Help please

[parkwood]

I am at my wits end and welcome some advice please
Had an overdraft debt of around 2000 which i think is almost 6 yrs ago or just coming up to it with Halifax bank which i could not clear as i had to stop work after major illness and as I am now disabled can no longer work and reliant on benefits, I remember sending an income /expenditure form to them and heard nothing....
I then received nasty phone calls from a DCA and threats etc I wrote saying not to contact me by phone, since then I have received letters from about 5/6 different DCA's some not even saying who or what the debt was for and mentioned court action etc.. I have not responded to any of them

I then received 2 weeks ago a letter from Shoosmiths which says on it it is Arrow Global v my name and they have received issue from county court bulking centrre confirming our client..arrow global, is at liberty to request judgement on 5th Nov it also had a court paper for Northhampton Court and had a response pack

I panicked and have filled in response and expense sheets etc and offered £5 as i really have no more I can pay as am on benefits and on my own, following a phone call they are saying they are looking to put a charge on my house, I am worried sick, not about my credit file as that is bad anyway but I cant really afford any payment and will i have to sell my house?
They have sent ma another letter which says i have not sent proof of benefits, they didn't ask for any. and want me to send letters etc from DWP asap. these take weeks to get from DWP as I have to write to them
So i think i messed up as it could have been statue barred debt and also Halifax have never been in touch with me as i closed the account years ago

Advice please ...has this debt been sold on? and as i have never had any notification of this even though it has been to 6 DCA's can they do that
Have i restarted the clock? what do I do now ? any advice welcome

[mr.ton]

Re: Help please

Firstly try to take a deep breath and relax - easier said i know.
Halifax are the worst bank around and have simply fobbed your debt off to any bottom feeder.
Northampton are just the DCA's "legal" threat centre (i'm not sure weather it's even an actual court???) but anyway..............
No DCA has any legal power to any money off you whatsoever and you cannot be forced to sell your home.
Stay off the phone to them and refuse to answer any security questions if they phone you - state everything in writing only and hang up.
They will just try to bully,intimidate and frighten you into making payment.
They certainly have no right to see any of your personal information whatsoever, only a county court has this power.
Might be worth contacting this so called "bulk centre" and see if they have any record of you - if so then you can take it from there and have the matter dealt with at your local county court properly (you won't be on trial)
If they don't have an record of you then you will know that it's just the DCA playing silly buggers and then have them reported to the OFT and trading standards.

[mr.ton]

Re: Help please

I panicked and have filled in response and expense sheets etc and offered £5

£1 per month is more than enough for someone on benefits and no court would make you pay any more than that.

[Streetwise]

Re: Help please

I am at my wits end and welcome some advice please
Had an overdraft debt of around 2000 which i think is almost 6 yrs ago or just coming up to it with Halifax bank which i could not clear as i had to stop work after major illness and as I am now disabled can no longer work and reliant on benefits, I remember sending an income /expenditure form to them and heard nothing....
I then received nasty phone calls from a DCA and threats etc I wrote saying not to contact me by phone, since then I have received letters from about 5/6 different DCA's some not even saying who or what the debt was for and mentioned court action etc.. I have not responded to any of them

I then received 2 weeks ago a letter from Shoosmiths which says on it it is Arrow Global v my name and they have received issue from county court bulking centrre confirming our client..arrow global, is at liberty to request judgement on 5th Nov it also had a court paper for Northhampton Court and had a response pack

I panicked and have filled in response and expense sheets etc and offered £5 as i really have no more I can pay as am on benefits and on my own, following a phone call they are saying they are looking to put a charge on my house, I am worried sick, not about my credit file as that is bad anyway but I cant really afford any payment and will i have to sell my house?
They have sent ma another letter which says i have not sent proof of benefits, they didn't ask for any. and want me to send letters etc from DWP asap. these take weeks to get from DWP as I have to write to them
So i think i messed up as it could have been statue barred debt and also Halifax have never been in touch with me as i closed the account years ago

Advice please ...has this debt been sold on? and as i have never had any notification of this even though it has been to 6 DCA's can they do that
Have i restarted the clock? what do I do now ? any advice welcome

Hi Might be worth checking if the debt is over 6 years old,as I see you say it might be,could give you more ammo.

[parkwood]

Re: Help please

Thanks to all for replies........so because it has been to 6 other DCA's does this mean that Halifax bank have sold it on ??
And does anyone think I should just ignore them now and wait to see what happens next, i will contact this Northhampton place and see what they say and would it be Halifax Bank to trace when the debt was even though i closed my account?
sorry but I am so lost in all this mess

[labman]

Re: Help please

It does not mean the debt has been sold on, it depends what sort of assignment was made to the DCA. It sounds like it's been equitable assignments where the original creditor still owns it, farms it out, gets it back, then farms it out again etc....

I think you should go and see a free debt advice organisation such as CCCS, Payplan, National Debtline, CAB etc.... there's lots out there. They would look at all angles of this, they look at your assets, income, expenditure and debts and then pressent you with a range of options from which you can choose, or recommend a particular one they feel most suitable.

If you do this, ensure it is a FREE organisation, not one you pay for.Having taken this step would, if it has gone to the Northants Centre , show you are being proactive in doing something about it.

Even if they obtain a court order, no judge will make you pay more than you can afford to pay.

I also think that going to an advice organisation will make you see it less as a mess over which you panic and more a problem that you are actively working to resolve. There is a big difference between the two mindsets.

[parkwood]

Re: Help please

Thanks for your help with this ...an update
I received a CCJ by default from Northampton Court saying no paperwork had been returned... could this be to my advantage as the DCA have obviously not sent them my expenditure sheet etc ?
As I have been ill i did nothing and heard nothing from Shoosmiths ....then in Jan i received a letter from them which say's
without prejudice opportunity to conclude your debt with arrow global ltd and then offers me a reduction of lump sum of nearly£ 1,500 or installments of £50 a month
how can they do this if a CCJ has been granted? I did not contact them and have now received a notice from Northampton Court that just says it has been transferred to Kings Lynn County court for enforcement( no where near me at all)
So what do i do now ? and what are they playing at ? please can somebody advise me many thanks

[bluebottle]

Re: Help please

Hello Parkwood,

As you have had your illness for more than 12 months, you are afforded protections under the Equality Act 2010 (formerly the Disability Discrimination Act). The legislation is enforced by the Equality and Human Rights Commission (EHRC).

From what you say, it would appear that the Halifax and DCAs they used are in clear breach of the Equality Act as you informed Halifax of your illness and disability and inability to work and they would have been under a duty to ensure that you were not discriminated against or treated unfairly. From what I can see, you have been treated abominably. My best advice is for you to contact the EHRC and see if they can help you. Disability is a protected provision under the Equality Act and both Halifax and the scumbag DCAs they have used could be in the running for a fine of up to £20K each, plus any civil damages. Halifax can be held vicariously liable for the actions of the DCAs. Additionally, you may have a case against Halifax and the DCAs for harassment, both under the Equality Act and the Protection from Harassment Act 1997. Speak to the EHRC to see which would be the more appropriate in your case.

I would certainly investigate having any CCJ set aside or struck-out. If Halifax and the DCAs failed to disclose your illness/disability to the court, that may amount to an abuse of legal process. You also say you received no court papers. That is a failure to comply with due process.

In the meantime, get a Special Delivery letter off to Halifax, informing them you are lodging a formal complaint against them with EHRC on the grounds of discrimination and harassment under the Equality Act 2010. In the letter, point out that they were previously advised of your illness/disability and should have taken account of this. Also point out that they can be held vicariously liable for the actions of each and every one of the DCAs they used. Also mention that they can be fined up to £20K plus civil damages plus costs if EHRC find they have discriminated against you and initiate court proceedings against them. Send letters to the CEO of each and every one of the DCAs, adding that a formal complaint is being made to the OFT's Consumer Credit Licensing Department, as it would appear they are in breach of OFT Debt Collection Guidelines, and, also, that a formal complaint is being made against them to the EHRC, as you are subject to the Equality Act 2010 on account of your illness/disability.

In the case of all letters, it would be advisable to inform them that you are going to seek to have any CCJ set aside or struck-out as you did not receive any legal paperwork, as required by law, and were not afforded proper opportunity to argue your case.

Make enquiries in your local area and see if there is any advocacy services dealing with disability issues. You could also try CAB. If you have a specific condition, like MS, contact the relevant organisation for advice. They may be able to help you or, at the very least, point you in the direction of someone who can.

Your ultimate weapon is publicly embarrassing Halifax and the DCAs they used in the local media. Contact you local newspaper, BBC and ITV studios and any commercial radio station that covers your area. The media is very powerful and banks and DCAs hate adverse publicity.

Choose your weapon(s) and attack. I have a feeling Halifax and the DCAs are going to end up regretting what they did.

Bluebottle

[parkwood]

Re: Help please

thanks Bluebottle for reply..... you have misread, I did receive the court papers and that was when i was so scared that I filled them in including the enclosed IE sheet and returned within time scales as requested to Shoosmiths i admitted it all...they obviously did not send the information on to the court as the CCJ was given by default saying I had not responded.so that is what I meant when I say can this be to my advantage that the DCA has obviously implied i have not returned any paperwork etc ? in all this i do not remember Halifax as was ever telling me the debt was to be sold on and it has been to about 6 other DCA's before this lot, and yes they were aware of my situation as i had an appointment at my local branch and it was them who suggested me upping my overdraft. which i did, this is or very nearly must be near the 6year limit. i have not done a credit check as they wanted me to send proof of id to them and am very wary of all this.....so do you think Shoosmiths etc are just trying scare tactics again and why the transfer which is not near me or them ? the other thing worrying me is my house and getting a charge on it that shoosmiths said they would do on the phone. and why offer me a reduced lump sum payment if there is a CCJ for full amount? can someone please answer these questions??

[labman]

Re: Help please

Yes, I can.

Shoosmiths are not trying scare tactics. This is routine procedure for them. They go for the CCJ so they can get a forthwith order. They then apply for the charging order against your house. I've seen it quite a few times now in my charity, and they will not back down.

The main thing is you will not lose your house as long as you maintain the repayments set by the court. If these are too high, you need to fill in a N245 to apply for a redtermination. You can also apply (you should have the paperwork, not sure if it's an N222 off the top of my head?????) to have the next hearing moved to a court near you so you can attend.

They offer a discount as their client knows they are better off getting a smaller sum now than waiting years for the amount a judge would most likely award at a redtermination hearing.

I hope this helps you! The courts are, believe it or not, surprisingly reasonable, so please try not to worry.:beagle:

I should also have said that you can, in the meantime, negotiate with Shoosmiths directly. They tend to be quite blunt and rude on the phone, so politely stand your ground and make an offer. Although they have no right to demand it, they will almost certainly require an Income and Expenditure form filling in before you stand any chance of them accepting any offer you make. The IE form may bear more weight if you have a proper Common Financial Statement done by a free debt help charity as mentioned in a previous post. In any case, if you need to apply for a redetermination the court would want to see an IE form, so you may be as well getting one done. Shoosmiths will negotiate repayment offers, but make sure you pin them down and get everything in writing, or they will try to wriggle out of it. E-mail is perfectly acceptable as having it in writing.