Bluebell's Debt Thread & Hardship Claim

[scoobydoo]

Re: Bluebell's Debt Thread & Hardship Claim

Bluebell

can you start a seperate thread under hardship in banks forum

I have just seen a case where the A&L have made an offer on a hardship claim - I am geting more details - but want to help with yours if I can

thanks

Jan

[Bluebell]

Re: Bluebell's Debt Thread & Hardship Claim

That sounds really positive!!!!! I've started a thread in the banks forum

bluebell vs lloyds

[Bluebell]

Re: Bluebell's Debt Thread & Hardship Claim

Hi everyone, I couldn't find my Orange bills - they are still packed away somewhere! I've got to do the court forms today and wondered if anyone had any some last minute advice re what to put/which forms to use. I know it's a difficult one to answer without all the relevant details though.
Thanks

[Bluebell]

Re: Bluebell's Debt Thread & Hardship Claim

Me again,
I'm filling out the moneyclaim forms and am stuck on income....should I put my partners income too? (ie in the space that says "other income") The CCCS info I sent to Orange had his details in too, but I don't want to make a mistake.

[Bluebell]

Re: Bluebell's Debt Thread & Hardship Claim

I decided to just halve all the bills etc and have a small income from my OH - (to cover rent, food CT etc).

Now I'm stuck on the part in the form which asks for info re repayment of credit debts - there is no space for total debt - just the amount of monthly/weekly repayment. I am unable to make any repayments at the moment so how do I make the situation clear ? The form doesn't seem to allow for that which is strange..sigh

Hope everyone is having a great weekend!!!!

[Amethyst]

Re: Bluebell's Debt Thread & Hardship Claim

Hey hunny, have your I/E now :hug:

I think we'll have to do an explanation with the I/E so I'll work on that now - we'll do your admission off the moneyclaim forms cause really they don't allow for anything other than standard.

[Amethyst]

case/claim No: [cLAim number]

In the Northampton County Court

Orange

CLAIMANT

-AND-

Bluebell

DEFENDANT

DEFENCE

All allegations made in the particulars of claim are denied unless specifically admitted in this defence.

1: The Defendant had an account with the Claimant for supply of telephone services and/or equipment hire, account number xxxxxxxxxx hereinafter referred to as “the Account”.

2: The Account, at the time of the claim, is in debit by £135.00 (the amount of claim less the court costs/stat. interest.)

3: The Defendant has not attempted to avoid this debt and has taken steps to ensure her creditors receive payments at an amount that the Defendant can afford.

4: The Defendant is currently under a Debt Management Plan managed by the Consumer Credit Counselling Service, reference XXXXXXXX, in an attempt to bring her financial affairs into order. The Defendant has recently suffered a considerable drop in income due to Maternity and does not expect her financial situation to improve for the foreseeable future.

5: Further, the Defendant has previously written to the Claimant with details of her income and essential expenditure and made an offer to pay by installments. Please see letter attached dated 11th February 2008 (appendix 1)

6: The Defendant has attached her updated Income and Expenditure to this claim (appendix 2)

7: The Defendant respectfully requests the court make an order for payment by monthly installments at an affordable amount as determined by the court.

8: The Defendant also respectfully requests that the court order interest on the account be frozen at the date of judgement, as further interest is likely to counter the effect of any installment payments made toward this debt.

9: The Defendant also submits that the Claimant has not followed the pre-action protocols in that request for consideration of her circumstances and offers for repayment have not been acknowledged and the Claimants have proceeded to court without further communication regarding the matter. The Defendant has also failed to supply sufficient information before bringing this claim, in accordance with PreAction Protocol 3.1(a), therefore the Claimant has requested further information in accordance with the Civil Procedure Rule's part 18.


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Just thinkinggggggggggggg.....shall we mention the pregnancy as reason for reduced income ? kind of

10: The Defendant has recently suffered a considerable drop in income due to Maternity and does not expect her financial situation to improve for the foreseeable future.

alsooooooooooooooooooooo

not sure if the account is actually closed etc now. and I wanted to put something about Nelsons not supplying CCA (she hasnt asked for it sepreatly and telecoms contacts arent covered anyway but you know what I mean) and more info with claim other than the cakky mini POC. If anyone fancies wording that bit.


Any thoughts / advice / changes etc welcome.

[Mochamoos]

Re: Bluebell's Debt Thread & Hardship Claim

I would mention the pregnancy they have to take it in to account, it has cut her income now and 100% sure it will affect her out goings on the future. This is a hardship case, once the bub arrives bluebells outgoings are qoing to be squeezed within an inch of their life lol the courts have to take that into account. In employment law there is a fab line saying that employers can not discriminate against a women for continuing the survival of the human species.

God knows how you would write it though:kiss:

[enaid]

Re: Bluebell's Debt Thread & Hardship Claim

Just thinking on this though, they will be in line for more benefits surely, so you are going to have to put them in mix somewhere. I don't know what you get now for becoming a parent but say family allowanceis one and I'm sure the income support will go up too.

[Paule]

Re: Bluebell's Debt Thread & Hardship Claim

Just thinking on this though, they will be in line for more benefits surely, so you are going to have to put them in mix somewhere. I don't know what you get now for becoming a parent but say family allowanceis one and I'm sure the income support will go up too.

At present she hasnt had the baby, and this court case will be based on her current financial situation, not her future one.

Even with the extra benefits wouldnt make her better off, as from a parent with young kids point of view the benefits dont cover the outgoings anyway.

[Amethyst]

Re: Bluebell's Debt Thread & Hardship Claim

have edited #82 a little

[Bluebell]

Re: Bluebell's Debt Thread & Hardship Claim

Thanks for the admission/defence Ame! that's brilliant! Is it worth mentioning that my income plummeted too due to the stress of having to move house and not finding anywhere until the very last minute. (or is that not really relevant)

I'm so glad to have your help everyone thanks

[Amethyst]

Re: Bluebell's Debt Thread & Hardship Claim

mmmmmmm probably not cause then you'd have to go into the reposession etc and OH's debts.

Right what you need to do is fill in the red bits, print it out with your claim number etc on, add the letter your sent to moorcrofts(mark it appendix 1) and your latest I/E (marked appendix 2) and attach those to the admission form you got from the court and get them sent off - send two copies, do a brief covering letter, please find enclosed defence/admission for claim number xxxxxxxx, and also send a copy (cc'd) to the claimants (the address on the original POC).

Then thats that one out the way for the moment.

I do want to go through your I/E with you before we do the write off the debt please letters (its fine as it is for the orange claim), and I want to talk to Amy first cause she's been working on strengthening the templates. So you concentrate of getting this orange claim defence in to court and we can look at the rest later on.

case/claim No: [cLAim number]

In the Northampton County Court

Orange

CLAIMANT

-AND-

Bluebell

DEFENDANT

DEFENCE

All allegations made in the particulars of claim are denied unless specifically admitted in this defence.

1: The Defendant had an account with the Claimant for supply of telephone services and/or equipment hire, account number xxxxxxxxxx hereinafter referred to as “the Account”.

2: The Account, at the time of the claim, is in debit by £135.00 (the amount of claim less the court costs/stat. interest.)

3: The Defendant has not attempted to avoid this debt and has taken steps to ensure her creditors receive payments at an amount that the Defendant can afford.

4: The Defendant is currently under a Debt Management Plan managed by the Consumer Credit Counselling Service, reference XXXXXXXX, in an attempt to bring her financial affairs into order. The Defendant has recently suffered a considerable drop in income due to Maternity and does not expect her financial situation to improve for the foreseeable future.

5: Further, the Defendant has previously written to the Claimant with details of her income and essential expenditure and made an offer to pay by installments. Please see letter attached dated 11th February 2008 (appendix 1)

6: The Defendant has attached her updated Income and Expenditure to this claim (appendix 2)

7: The Defendant respectfully requests the court make an order for payment by monthly installments at an affordable amount as determined by the court.

8: The Defendant also respectfully requests that the court order interest on the account be frozen at the date of judgement, as further interest is likely to counter the effect of any installment payments made toward this debt.

9: The Defendant also submits that the Claimant has not followed the pre-action protocols in that request for consideration of her circumstances and offers for repayment have not been acknowledged and the Claimants have proceeded to court without further communication regarding the matter. The Defendant has also failed to supply sufficient information before bringing this claim, in accordance with PreAction Protocol 3.1(a), therefore the Claimant has requested further information in accordance with the Civil Procedure Rule's part 18.

10. The Defendant retains the right to further plead this defence.

We'll do the part 18 later too.

[Bluebell]

Re: Bluebell's Debt Thread & Hardship Claim

Oh, just looking at number 5 - I wrote to Orange saying this.."
I enclose a personal budget sheet which shows my present financial position. As you can see I have no money left to pay my credit commitments. At the moment I do not have enough to meet even my basic needs.
In view of my circumstances I ask that you allow me to cease payments for a period of six months. I would also ask that you consider freezing interest and charges so that the debt does not increase further"
I'm not sure how this will look to the judge - it mut be reasonable to ask for more time (so that I can get back to work after having the baby) before I make an offer of repayment? or should I just offer £1

Also the last conversation I had with the CCCS was when they recommended bankrupcty - should I mention that and say I don't really want to go down that route? or should I just keep well away from that subject

[Bluebell]

Re: Bluebell's Debt Thread & Hardship Claim

Just checked my I/E spreadsheet and from the £11.00 I have left over 8p is allocated to Orange... hmmm