Shoosmiths Solicitors Threat of Enforcement Action against me

[Moorish]

Hello everyone,

I am so confused (afraid) that I don’t know where tostart or how to explain my current despair.

Indeed, my problem start when I went online to check mycredit score… since then everything collapsed alike a sand castle on the beach.

The story:

In November 2011, I received a correspondence from countycourt related to a claim made by Arrow Global. I responded to the applicationform sent by the court, highlighting my concern about the possibility of missidentity and enquiring for the possibility to receive clear explanatory proofof the debt (5k); which Arrow allegedly accused me of owing to Nat west Bank.

I also sent an email to The County Court informing themabout my financial situation and my inability to pay any court fees, because Iwas unemployed at that time… (Including filling the form of exemption)

Since then, I moved home and did not receive anycorrespondence from Court, or Arrow Global.

The situation remained the same until I checked my creditscore, and found that I have CCJ was issued in March 2012 againstme for the entire amount.

After which, I received a threating letters fromShoosmiths Solicitors which I never reply to, because I was in fear of puttingmyself in more trouble. (They also asked me to complete Income and ExpenditureForm, to enable them to fixe an agreement of payment in accordance with thecourt judgement)

In the last letter I received from them, they have askedme to contact them urgently within 14 days… failure to do so, they threaten meto revert to their client seeking instructions regarding enforcement.(Application for an attachment of earnings, or for a warrant of control, or fora charge on property)…

My mind did not rest… I could not sleep any more… and Iam on the edge of breakdown…

I don’t mind paying any debt as long as I am confidentthat I truly owed this 5k amount to the referred bank….

Questions:

1- Could I still be able to appeal the CCJ made on March 2012?(knowing I have never attended a hearing and had only few correspondence withthe court in that regards)

2- Can I still ask theShoosmiths Solicitors to send me, before proceeding in taken enforcement actionfrom the court:

1. Theoriginal credit agreement;
2. TheDefault Notice
3. TheNotice of Assignment;
4. Statementsof account

3- Being a self-employed onlow income and receiving HB & CTS, as well as, Tax Credit… I cannot affordat the moment paying such debt (once they confirm its eligibility)… Can stillask for the judgement to be postponed on the basis of my financial situationand until it improves?

4- If an enforcement is made against me… will the bailiff have theright to break in my rented house and get possession of my belongings?

5- If the issue will be dragged upon March 2018, Will I still beable to send them in April 2018 SBd?


I shall be grateful if youcould enlighten me on the above questions as I do not know anyone with Lawknowledge and I would like to avoid any embarrassment to my family members.

Many Thanks for your valuabletime,

Andy

[Kati]

Re: Shoosmiths Solicitors Threat of Enforcement Action against me

tagging [MENTION=48934]Debt Camel[/MENTION] [MENTION=87380]Diana M[/MENTION] xx

[Moorish]

Re: Shoosmiths Solicitors Threat of Enforcement Action against me

Hi Kate,

I am not sure about the content of your answer...
Could that be a standard automatic respond to receive when you put forward new Thread?

Thanks

[CharlieP]

Re: Shoosmiths Solicitors Threat of Enforcement Action against me

Hi Moorish, Kati is just notifying certain helpful members to your thread. Someone will no doubt be along shortly

[Moorish]

Re: Shoosmiths Solicitors Threat of Enforcement Action against me

Thank you very much Charlie for your valuable clarification

[Debt Camel]

Re: Shoosmiths Solicitors Threat of Enforcement Action against me

1- Could I still be able to appeal the CCJ made on March 2012?(knowing I have never attended a hearing and had only few correspondence with the court in that regards)

Very unlikely. You were aware of the court case at the time so you can't claim you didn't know anything about it and apply for a "set aside" of the CCJ,.


2- Can I still ask theShoosmiths Solicitors to send me, before proceeding in taken enforcement actionfrom the court:
1. Theoriginal credit agreement;
2. TheDefault Notice
3. TheNotice of Assignment;
4. Statementsof account

No. You should have asked for these at the point of the CCJ. The creditor is not obliged to produce them afterwards.


3- Being a self-employed onlow income and receiving HB & CTS, as well as, Tax Credit… I cannot affordat the moment paying such debt (once they confirm its eligibility)… Can stillask for the judgement to be postponed on the basis of my financial situationand until it improves?

Sort of. You can apply to the court to vary the order saying you have to pay the full amount to instead pay a monthly amount you can afford, say £1 or £5.


4- If an enforcement is made against me… will the bailiff have theright to break in my rented house and get possession of my belongings?

Break in - no, not unless someone has already let them into the house beforehand. If you start getting letters from a bailiff you are going to need to explain the situation to everyone living in the house and say they should not answer the door unless they know the person outside is not a bailiff. Do you have a car parked outside?


5- If the issue will be dragged upon March 2018, Will I still beable to send them in April 2018 SBd?

A CCJ never becomes statute barred. But after 6 years they would have to return to court to get permission to enforce.

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Apart from this debt, what is the rest of your financial situation like? Do you have other old problem debts? New debts that you are paying which aren't a problem?

[Moorish]

Re: Shoosmiths Solicitors Threat of Enforcement Action against me

HiDebt Kamel,
Iwould like to thank you for your time and the precious information youprovided. It clarified explicitly most of the point I had concern about it insuch simple direct manner.

Iwill be grateful if you could shed more light in regards to point 4 & 5:


4- If anenforcement is made against me… will the bailiff have theright to break in myrented house and get possession of my belongings?

Break in - no, not unless someone has already let them into the housebeforehand. If you start getting letters from a bailiff you are going to needto explain the situation to everyone living in the house and say they shouldnot answer the door unless they know the person outside is not a bailiff. Doyou have a car parked outside?
Yes, I do have a car; but I do not parked onthe Driveway… I keep it in the front of my neighbor’s house (because if weparked at the Driveway. It will make the entrance to our rented house toonarrow)…

Will the bailiff beallowed to get possession of our car even though it is left on the public road?


5- If the issue will be dragged upon March 2018, Will I still beable to sendthem in April 2018 SBd?

A CCJ never becomes statute barred. But after 6 years they would have to returnto court to get permission to enforce.

Sorry, to discuss the above point; but I readon Legalbeagles that “Unlessyou can provide evidence of payment or written acknowledgment from me withinthis period, under Section 5 of the Limitation Act 1980, you’ll no longer beable to take court action to recover the debt. Any court claim will be defendedon this basis.
Section 7.15.8 of FCA Consumer Credit Sourcebook states: "A firm must notcontinue to demand payment from a customer after the customer has stated thathe will not be paying the debt because it is statute barred."
And also I learned from other forum that after06 years, I will be allowed to get into the Public Register (by paying a smallfee), and ask for the CCJ to be taken off from the register and consequentlyfrom any credit score agencies…

Was this amisunderstanding of the law or being wrongly informed?



----------------------------------------------------------
Apart from this debt, what is the rest of your financial situation like? Do youhave other old problem debts? New debts that you are paying which aren't aproblem?

My current financial situation is so mediocrely poor and I amtrying hard to improve it… but each time I try, I have something which fallfrom nowhere to make my life harder and harder (such as Shoosmiths). Hence, Iam trying to resolve this situation without involving my family members.

I do receive letters from other agencies from time to time, butnever took as seriously as this one from Shoosmith…
I am not paying any debt at the moment… I hardly find the way toput food on the tableL

Thank you for your assistance and your time, it really helped me…
Many thanks

Andy

[Debt Camel]

Re: Shoosmiths Solicitors Threat of Enforcement Action against me

Will the bailiff be allowed to get possession of our car even though it is left on the public road?

Yes. With a car near your house on the public road it will be the first thing the bailiffs go for. (I am assuming the car is in your name, ie it's not on HP or any other sort of car finance.)

I readon Legalbeagles that “Unlessyou can provide evidence of payment or written acknowledgment from me withinthis period, under Section 5 of the Limitation Act 1980, you’ll no longer beable to take court action to recover the debt. Any court claim will be defendedon this basis.

That is correct, but it applies to a lender starting a claim that will result in a CCJ. You already have a CCJ. It isn't relevant to you.

And also I learned from other forum that after06 years, I will be allowed to get into the Public Register (by paying a smallfee), and ask for the CCJ to be taken off from the register and consequentlyfrom any credit score agencies…

That is wrong in so many places it's best to forget it. I have literally no idea what this "small fee" could be - it doesn't exist.

After 6 years the CCJ will disappear from your credit record. But it still exists. It is not statute barred. but the creditor would have to go back to court to enforce it.

But this is all likely to be irrelevant or you because at the moment it doesn't seem probable that your CCJ will get to that point with no enforcement action being taken.

My current financial situation is so mediocrely poor and I am trying hard to improve it… but each time I try, I have something which fall from nowhere to make my life harder and harder (such as Shoosmiths). Hence, I am trying to resolve this situation without involving my family members.


I do receive letters from other agencies from time to time, but never took as seriously as this one from Shoosmith…
I am not paying any debt at the moment… I hardly find the way to put food on the table

I suggest you go to your local Citizens Advice and they can help you look at your debts, including this one with the CCJ , and your overall financial situation.