Debts at LBM (June 18):-

    Capital 1 - 413.46 Vanqqquis - £1676.43,First D Visa - £1578.73, Next - £2083.12, TSB - £5326.59,Barclaycard - £5195.01, Capital one me - £1359.99, Loan - £5702.31, Loan - £2739.99, Total £26,075.63
    • Suseka97
    • By Suseka97 4th Jul 18, 2:20 PM
    • 409 Posts
    • 534 Thanks
    Suseka97
    ........ County court judgements are invalidated by bankruptcy, and all your debts will be covered by it, you really need to prioritise this as it appears to of been going on for so long and you’ve just been along for the ride, you need to re-take control of your lives here. Please take some advice from stepchange or one of the other free debt advice services, they may be able to,put you in touch with an organisation that can help with the fees. I wish you the best of look,
    Originally posted by sourcrates
    I implore you to follow this advice and quickly - speak to Stepchange today, get the ball rolling so you have progressed this, hopefully, before your next Court hearing is scheduled.

    Thank you for your comments, and I agree that bankruptcy is our best option. I will speak to some organisations this week to see if we can get help. I am very doubtful as we are not low earners, so we may be told there is no help. We are just backed into a corner but this is what we are aiming for.
    Originally posted by colukev
    It doesn't matter if you are 'high earners' - you are in financial crisis. But if you can't get help to pay the fees. Find a way. If you have credit cards, draw money out and pay it that way. Ask family or friends, or pay by instalment (as Sourcrates mentioned before).

    I'd imagine the bill is just getting higher and higher due to court fees and the like - so move on this now. This should now be your ultimate priority for the sake of your health and for the sake of your family.
    LBM Apr13: 14 Creditors / £85k+ owed / £11k outstanding (3 x UE / 3 x outstanding)
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