Set aside rules PLEASE HELP ME

[Pretzel]

Re: Set aside rules PLEASE HELP ME

Apologies had to go out.

I would suggest you put pen to paper and inform DCBL of your present situation advising that it is causing your stress and that you should be treated as a vlnerable person for the purposes of enforcement. You would need to provide proof of this and would suggest you ask your midwife if she will write a note/repost for you. It doesn't necessarily have to go with the letter but if you explain further details are being sought then it can be sent at a later date - probably within 2 weeks. You should also explain that Stay of Execution against them and hold them fully responsible for anything untoward that may happen - the chances are a Judge will not be happy if they have been previously warned of your situation.

This doesn't make the debt disappear but should give you sufficient time to sort everthing out with your Creditor. I accepted then it should halt any further enforcement action for approx 3 moths after the twins are born. Normally it is held that unless there are problems then vulnerability will not be accepted until the mum to be enters the 3rd Trimester.

Thank you I will send something out recorded delivery on Monday. I already have lots of letters and reports because I have been in hospital for so long so I will send those too and I see what happens. The creditors will not dialogue with me. I offered a payment plan and they refused to even discuss it before sending the matter to bailiffs. They just said they want payment in full. Would I be able to get a variation by the courts?if I send in my situation? I will soon be on maternity leave receiving SMP my situation will be changing drastically very soon.

[Pretzel]

Re: Set aside rules PLEASE HELP ME

Are DCBL not the HCEA in the TV series "Can't Pay"?
They be seem to consider that they are a law unto themselves.

1. They have no right of entry, for any items outside get proof that others own them.

Others may be able to give advice.

I have no items outside I live in a tower block. I honestly feel like letting them in. My children don't even have electronic gadgets. We have no TV, just a broken fridge I tape up, a cooker and washing machine, beds and clothes. And my mobile phone. What could they take? Could they falsify documents saying I own things I don't? I'm honestly on the brink of losing it. I haven't eaten all weekend My babies aren't even moving properly.

[wales01man]

Re: Set aside rules PLEASE HELP ME

PLEASE PLEASE GET HELP FROM A DOCTOR OR FRIEND NOW You do not have to be stressed put the welfare of yourself and family first get some one to help you through this if you need advice come on here

[ploddertom]

Re: Set aside rules PLEASE HELP ME

Yes you can apply for a Variation Order allowing for instalments at a rate you can afford. This is done on Form N245 - cost £50 and again you may claim for a reduction in the fee. Normal practice is that any offer is sent to the Claimant and if they refuse or say they want more then a Judge can decide on what is payable. They can also apply to have the payments increased but you can also argue you can pay no more than originally ordered.

[Pretzel]

Re: Set aside rules PLEASE HELP ME

Yes you can apply for a Variation Order allowing for instalments at a rate you can afford. This is done on Form N245 - cost £50 and again you may claim for a reduction in the fee. Normal practice is that any offer is sent to the Claimant and if they refuse or say they want more then a Judge can decide on what is payable. They can also apply to have the payments increased but you can also argue you can pay no more than originally ordered.

I will send the letter to DCBL and send the variation order request to the court. Stating my situation. I had prepared all the documents for a set aside but became so worried it would fail and that £255 could go down the drain. This whole mess just seems so crazy to me. But I guess it's the consequences of putting off repaying a debt.

[Pretzel]

Re: Set aside rules PLEASE HELP ME

PLEASE PLEASE GET HELP FROM A DOCTOR OR FRIEND NOW You do not have to be stressed put the welfare of yourself and family first get some one to help you through this if you need advice come on here

I really have no one to turn to. No one understands why I am so upset about the issue, I've been told to ignore them and not open the door. But I want to pay the debt. I'm not worried about the CCJ as I hate debt so never apply for credit for anything. What I worry about is having strangers knock on my door and intimidate me and my children. I've fled where my family lives due to domestic violence so I don't even have a friend living in my locality. I honestly felt like jumping from my window last week. I don't want to speak to my GP because I'm scared it will affect my children and thy will say I can't cope. It's jut awful. I've tried speaking to charities to no avail. I don't know how people do it, I've read people saying they have 10's of thousands of pounds in debt and they aren't as shaken as me. I'm really struggling.

[Amethyst]

Re: Set aside rules PLEASE HELP ME

As Ploddertom says, if you don't want to do the set aside application then you need to put the N245 in, you may be able to apply for fee exemption too rather than having to find the £50. This will put the warrant on hold and the court can consider your offer and income/expenditure and make an affordable installment arrangement. http://formfinder.hmctsformfinder.ju...k/n245-eng.pdf is the form. Get that done and the EX160 here - https://www.gov.uk/government/public...-tribunal-fees - and get it taken in or posted to the court. If you can do a copy of it, and a covering letter saying you are currently pregnant and have young children, to send to the enforcement agents things should be put on hold. Did you get a copy of the judgment yet? If it was only handed down on the 23rd this all seems a bit previous as you'd have 14 days to pay anyway even with a forthwith order.

Main thing is make sure you look after yourself , your kids and the babies - you are all far more important than some nursery going all heavy handed and intimidatory on you. Just get the paperwork sorted and you can get back to concentrating on what matters Did you go in to see Citizens Advice ? They might be able to help you with the paperwork, and they might be able to find some support groups locally for you personally - is there a Salvation Army nearby ? they were fantastic when I was having tough times and really helped me get things straight. Otherwise you will have a health visitor after the babies come, and sometimes they can organise a bit of help - I had a volunteer lady come and visit me once a week for a couple hours, and she played with the older kids a bit so I could get some housework stuff done...or have a sleep. It was a little thing, but a bloody godsend at that time in my life. It's worth asking, there is help about but it can be a nightmare finding it sometimes, but good people do exist who want to help xxxx

[Pretzel]

Re: Set aside rules PLEASE HELP ME

As Ploddertom says, if you don't want to do the set aside application then you need to put the N245 in, you may be able to apply for fee exemption too rather than having to find the £50. This will put the warrant on hold and the court can consider your offer and income/expenditure and make an affordable installment arrangement. http://formfinder.hmctsformfinder.ju...k/n245-eng.pdf is the form. Get that done and the EX160 here - https://www.gov.uk/government/public...-tribunal-fees - and get it taken in or posted to the court. If you can do a copy of it, and a covering letter saying you are currently pregnant and have young children, to send to the enforcement agents things should be put on hold. Did you get a copy of the judgment yet? If it was only handed down on the 23rd this all seems a bit previous as you'd have 14 days to pay anyway even with a forthwith order.

Main thing is make sure you look after yourself , your kids and the babies - you are all far more important than some nursery going all heavy handed and intimidatory on you. Just get the paperwork sorted and you can get back to concentrating on what matters Did you go in to see Citizens Advice ? They might be able to help you with the paperwork, and they might be able to find some support groups locally for you personally - is there a Salvation Army nearby ? they were fantastic when I was having tough times and really helped me get things straight. Otherwise you will have a health visitor after the babies come, and sometimes they can organise a bit of help - I had a volunteer lady come and visit me once a week for a couple hours, and she played with the older kids a bit so I could get some housework stuff done...or have a sleep. It was a little thing, but a bloody godsend at that time in my life. It's worth asking, there is help about but it can be a nightmare finding it sometimes, but good people do exist who want to help xxxx

I have a GP appointment on Monday afternoon, and I'm still not sure what to say, I just don't want them thinking I'm going to hurt my children. I fear them just taking it as she can't cope take them away.

The judgement for the CCJ was handed down on the 13/10/2017 but all I've gotten is the notice saying I've got a CCJ there's no breakdown of what all the money is for apart from the fact there is a court fee added. Ive contacted the claimant to ask for a breakdown and they've refused to give me one saying I should contact the court for it, when I rang the court the lady said she can't see a breakdown. How are they able to get away with this? It's worst than a loan shark. They sent it straight to enforcement after getting the judgement because the enforcement company sent the letter out to me saying they got judgement on the 23/10/2017 that's 13 days exactly after the original CCJ.
i just think the right thing to do is to ask for it to be set aside. I don't owe them this money, I have a contract and invoices, I can barely make ends meet so having to pay these people nearly £2000 and having more money added on now it's gone to bailiffs is just daylight robbery. They aren't allowed to inflate the debt beyond what is legal. And this is what keeps me up at night, I'm wondering what if they say I owe more and more and more.

[ploddertom]

Re: Set aside rules PLEASE HELP ME

The most important detail to sort first is the HCEO as they will keep attending until such time they can be stopped. Even making an application for a Stay will not halt them until such time the Stay is granted. There is a method to deal with this but needs personal attendance at Court to ask for an urgent review.

[Pretzel]

Re: Set aside rules PLEASE HELP ME

The most important detail to sort first is the HCEO as they will keep attending until such time they can be stopped. Even making an application for a Stay will not halt them until such time the Stay is granted. There is a method to deal with this but needs personal attendance at Court to ask for an urgent review.

What is an urgent review? How do I go about seeking one? I am going to send the letter explaining my medical issue and current situation to the bailiffs but I've read that they often don't care about that anyway.

[ploddertom]

Re: Set aside rules PLEASE HELP ME

What is an urgent review? How do I go about seeking one? I am going to send the letter explaining my medical issue and current situation to the bailiffs but I've read that they often don't care about that anyway.

If you do write to the Bailiffs just get a Certificate of Posting from the Post Office, often they will refuse anything sent Special Delivery or Signed For.

If applying for a Stay of Execution it is better to submit the application in person at the High Court in London or at a County Court that also acts as a District Registry of the High Court - most inner city Courts act in this manner. You take the completed application in person - preferably when the Court opens - explain that it is for an urgent Hearing and in many cases a spare Judge can be found who will hear your case on the spot. Many are given an Interim Stay pending a further Hearing but t does stop the Bailiff attending or adding more charges. It may seem a daunting task but it is surprisingly easy to do and we can certainly help you with the forms and where to take them.

[Pretzel]

Re: Set aside rules PLEASE HELP ME

If you do write to the Bailiffs just get a Certificate of Posting from the Post Office, often they will refuse anything sent Special Delivery or Signed For.

If applying for a Stay of Execution it is better to submit the application in person at the High Court in London or at a County Court that also acts as a District Registry of the High Court - most inner city Courts act in this manner. You take the completed application in person - preferably when the Court opens - explain that it is for an urgent Hearing and in many cases a spare Judge can be found who will hear your case on the spot. Many are given an Interim Stay pending a further Hearing but t does stop the Bailiff attending or adding more charges. It may seem a daunting task but it is surprisingly easy to do and we can certainly help you with the forms and where to take them.

So sorry for the late reply unfortunately I've been struck down by another episode where I can't get up out of bed or see out of my left eye. I've had to take the day off work and see my GP.
I haven't been able to leave my house unassisted so haven't gotten to the Post office. What form do I use to apply for the Stay of execution?

[ploddertom]

Re: Set aside rules PLEASE HELP ME

What form do I use to apply for the Stay of execution?

N244+ if you want to apply for Fee Remission EX160, both available from HMCTS website. The N244 can look a bit daunting but we can help you fill that in.

[Pretzel]

Re: Set aside rules PLEASE HELP ME

Just thought I should write a quick update.
I decided to apply for a set aside instead of negotiating because I just don't feel what these people did was right. I also asked in my submission if the judge would grant a stay of execution for the High court Writ. The stay of execution was granted and the proceedings have been transferred to my local court. I'm not sure if that means I will go in for the set aside or if it's already been set aside and the proceedings have started again. Whichever way for the first time today my heart hasn't started to beat really fast when I've heard footsteps outside my door.
thank you all so much for your help. Any info about what happens next will be highly appreciated.

[wales01man]

Re: Set aside rules PLEASE HELP ME

So pleased for you hope everything else is ok kids and baby there is light at the end of the tunnel hopes this eases the stress