CCJ'S and Bailiff action, County Courts

[0DESSA]

I am writting this thread as I desparetly need some advice, I was diagnosed with CIDP 18 months ago, which is a form of MS. Because of this condition I have lost my job as a Teacher and losing my job means my income has gone and I am now trying to get by on a small ill health pension. The issue I have is with Lyods TSB and their Solicitors SCM i.e. when I stoped working, it took 18 months for me to officially lose my job and the last 9 months I was on Stat sick pay. Being on stat sick pay I struggled to make payments for the debts I had with them, I did contact them, but they still took me to court and placed 3 CCJ'S against me. Since then I have been struggling to make the payments required because the payment adjustment was calculated on my Teachers income not my pension income. I have wrote to them again to ask if the payments could be readjusted to my pension income but they just ignore me and they send me a standard letter threatening me with the following, Warrant of Execution, Attachment of Earinings or a charging order. I have wrote to them again and informed them I want to pay and clear these debts, but I need the payments to be inline with my small pension income. Anyway, my main concern is the bailiffs calling at this time of year before I can sort this issue with Lloyds and SCM. Am I right in thinking before they can send bailiffs to me they have to go back to the court for permission and the court would contact me or ask me to contact them to explain why the payments are not being made before giving them permission to act with bailiffs. Sorry my thread is long winded, but I just wanted to give a clear picture of my situation, if anyone can advise it would be most appreciated and thank you for your time Odessa

[pepsie]

Re: CCJ'S and Bailiff action, County Courts

If the Court set the amount to be repaid at a certain rate and you have defaulted on that agreement I would suggest you apply back to the Court with some urgency for a variation order, this allows you to submit a new I&E showing the changes to your income. You are also classed as vulnerable due to your illness which will abe taken into account for a variation to the amount you can be expected to pay.

This is a Civil Debt and if the amount owed is over £600 then the creditor (Lloyds) are entitled without any further notice to transfer up to the High Court for a Writ of F'i Fa', they are not obliged to tell you they have done so or who they have appointed to carry out execution of the writ, you will get no notice of any intended visits and as is often the case the first you will know is when they knock on the door.

Fees for HCE are huge and they add everything they think they can get away with before they even leave the office. It is always better to take steps to avoid them becoming involved and IMO an application for a variation order will do that.

Pepsie

[labman]

Re: CCJ'S and Bailiff action, County Courts

Agree absolutely! Apply to the court using a N245, link below:

http://www.nationaldebtline.co.uk/en.../n245_form.pdf

You will have to supply a current Income and Expenditure form

Legal Beagles Consumer Forum

I'd suggest the CFS one as that's what Paypal, CCCS, etc.... all use and the court will be used to seeing that format.

The court will then look at your income, expenditure, assets and disposable income, then make any variation based on these factors.

Do you mind my asking how you were on SSP for 9 months as a teacher? You should have had 6 months full pay, 6 months half pay and then go onto SSP if you were still considering the option of early reitrement.