View Full Version : Bailiffs
Anybody have any idea on what I can do about this? I've basically been told if I don't pay a debt by next week, bailiffs will visit me.
I don't even know what the debt is for but I do have credit card debt and catalogue debt from over 8 years ago.
I'm worried sick, definitely don't have the money and have no idea what to do. I was under the impression bailiffs only come for important debt such as council tax, fines etc. I never knew they could come for any old debt. I feel ill beyond words. Have been feeling extremely low, never felt this bad and then come home to this letter. I just don't know how much more I can take.
Anybody have any idea on what I can do about this? I've basically been told if I don't pay a debt by next week, bailiffs will visit me.
I don't even know what the debt is for but I do have credit card debt and catalogue debt from over 8 years ago.
I'm worried sick, definitely don't have the money and have no idea what to do. I was under the impression bailiffs only come for important debt such as council tax, fines etc. I never knew they could come for any old debt. I feel ill beyond words. Have been feeling extremely low, never felt this bad and then come home to this letter. I just don't know how much more I can take.KeeKee :eek: with out being personal, can I ask roughly how much debt is outstanding as I think it has to be certain amount before the bailiffs come knocking at your door. Sure you don't have to let them in but they can come back with the police and serve a writ on you which means you have to let them gain access to your property. this is terrible Keekee can I ask why have you let it go on for 8 years? I would call the number on the letter first to discuss your financial situation, I also would get advice from the CAB A.S.A.P Cheers
It's for £600. I don't even know who the company is, have never heard of them and can't think of any debt that would be that amount. I'm paying 2 companies token payments at the moment.
I can't even ring and make payments arrangements as I don't know what my financial situation will be like in 4.5 weeks until I attend my appeal.
I feel like things are just going from bad to worse. If I lose my ESA appeal I'm going to be even worse as I will truly not be able to afford clothes or anything.
It's for £600. I don't even know who the company is, have never heard of them and can't think of any debt that would be that amount. I'm paying 2 companies token payments at the moment.
I can't even ring and make payments arrangements as I don't know what my financial situation will be like in 4.5 weeks until I attend my appeal.
I feel like things are just going from bad to worse. If I lose my ESA appeal I'm going to be even worse as I will truly not be able to afford clothes or anything. KeeKee you probably wont know the company in question as they are debt recovery agents that the companies you owe money to
have got the agency now involved, I would still call the number on the letter and they will tell you who you and how much you owe, explain you financial circumstances to you they may need proof you are awaiting a appeal! The money you owe can increase quite a bit if you don't talk to them. Can I ask did you ex have a joint account with you has he run up any debt that you aren't aware of? What a mess hun Iam sorry :hugs:Cheers
KeeKee you probably wont know the company in question as they are debt recovery agents that the companies you owe money to
have got the agency now involved, I would still call the number on the letter and they will tell you who you and how much you owe, explain you financial circumstances to you they may need proof you are awaiting a appeal! The money you owe can increase quite a bit if you don't talk to them. Can I ask did you ex have a joint account with you has he run up any debt that you aren't aware of? What a mess hun Iam sorry :hugs:Cheers
I will ring them tomorrow as it says they are only open 9-11am. My ex wouldn't ever get debt in my name, it's obviously mine I just don't know why they've contacted me out of the blue after years. I've checked my credit rating and had a ccj issued against me in January so guess it's that. I guess I will have just binned the letter if it looked like spam and to be fair 'Capquest Investments' isn't a letter I'd usually open, sounds like some kind of gambling to me. I only open letter I know of because we get lots of spam here.
We didn't have any joint accounts or anything and he is the kind of person who wouldn't spend a penny more than he needs to, he certainly wouldn't get debt.
I only got it as it was my 'post natal depression' stage and I was on a high. Certainly regret it all now.
I will ring them tomorrow as it says they are only open 9-11am. My ex wouldn't ever get debt in my name, it's obviously mine I just don't know why they've contacted me out of the blue after years. I've checked my credit rating and had a ccj issued against me in January so guess it's that. I guess I will have just binned the letter if it looked like spam and to be fair 'Capquest Investments' isn't a letter I'd usually open, sounds like some kind of gambling to me. I only open letter I know of because we get lots of spam here.
We didn't have any joint accounts or anything and he is the kind of person who wouldn't spend a penny more than he needs to, he certainly wouldn't get debt.
I only got it as it was my 'post natal depression' stage and I was on a high. Certainly regret it all now. Well that's one blessing :) Why not google Capquest Investments ? It sounds like a company that invests peoples money which may offer a good rate of interest but is usually very high risk and in the current climate we all live with all these terrorists attacks etc the value of these types of investments plumet very fast. Good luck with the phone call as you now must act fast on it before it gets totally out of control :) Good luck KeeKee!! Cheers
Hi again Bigboy, I did Google and people are saying it's a scam and not to pay, however this has come from the local county court..
I'll give them a ring in the morning.
Hi again Bigboy, I did Google and people are saying it's a scam and not to pay, however this has come from the local county court..
I'll give them a ring in the morning.Hi KeeKee ouch that is bad, so I would call the county court up just in case it is a scam and the recovery agents too I hope you don't get scammed do all your checks thoroughly too thanks for the update KeeKee ATB to you Cheers
KeeKee, before I even finished reading to the end, I was thinking this sounds like a scam. I've heard of this happening to people quite a lot.
Firstly, it is unusual to chase a debt that is 8 years old. There is a time limit that you can chase a debt anyway and I think it is 7 years, but would have to check on that.
Normally a debt would be chased within the first few months of non-payment, not that long.
As you say, phone the Court and see what they say. x
Also ring the CC company who the debt is/was with and the catalogue company too this will cover everything. as scammers will use every trick in the book even down to fake letters from the county courts that look real in every way only a keen eye could spot the fakes not easily either! I didn't know about that law where after a certain number of years the debt is written off :) Cheers
Carrie8484
05-04-17, 20:06
Keekee Take the letter to your local Citizens Advise Bureau, they can check out the authenticity for you and tell you what the best course of action is if it is a real fine.
Don't engage with them until you've spoken to CAB.
Thank you both.
I went on Noddle and got a free credit report and a ccj was filed in Jan this year so maybe it is genuine and I've just missed it. I will ring the bailiff in the morning though and see what he says.
I'm going to try CAB again in the morning and see what they say. I'd feel absolutely horrendous if they did end up coming to my home and taking my daughters possessions (as I've read they can take non essentials such as TVs etc)
---------- Post added at 20:10 ---------- Previous post was at 20:08 ----------
Also ring the CC company who the debt is/was with and the catalogue company too this will cover everything. as scammers will use every trick in the book even down to fake letters from the county courts that look real in every way only a keen eye could spot the fakes not easily either! I didn't know about that law where after a certain number of years the debt is written off :) Cheers
I have absolutely no idea whom the original debt is with. It does tell me I can go to the court to make payment so I guess I could go there and verify. I think some of my debt has already been written off as I had a pretty large loan and it's not on my report anymore.
---------- Post added at 20:11 ---------- Previous post was at 20:10 ----------
Keekee Take the letter to your local Citizens Advise Bureau, they can check out the authenticity for you and tell you what the best course of action is if it is a real fine.
Don't engage with them until you've spoken to CAB.
I will ring them in the morning and see if I can get an appointment. I will withold contact with the bailiff until I have spoken to them then. Thank you.
Thank you both.
I went on Noddle and got a free credit report and a ccj was filed in Jan this year so maybe it is genuine and I've just missed it. I will ring the bailiff in the morning though and see what he says.
I'm going to try CAB again in the morning and see what they say. I'd feel absolutely horrendous if they did end up coming to my home and taking my daughters possessions (as I've read they can take non essentials such as TVs etc) Thinking about it even the recovery agents could be part of the scam too Not trying to scare you, but scams are now are getting more elaborate and sophisticated too :eek: And yes they can take none essential items from your home. Cheers
KeeKee, before I even finished reading to the end, I was thinking this sounds like a scam. I've heard of this happening to people quite a lot.
Firstly, it is unusual to chase a debt that is 8 years old. There is a time limit that you can chase a debt anyway and I think it is 7 years, but would have to check on that.
Normally a debt would be chased within the first few months of non-payment, not that long.
As you say, phone the Court and see what they say. x
I'll mention that as it's actually approaching 9 years, however I will have been making regular payments until I left work the first time, so not sure. However as I'm not entirely sure who the debt it I can't say when exactly I got the debt. It's certainly not these past 5 years though as I won't ever get debt anymore due to my mental health issues (and therefore unreliable financially).
---------- Post added at 20:19 ---------- Previous post was at 20:15 ----------
Thinking about it even the recovery agents could be part of the same too Bot trying to scare you as scams now are getting more elaborate and sophisticated too :eek: And yes they can take none essential items from your home. Cheers
Could they also forge a ccj thing on my credit report though? Or do you think they have notice of the debt and could be trying to retrieve money that isn't even theirs?
That being said if the debt is mine I'm screwed as I can't come up with that amount of money anytime soon. Nor can I borrow such a high amount.
I'll mention that as it's actually approaching 9 years, however I will have been making regular payments until I left work the first time, so not sure. However as I'm not entirely sure who the debt it I can't say when exactly I got the debt. It's certainly not these past 5 years though as I won't ever get debt anymore due to my mental health issues (and therefore unreliable financially).
---------- Post added at 20:19 ---------- Previous post was at 20:15 ----------
Could they also forge a ccj thing on my credit report though? Or do you think they have notice of the debt and could be trying to retrieve money that isn't even theirs?
That being said if the debt is mine I'm screwed as I can't come up with that amount of money anytime soon. Nor can I borrow such a high amount.In theory anything can be forged. Do you know where your county court is could you give them a call and get them to check and verify everything for you as well? Cheers
Catherine S
05-04-17, 20:35
Keekee you said you had a letter that you threw away thinking it was a scam. Well that was probably the letter telling you a company had taken you to court over a debt and you now had a ccj. Because you didn't respond to that letter the next step is the bailiffs. The fact that the ccj is showing up on your credit rating information means it's genuine. So the best thing to do is visit the court or call them.
Although you would've needed to have had warning letters previously from debt collection agencies or direct from whichever company you owed money to, telling you they were taking the debt to court. Did you not get any letters like that?
ISB
I've not had any recent debt letters other than one from the same company in January (which correlates to my credit report), but I didn't open it. Well that isn't entirely true as I have spoken to a couple of creditors recently but I definitely haven't ignored any. I don't ever ignore phone calls or anything either as my childs school rings on a withheld number so they haven't attempted to ring me or anything either, like my other creditors have.
I'm going to ring them tomorrow and try and see who the debt is. Even if it's definitely mine I've no spare money until next Friday, unless they can accept £5 token payment or something for now.
---------- Post added at 20:59 ---------- Previous post was at 20:56 ----------
In theory anything can be forged. Do you know where your county court is could you give them a call and get them to check and verify everything for you as well? Cheers
The address is on the letter alongside a phone number too. The phone number is the bailiffs though so guess I could ring the court to verify the letter. Seems pretty genuine though as the amount on my report is £80 or so less than the amount on my warrant, which would indicate I've been charged a fee for it being issued.
I've not had any recent debt letters other than one from the same company in January (which correlates to my credit report), but I didn't open it. Well that isn't entirely true as I have spoken to a couple of creditors recently but I definitely haven't ignored any. I don't ever ignore phone calls or anything either as my childs school rings on a withheld number so they haven't attempted to ring me or anything either, like my other creditors have.
I'm going to ring them tomorrow and try and see who the debt is. Even if it's definitely mine I've no spare money until next Friday, unless they can accept £5 token payment or something for now.
---------- Post added at 20:59 ---------- Previous post was at 20:56 ----------
The address is on the letter alongside a phone number too. The phone number is the bailiffs though so guess I could ring the court to verify the letter. Seems pretty genuine though as the amount on my report is £80 or so less than the amount on my warrant, which would indicate I've been charged a fee for it being issued. That does sound right, providing you tell them your current financial circumstances and offer what you can each month then you will be ok :) Cheers
bottleblond
05-04-17, 22:18
keeKee
I highly doubt any company you are making "Token payments" to would call in the bailiffs. By a company agreeing to a token payment means they are satisfied that the amount agreed is all you can afford unless your circumstances change.
Also I've never heard of a Catalogue company calling in the bailiffs 8 years later. They would usually write the debt off after 5 years as most companies would do with small debts.
So man scams out there these days.
xx
MyNameIsTerry
06-04-17, 06:48
keeKee
I highly doubt any company you are making "Token payments" to would call in the bailiffs. By a company agreeing to a token payment means they are satisfied that the amount agreed is all you can afford unless your circumstances change.
Also I've never heard of a Catalogue company calling in the bailiffs 8 years later. They would usually write the debt off after 5 years as most companies would do with small debts.
So man scams out there these days.
xx
It does happen. I used to work for a multinational and there were plenty of times a debt was sent to an external collection agent in error. Also, someone would come along and review the payment arrangement, decide it was too little (even though their colleague previously agreed it) and send it back out for external collection. The agents are often being paid to set up a payment arrangement but to them, the debt is considered "sold on".
The amount of times I've seen, or dealt with complaints, where a moronic collection team member screwed up like this...
If it's a sod up, the original company can easily recall the debt and the external agent is no longer involved.
---------- Post added at 06:48 ---------- Previous post was at 06:43 ----------
I will ring them tomorrow as it says they are only open 9-11am. My ex wouldn't ever get debt in my name, it's obviously mine I just don't know why they've contacted me out of the blue after years. I've checked my credit rating and had a ccj issued against me in January so guess it's that. I guess I will have just binned the letter if it looked like spam and to be fair 'Capquest Investments' isn't a letter I'd usually open, sounds like some kind of gambling to me. I only open letter I know of because we get lots of spam here.
We didn't have any joint accounts or anything and he is the kind of person who wouldn't spend a penny more than he needs to, he certainly wouldn't get debt.
I only got it as it was my 'post natal depression' stage and I was on a high. Certainly regret it all now.
They appear to be a debt collection agency, reading through their customer service BS. They work for mortgage lenders, utility companies, etc.
So, they either they have been brought in to collect a debt on behalf of another company you owe to or another company you owe to has sold the debt on.
You need to call them. First ask what it's for, who passed it to them, etc. Mistakes get made in these processes so always scrutinise it first. And by mistakes I mean the originating company cobbling something up and the debt agency not knowing. The debt agency will have minimal details about what it's about.
A CCJ is through the court. Yes, mistakes happen but a "scam" CCJ? Well I guess it's possible if a company wants to risk a prison sentence for blagging a magistrate.
This company have been around 25 years on their site. A quick company check shows 12 without further delving about any previous names.
Is there any threat of a warrant involved? Rights of Entry (RoE), for instance. I ask about RoE because they can be served without you even being there (although you are notified beforehand e.g. we are coming to fit a prepayment electric meter because you won't clear a debt on your pay quarterly/monthly bill) and whilst you can appear at the court hearing for the signing, these are common place processes that a magistrate will just sit signing one after the other so I doubt many people show up.
It's a warrant of control, basically saying I need to pay that amount by next week or a bailiff will visit me. I know I don't need to let them in though in this instance. I don't answer the door to anybody anyway unless I know I'm expecting somebody and my door is always locked.
I've Googled and it says I can get the notice postponed or something like that but there is a fee and I'm struggling financially at the moment anyway and with my tribunal approaching my relatives will be reluctant to lend me money as I can't pay a penny back if I lose the appeal.
I'll try to ring CAB again this morning before I ring them. I highly doubt they'll accept a small payment on such a large amount though, but worth a try
MyNameIsTerry
06-04-17, 08:04
You've got 7 days to postpone it with the court, for a fee. Otherwise, it's a 12 month order and they can come whenever they want.
Definitely trace it back. These people will be seeking payment or goods for auction.
The CAB website is really good and will explain your options.
I think your circumstances are what you need advice on as they may need forcing into an agreement for lower payments. That's surely a lot of money to you. The CAB might advise making a payment plan to put to the court or the creditor, rather than the bailiffs, as they may be more flexible and appreciative of your circumstances.
I hope you get some good news, preferably that's it's BS so it goes away.
Thanks Terry. I've rang CAB and somebody is going to ring me back within the next 2 working days to speak to me about my debt. I'm still really worried though as if they ring me on Monday that only gives me 3 days to attempt to sort it.
I'm going to ring the bailiffs office to see if they can tell me who the debt is for.
I'm sorry Keekee. x
It smelt of a rat to me when I read it and really believed very old debts were written off.
Good job Terry has jumped on the thread and given you some good advice. x
Ah it's fine Carnation I thought so too. I've just rang the bailiff and it's with a phone company and the original date was 2007. I've been given the number of the creditors solicitor to get more information. I'm not sure whether to ring and investigate, or to wait for CAB to call me back. I do recall getting a contract when pregnant but don't understand why I'd stop paying as I've always felt lost without a mobile as I use it as a distraction when out in public alone.
Hi KeeKee so is this new debt that has come to light in 2007, has any of it been paid off. was it a mobile phone contract if so and the contract is nearly over get a PAYG sim much better and you cant get in to more debt :) Hope you will have some good news at the end of today :) Cheers
t0rt01se36
06-04-17, 12:14
KeeKee, sorry you are going through this awful situation.
Are you able to visit a CAB office?
Hi KeeKee so is this new debt that has come to light in 2007, has any of it been paid off. was it a mobile phone contract if so and the contract is nearly over get a PAYG sim much better and you cant get in to more debt :) Hope you will have some good news at the end of today :) Cheers
Yes it will have been a phone contract. I will have paid it as I've always had a mobile phone contact. The only thing I can think of is when my contact ended perhaps I went and got a new one within cancelling that one.
Either way looks like I owe the debt, it's finding a payment that they'll accept that is the problem. I've worked out that if I lose my ESA appeal I'm not going to be able to afford clothes at all, not even some cheapy jeans, so no idea how I'd fork out money to pay off this debt. It's such a nightmare as I've only 2 ESA payments left before my appeal and I'm desparate for clothes. I owe my own daughter £200, feel like a right failure.
---------- Post added at 13:02 ---------- Previous post was at 12:58 ----------
KeeKee, sorry you are going through this awful situation.
Are you able to visit a CAB office?
Thanks. I'm awaiting a call back from them to discuss my debt, my local CAB is appointment only. Hopefully I'll hear from them soon.
Thought I was doing well lately though. Getting out of rent arrears, making arrangements with my other creditors, I don't spend outside of what I have, only borrow from others for 'essentials'.
MyNameIsTerry
06-04-17, 14:15
I'm sorry Keekee. x
It smelt of a rat to me when I read it and really believed very old debts were written off.
Good job Terry has jumped on the thread and given you some good advice. x
Well now it does sound dodgy to me, Carnation. Not the bailiffs but a mobile phone company selling a debt 10 years old?
KeeKee - you mentioned the CCJ was by the bailiff on your credit record? This suggests it was sold fairly recently to them. That means the mobile phone company should have been chasing you for the debt all those years.
This smells like a load of aged debts sitting on a ledger that someone has suggested they sell off so they get a % from the external agency straight away. I've seen this done at companies and it's usually because they are inefficient and someone is having an improvement drive.
You need to get a breakdown as there could be all sorts of added charges involved by the mobile phone for defaulting but how much of that is automated charges and potentially interest, when they haven't even been pursuing it?
I would also question whether this should be a write off given the age. Ask the CAB about that. Companies sometimes chance their arm to see who pays up without questioning things when when they know it's dodgy. My last multinational did that plenty of times, one reason why they were frequently at the top of the industry complaint charts... and this was a company advertising on TV most days. :noangel:
---------- Post added at 14:07 ---------- Previous post was at 13:52 ----------
Thanks Terry. I've rang CAB and somebody is going to ring me back within the next 2 working days to speak to me about my debt. I'm still really worried though as if they ring me on Monday that only gives me 3 days to attempt to sort it.
I'm going to ring the bailiffs office to see if they can tell me who the debt is for.
Just remember that Sunday's are exempt from the warrant notice 7 day period, as are bank holidays too. I'm not when the start of the 7 days begins though, presumably the date received.
---------- Post added at 14:15 ---------- Previous post was at 14:07 ----------
KeeKee, before I even finished reading to the end, I was thinking this sounds like a scam. I've heard of this happening to people quite a lot.
Firstly, it is unusual to chase a debt that is 8 years old. There is a time limit that you can chase a debt anyway and I think it is 7 years, but would have to check on that.
Normally a debt would be chased within the first few months of non-payment, not that long.
As you say, phone the Court and see what they say. x
6 years, 5 in Scotland until it's statute runs over. It's different for certain types of debt though.
https://www.citizensadvice.org.uk/debt-and-money/help-with-debt/responsible-for-a-credit-debt/check-if-youre-responsible-for-a-credit-debt/
Looking at the date, unless there is a load of contact or payments KeeKee has forgot about, that CCJ never should have happened and it's a dodge possibly by the bailiffs to claim debt that the creditor never should have sold. But it is possible the creditor caused that by telling get them a date within the statue time.
Rather than wait, call the National Debt Hotline. The CAB are seriously understaffed in some areas so take some time. The NDH are specifically for this stuff.
I checked that CAB link and it states not to contact the creditor if the debt could be statute barred so I'll hold off contacting them for now. I'll give the national debt line a call too and see if they have any advice.
Yep, the CCJ is showing on my report as issued January this year.
Knowing my luck it will have been 5 years 11 months since they last had contact with me haha.
---------- Post added at 14:40 ---------- Previous post was at 14:38 ----------
Thanks again for responding
MyNameIsTerry
06-04-17, 14:50
Good luck. It sounds iffy of the creditor to me. NDH might tell you to notify the bailiff of it being too old while you contact the court because if it is, that CCJ is an error because the court have been given incorrect information so it needs to come off. Definitely let them tell you how to approach it, or the CAB. I'm just thinking NDH might be quicker.
When I saw the thread title, a little voice in my head said "well that will sort out the multi gym problem!" Naughty I know.
Haha, very naughty.
I'll ring the national debt line shortly as they're open until 8 according to their website.
Hopefully I can get this out of the way then my credit rating may improve (not like I'd ever get credit again, but my twisted mind has been fantasising about getting plastic surgery).
almamatters
06-04-17, 15:28
Sorry I can't offer any advice KeeKee as I don't know about this, but hope you are ok, sorry you have this added worry :hugs:
Haha, very naughty.
I'll ring the national debt line shortly as they're open until 8 according to their website.
Hopefully I can get this out of the way then my credit rating may improve (not like I'd ever get credit again, but my twisted mind has been fantasising about getting plastic surgery).SO lets get up to speed on this yes it's a mobile contract you had are you still on contract mobile> if you are there's no way a new contract would be set up till the old one had ended payed off? Even with a new provider Hmm it's no use you telling the bailiffs that its old debt they just try and get the money back. If how ever it is a really old debt and mistakes have been made by only just contacting you about it really should be written off IMHO not sure if you have good case for that buy you never know :)Hope this mess is sorted for you soon it's real stressful time something you don't need right now :) Cheers
Sorry I can't offer any advice KeeKee as I don't know about this, but hope you are ok, sorry you have this added worry :hugs:
Thank you very much almamatters :-)
KeeKee, before I even finished reading to the end, I was thinking this sounds like a scam. I've heard of this happening to people quite a lot.
Firstly, it is unusual to chase a debt that is 8 years old. There is a time limit that you can chase a debt anyway and I think it is 7 years, but would have to check on that.
Normally a debt would be chased within the first few months of non-payment, not that long.
As you say, phone the Court and see what they say. x
Yes, I would tend to agree with this very wise member. She has a very good bullshit meter.:)
Bigboy I do currently have a sim only contract and have always had a contract since I got that first one.
I've just rang the debtline and they gave me a bit decent advice. Told me I could request for the judgement to be set aside in accordance to the limitations act but he said if I'd made a payment within 6 years then not only would I still have to pay it, but I'd also have approx £250 extra added onto my debt.
My other option is to come to some kind of agreement with the creditor.
I'm not sure what to do. If I get that extra added it will be over £850, given my crappy financial situation I'll no doubt be paying it off for years and years. I don't recall them contacting me in recent years, I'm certain they haven't in the 4 years I've been out of work and not studying, because then I would have set up some kind of arrangement.
I don't really know what to do. I mentioned that my financial situation could also change in 4 weeks if I lose my appeal and he said to wait for my money to be sorted before I made an agreement. But that's 4 weeks away and I'm not sure how to keep them off my back for 4 weeks. He did say under no circumstances are the bailiffs allowed to force their way into my house though, so that's one good thing. I have to admit though a potential visit is terrifying, even if I don't answer the door. He said county court bailiffs are usually easier to deal with that private ones though, so I'm lucky in that respect.
He also said I should have received a court pack prior to all this, which I certainly don't recall. I don't open letters that look like spam, but anything with court or something on I would definitely open, that's how I opened this as it specifically had county court on the envelope and I thought it was in regards to my appeal. He said I could mention that I'd never received it
Ha ha Noivous :roflmao:
Sorry, Keekee, I know this is a serious situation. x
I think you might need Terry's opinion on this again. :shrug:
What I do know, is if you pay anything, no matter how small, you end up in a binding contract and then liable to pay in full any monies due no matter what it is.
I still think it is a scam and the worry is, if you ignore it, it may still become a case under false info fed to the court. I think you need as much outside advice as you can get and I would deal directly with the court itself. Personally, I don't think you are liable anymore, but you need to know that for definite and even have something or someone put in writing that this 'debt' is no longer outstanding from you. x
Bigboy I do currently have a sim only contract and have always had a contract since I got that first one.
I've just rang the debtline and they gave me a bit decent advice. Told me I could request for the judgement to be set aside in accordance to the limitations act but he said if I'd made a payment within 6 years then not only would I still have to pay it, but I'd also have approx £250 extra added onto my debt.
My other option is to come to some kind of agreement with the creditor.
I'm not sure what to do. If I get that extra added it will be over £850, given my crappy financial situation I'll no doubt be paying it off for years and years. I don't recall them contacting me in recent years, I'm certain they haven't in the 4 years I've been out of work and not studying, because then I would have set up some kind of arrangement.
I don't really know what to do. I mentioned that my financial situation could also change in 4 weeks if I lose my appeal and he said to wait for my money to be sorted before I made an agreement. But that's 4 weeks away and I'm not sure how to keep them off my back for 4 weeks. He did say under no circumstances are the bailiffs allowed to force their way into my house though, so that's one good thing. I have to admit though a potential visit is terrifying, even if I don't answer the door. He said county court bailiffs are usually easier to deal with that private ones though, so I'm lucky in that respect.
He also said I should have received a court pack prior to all this, which I certainly don't recall. I don't open letters that look like spam, but anything with court or something on I would definitely open, that's how I opened this as it specifically had county court on the envelope and I thought it was in regards to my appeal. He said I could mention that I'd never received itThe thing is even with spam letters they don't know you have opened them (so you can open them) then at least if you receive something in a similar envelope the return address is always on the back then you don't need to open it. I would seriously talk to the creditor and say as far as you know you haven't received any letters. As for the contract sim if you can ditch it and get a PAYG sim especially if its not a fixed term contract. Have the CAB contacted you yet? Cheers
Carrie8484
06-04-17, 22:50
Kee kee there is a very well know website about money saving (not sure if web addresses are allowed on here)you should check out if you have t already as they have excellent forums that deal with these types of issues. There is also the consumer action group website again very useful. There are debt experts on these sites who will answer your questions while you are waiting to speak to CAB.
Kee kee there is a very well know website about money saving (not sure if web addresses are allowed on here)you should check out if you have t already as they have excellent forums that deal with these types of issues. There is also the consumer action group website again very useful. There are debt experts on these sites who will answer your questions while you are waiting to speak to CAB. Carrie I am sure web addresses is allowed if they arent the mods would remove it anyway :)
MyNameIsTerry
06-04-17, 23:36
The thing is even with spam letters they don't know you have opened them (so you can open them) then at least if you receive something in a similar envelope the return address is always on the back then you don't need to open it. I would seriously talk to the creditor and say as far as you know you haven't received any letters. As for the contract sim if you can ditch it and get a PAYG sim especially if its not a fixed term contract. Have the CAB contacted you yet? Cheers
Contacting the creditor makes you liable. Need to be really careful here.
The first thing needs to be a breakdown of that debt to understand the age. If the bailiff has been sold a debt older than the statue states, the court need to know to reverse that CCJ and that debt needs writing off which the bailiff will be kicking the creditor for with them being sold the debt.
Waiting 4 weeks is a bad move to me, after 7 days that warrant becomes valid and threw bailiffs can turn up any time for 12 months. But you have to be careful over contact to avoid admitting liability and maybe it needs to be disputed at the court?
KeeKee, is there any chance of post being hidden or binned by your BF?
---------- Post added at 23:36 ---------- Previous post was at 23:33 ----------
Kee kee there is a very well know website about money saving (not sure if web addresses are allowed on here)you should check out if you have t already as they have excellent forums that deal with these types of issues. There is also the consumer action group website again very useful. There are debt experts on these sites who will answer your questions while you are waiting to speak to CAB.
That's probably MoneySavingExpert. That forum gets a lot of people from inside the industry posting to help...I used to be one on one of the boards before I came here and could spot insider knowledge that was not known outside certain circles.
KeeKee I'm really sorry to hear you're going through this very worrying situation. That sounds like more reassuring info from the debtline though? This thread caught my eye as I've had emails from a debt collection firm representing Kwik Fit car insurance for the sum of £138. No letters, just emails, the last one stating 'Notice Before Action'.
MyNameIsTerry
06-04-17, 23:56
KeeKee I'm really sorry to hear you're going through this very worrying situation. That sounds like more reassuring info from the debtline though? This thread caught my eye as I've had emails from a debt collection firm representing Kwik Fit car insurance for the sum of £138. No letters, just emails, the last one stating 'Notice Before Action'.
From working in large companies I've always seen processes that make a few letter attempts to chase and then the pass the debt to a debt collection agency. For "live" debt (ongoing contract, for instance) they use the agency to use their better methods to get a payment arrangement. With "closed" debt (contract ended so no longer a customer, for instance) they sell it off and the agency deal with it all and get direct payments.
Agencies trace people and are less concerned with their customer service compared to a company who are more careful as customers will be warned off by over the top debt chasing as it causes a lot of complaints in industries, which may feature in league tables (like the energy sector).
Thank you all so much for replying.
Carnation that's right and if it could be statute barred, then I'd rather wait and not pay any of it. The person at debtline told me to contact some lawyer for legal advice, he gave me the name I've wrote it down can't remember it right now but said they should be able to offer free advice. I'll see what they say.
Bigboy my contract is up but sim only deals are much better value that PAYG, I'm on my mobile pretty much from morning til night. CAB haven't contacted me yet, they said 2 working days which could take me to Monday. I don't read spam as we get so much of it it does my head in. I seldom get letters of importance and when I do it's usually a brown envelope. My phone bill isn't on paper, nor is my bank statement etc. However I'll have to read them now unless I'm certain it's spam (sunlife for example, sick of those haha).
Carrie I know who you mean. I'll pop onto their site after the school run. I think one of the posts I read about Capquest was on there if I remember correctly.
Terry my ex didn't touch the mail. I was responsible for all that stuff. I'm going to ring that free legal advice place and see if they can advise me on how to get a full breakdown on the debt and when I last made a payment. I'm thinking perhaps I took out a contract in 2007, but then upgraded in 2008 (my first few contracts were 18 months), then maybe didn't cancel so the last date of payment could have been more recent.
Thanks Fishman65, have you used Kwik Fit before? If not I'd guess it's just a dodgy email, but you need to know don't you.
Thanks you all so much for responding to me. I've tried talking to relatives about it and they don't even seem bothered even though I'm worried sick. Had a terrible night last night. I know it's not a significant debt and I'm sure that I can come to some agreement if I am liable. The bailiff said he'd be looking at £100 a month. I'm currently paying £1 a week for a debt over £1000 so was hoping to pay a similar amount to them.
Thank you all so much for replying.
Carnation that's right and if it could be statute barred, then I'd rather wait and not pay any of it. The person at debtline told me to contact some lawyer for legal advice, he gave me the name I've wrote it down can't remember it right now but said they should be able to offer free advice. I'll see what they say.
Bigboy my contract is up but sim only deals are much better value that PAYG, I'm on my mobile pretty much from morning til night. CAB haven't contacted me yet, they said 2 working days which could take me to Monday. I don't read spam as we get so much of it it does my head in. I seldom get letters of importance and when I do it's usually a brown envelope. My phone bill isn't on paper, nor is my bank statement etc. However I'll have to read them now unless I'm certain it's spam (sunlife for example, sick of those haha).
Carrie I know who you mean. I'll pop onto their site after the school run. I think one of the posts I read about Capquest was on there if I remember correctly.
Terry my ex didn't touch the mail. I was responsible for all that stuff. I'm going to ring that free legal advice place and see if they can advise me on how to get a full breakdown on the debt and when I last made a payment. I'm thinking perhaps I took out a contract in 2007, but then upgraded in 2008 (my first few contracts were 18 months), then maybe didn't cancel so the last date of payment could have been more recent.
Thanks Fishman65, have you used Kwik Fit before? If not I'd guess it's just a dodgy email, but you need to know don't you.
Thanks you all so much for responding to me. I've tried talking to relatives about it and they don't even seem bothered even though I'm worried sick. Had a terrible night last night. I know it's not a significant debt and I'm sure that I can come to some agreement if I am liable. The bailiff said he'd be looking at £100 a month. I'm currently paying £1 a week for a debt over £1000 so was hoping to pay a similar amount to them. Hi KeeKee I presume you shop around for a good deal! ;) can I ask how much you pay a month? Iam on Voda £10.50 per month 1000 mins unlimted texts and 2GB of data that hardly gets used as I hate using the internet on a mobile especialy for forum and email use.as for companies there is a website called: www.badnumbers.co.uk (http://www.badnumbers.co.uk) where you simple type in the number on a letter etc and click search and it will say if its spam number or not with details so perhaps worth a look in your case and for future reference for you or any one else who is not sure about certain telephone numbers :) Hope you are making some head way KeeKee :) Cheers
Thanks bigboy I'll have a look on that site.
I pay £19 a month for 8 GB, I'm on the Internet constantly, whether it is YouTube, here or just general browsing. I also get minutes and unlimited texts but I only make phone calls if it's vital as I hate being on the phone.
Thanks bigboy I'll have a look on that site.
I pay £19 a month for 8 GB, I'm on the Internet constantly, whether it is YouTube, here or just general browsing. I also get minutes and unlimited texts but I only make phone calls if it's vital as I hate being on the phone. Welcome :) Hmm that's not too bad but do you use the full amount (8GB) My surfing wether it's on my Pc stick (pluged in to my tv) or via my mobile is £2 a month!! unlimited broadband Got a great deal with PlusNet but I have my line rental and a phone call package with them too so total bill per month is around £25 :) so I am happy with that. Cheers
It varies month to month. I'm happy with my contract though.
I've just rang a number and they couldn't give me advice so give me a couple of other numbers but it's legal advice I need at the moment, not debt advice.
If my debt isn't statute barred I know all I'll need to do will be provide them with an income and expenditure and offer an amount, but I need to know how I'd find out if it's statute barred. I have the number of their solicitor but I'm scared to ring in case it resets the whole 6 year thing.
If you haven't got one already Equifax give you a 30 day trial to look at your credit report and you'll be able to see in detail what credit is held against your name. After that it is £14.99 a month which is outrageous so if you do use it remember to cancel. You can use Clearscore for a more general credit report going forward; that's free.
Knowing everything against your name will really help you manage the debt. Although I guess you thought you knew everything in the first place!
Also (and I'm sure you really want another company to contact, so maybe hold on for a bit while you sort this out) when I worked in debt collection (called me a ******* if you'd like, I certainly felt like one) we recommended CCCS (https://www.credit.org/cccs/) as a company who can help you manage debt. They look at the debt and your income and then create a payment plan to help. They take into account spends on food, clothes, rent etc. and then sort out a plan. They might even contact creditors for you, but I am not certain (and it has been years since I got out of that goddamn job!)
Keekee Very quickly ( iam off to my changes meeting) reading back a few posts you mention a £1000 debt this payed off yet? Anyway phone a local solicitor and have quick call with them just to get some advice as what to do next Ok good luck :) Cheers
Thank you for all that info Kuatir. I've had a free credit report from them but it was many years ago, so wonder if I'd be entitled to another. I'll have a look. I have checked my report with Noddle, but the CCJ doesn't give any further information other than 'Capquest'.
This is my only 'real' debt (assuming I'm liable), I have debt with two other companies but have had a payment plan set up for years.
I've just been on live chat to CAB and they think I should wait for my call back before taking further action. A minor issue is that my income could change in just under 4 weeks due to an ESA appeal. I've been told I can ask for the judgment to be removed and then it would go back to how it was before the CCJ was issued, I might do that then go from there (obviously see what CAB say first).
---------- Post added at 13:15 ---------- Previous post was at 13:14 ----------
Keekee Very quickly ( iam off to my changes meeting) reading back a few posts you mention a £1000 debt this payed off yet? Anyway phone a local solicitor and have quick call with them just to get some advice as what to do next Ok good luck :) Cheers
No it isn't paid off I have a payment plan. I pay £1 a week. It's been set up for as long as I can remember. Can solicitors give free advice over the phone? I never knew that. I'll Google local solicitors. Thank you
I don't think you will be able to call a solicitor for free???? does any one else think so?
Good Luck KeeKee x
Carrie8484
07-04-17, 13:58
I don't think you will be able to call a solicitor for free???? does any one else think so?
Good Luck KeeKee x
You can sometimes have brief, free consultations with solicitors. My sister had one in person and my mum had one over the phone with different solicitors . both free.
Sometimes they are willing to give out a bit of free advise to people in need.
I don't think you will be able to call a solicitor for free???? does any one else think so?
Good Luck KeeKee x
Thank you Magic :-)
Ok so I've just checked my credit report again and I've had a contract with three since June 2011. I've never been without a contract since my first one in 2007, so I'm guessing I went straight from that one, to three. So looks like it probably isn't statute barred after all.
Think I'll apply to have the warrant suspended. Then come to an agreement with the creditor. Damn, how can a mobile contract get upto £600! I bet it's mostly charges as I'd never just abandon a contract mid way or anything.
Thank you to all who have applied.
---------- Post added at 14:11 ---------- Previous post was at 13:59 ----------
Haha i meant replied
This situation you have got must be driving you mad. Talk about Stress!!!! hope it gets sorted asap XXX
ServerError
07-04-17, 14:26
KeeKee - you've had so much to deal with. A lesser person would have crumbled. Fair play to you for ploughing on.
Although this about your debt issues, I just wanted to ask what support you're receiving. Apologies if you've spelled this out elsewhere. I'm aware you struggle with BDD and have had a hard time with your partner. It's a hell of a lot to deal with. Despite all this, I still believe you could live a better, happier life. It is possible. I just hope you get the help you need.
Thank you Magic, it really is. But I guess it's something I've brought on myself, even if the debt was statute barred it was still my debt originally.
Thank you ServerError. I'm currently awaiting therapy, my GP is writing them a letter as they told me they can't offer me anything else but my GP has said that's not true and they are basically the 'go-to' people. So hopefully I'll hear soon.
I do feel like if I could get over my low self image, I would be happier. It's an obsession I cannot seem to overcome and it's increased loads since separating from my partner. I fantasise about plastic surgery and all sorts. However, hopefully therapy focused mainly on my BDD can help overcome that as my previous therapists didn't really know how to deal with it.
Thank you all so much for your support and kind words.
Please don't sell yourself short friend. It's a big world and it sounds like you have a lot to offer. In the big picture your debt is actually rather small. A gambler friend of mine lost his house to the bookies. Another had to pay $500 a week for 18 months - and they don't ask you to pay they tell you. And as for plastic surgery stay away at least until you know you are doing it for the right reasons. And even then take a look at some of the botched jobs before you go under the knife.
N.
KeeKee I will say the same get your low self esteem and image sorted, then think hard after that do I really need plastic surgery honest beauty is only skin deep, it what's inside that really counts :) Save your money for a few new outfits etc Glad you dr is seeking other therapies for you so just wait and take on a new you :) XX cheers
Keekee, just wanted to say that you can get free advice from a solicitor if you go through the 'Citizen's Advice Bureau', they will give you the name and number of ones that will give you free advice over the phone. x
MyNameIsTerry
07-04-17, 21:21
Thank you Magic :-)
Ok so I've just checked my credit report again and I've had a contract with three since June 2011. I've never been without a contract since my first one in 2007, so I'm guessing I went straight from that one, to three. So looks like it probably isn't statute barred after all.
Think I'll apply to have the warrant suspended. Then come to an agreement with the creditor. Damn, how can a mobile contract get upto £600! I bet it's mostly charges as I'd never just abandon a contract mid way or anything.
Thank you to all who have applied.
---------- Post added at 14:11 ---------- Previous post was at 13:59 ----------
Haha i meant replied
This still doesn't sound right to me. A mobile phone company with a debt that high that haven't been chasing you since 2011? And now, without any contact, they sell your debt to an agent who applies straight for a CCJ?
I know what it smells like. A shite company sitting on it's debt ledgers and then suddenly having a purge before they become time barred. Then a company going straight for the CCJ so they can pursue it before it expired.
This is clearly complaint territory against the creditor. No contact, then this? And what charges have they applied before passing the debt off? If they haven't been actively trying to collect that debt and just adding charges, they may be waived in a complaint.
Not contacting you all those years also plays in your favour in terms of write off or reduction as well as a lower payment plan. I'm not sure about the mobile phone industry as I never did much in it (it was my first job) but in the utility sector a case like this would likely be resolved as a complaint trying stop you taking it to the Ombudsman, where we would be on shaky ground.
Did they really port your number to 3 with a big debt?
Terry / Keekee, I had a serious debt with a mobile company a long time ago and they jump on you immediately. In my case the phone supplier was phoning me constantly, even at night. I was going through a divorce at the time and all money was frozen and I was out of work at the time and had to go and live with my mum and dad.
They had to wait nearly a year for the money and the interest built up over that period and it was paid out of my divorce settlement.
What I am saying is there was constant communication from the phone company and they couldn't take anything form me, because I didn't have it.
And the point is, there doesn't seem to have been any communication here with Keekee and the company who are chasing the money.
So, I stand by my original statement, that I smell a rat here.
MyNameIsTerry
08-04-17, 05:26
That sticks out for me too, Carnation. The mobile phone industry is very simple and very efficient in terms of billing. You buy the phone/contract and it starts, when you leave they just have to close the billing and maybe send a pro rata afterwards or just any calls that hadn't hit the bill before the end date.
I left Orange with a small pro rata & calls for about £20 many years ago. I had the usual couple of follow up letters but I was so busy I forgot. Then 2 years later I get a final demand. It does happen where companies aren't putting enough resources into it and ledgers build up but my amount was piddly. Given KeeKee's bill they would be all over her.
This is why she needs to find out exactly what they did and what that bill is for. The bill could be full of charges for non payment and interest. Companies try it on and rip customers off, my previous time helping on MSE saw a fair number of those and I saw it from the inside at my last employer with senior managers forcing staff to chase aged debt even when their charters said they wouldn't or even the regulator having legislation in place stating they can't. But the thing is, the utility sector is incredibly complicated (far more than the phone industry) and it's not uncommon to see a customer not billed for years (I've seen 8 years before) and then stupid attempts to whack a huge bill on them.
If KeeKee is at the same address, they have less ground to argue they couldn't find her. If she has been on the Electoral Roll through, again less ground (although use of the roll did reduce years ago but it's certainly back since the government asked us about opting out). So, where have all the letters been?
I strongly suspect this is about a ledger with lots of customers on that no one has been chasing for years. A new boss comes in, or managers are found to be turning a blind eye, and suddenly customers start getting bills. I've seen this happen in my last sector a few times and it was a complaint starter that led to new policies about how far back customers could be billed inside the statute...but our bills were more thousands.
I wouldn't be surprised if that bill was substantially less and it's bloated with charges, even when they haven't been sending letters. And debt letters are automated and have been in any decent company for decades. And a debt that high would be worth chasing at my old company, and our debts were higher due to the nature of the sector.
There is a chance here that the bailiff has been just given an aged debt and they won't know anything about all the crap that's gone wrong. It's not their problem because the creditor is expected to ensure the debt is valid before passing it. Then this debt company approach the court for a CCJ with a bog standard case of an aged debt. The court have agreed and granted the CCJ.
Bailiffs and debt collectors will be used to creditors stuffing the debt up. .I can remember having loads of incorrect debts out to collectors being recalled at my last company. Debt teams haven't usually got experience of more complex problems but the mobile industry is pretty clear cut by comparison to utilities.
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