Another letter from the Bailiff

[laleanne1]

Well

Saturday morning another letter from the bailiff came stating they have been to my house and if the outstanding amount is not paid immediately a warrant will be executued, but the letter is dated 28-feb-07.

I really dont know what to do, plus the amount has changed it has now been reduced to £347.25 instead of £956.18 i'm confused. Are they wanting me to pay a fee even though the creditor Next Directory voted for the IVA in october? I have no idea what my rights are?

Now i'm really scared

Any advise would be great?



l morris

[aguise]

Hi Laleanne

Dont get upset call your Ip/ ac manager and get them to deal with it. If you are in an iva they cant do anything. If it was me I would ring them and find out what the charge was for. Sounds like really bad communication but not nice for you. Deal with it asap and put your mind at rest. These people should be charged themselves for their stupid mistakes and the upset they cause.
Hope this helps

Ang

[laleanne1]

I have just had a call from the bailiff stating that the company working on behalf of next directory applied for action on the 21-feb-2007 even though they agreed to the iva in oct-2006...!

The bailiff also stated a warrent has been issuse for them to enter my property and remove any goods and there is not much i can do about it.

How in the hell can this be?

I have contacted my company who are trying to sort this asap but how can i be procted in an iva and still have bailiff coming to my home when the creditor has already legally agreeded not to take action?

At this very moment i wish i'd never entered an iva as it has given me no proction at all. So not only will they remove goods from my home which are'nt mine i will still have to include in my iva payments, so they are screwing me over.

l morris

[go_4_broke]

Sounds a bit suspicious laleanne, do you definitely have a CCJ (County Court Judgement) for this debt from Next ?

'5 years sticking my head into the Lion's mouth of debt !'

[aguise]

Laleanne
Did your company not confirm to you that they could not do this they cannot apply for anything if they agreed to the iva. Dont answer the door if they come and maybe have a copy of the agreed vote to show them. You can chuck it out of a window upstairs if need be. They cannot take your stuff. Chin up, here for you if you need to rant, and keep ringing your company to find out what they are doing to sort it out.

Ang x

[laleanne1]

Well i have taken matters into my own hands.

I have contacted next who state they did vote for the iva but never had anything to say it was approved, they have asked me to fax all the details over and they will sort from their end, but should my company be doing this. thats why we pay fees is.nt it?

I'm hoping i can get this sorted today.

l morris

[aguise]

Well done Laleanne

Get back on to your company and tell them what next said and tell them to fax it straight away for you. I agree it should be the company that should do this. You can always ring next later to check they have received it, and get your company to confirm when they have sent it. Be firm with them over it as it is causing you unecessary distress, get names when you speak to people so you can go back to them.
Let me know how you get on. All the best

Ang x

[laleanne1]

I have just faxed all my details to Next who confirm they have rec'ed everything and they will contact the bailiff. My company have also sent aonther confirmation letter to Next staing the IVA was approved and he has also cantacted the bailiff i have also asked for wriiten confirmation once this has been sorted.

I just dont understand why this was'nt done in october? and why i have had to sort it out. I'm just waiting for the letter stating it has been sorted and then i can relax.

thanks for your support, its always nice to know there is some one out there listening to you. i will keep you posted.[:)]

l morris

[laleanne1]

Hi

To answer your question go-4-broke apprantley yes i do have a ccj, fronm the smae court which approved my IVA.....

The CCJ was obtained in JAN-2007, the issue i have with that is in the same letter which i rec'ed FEB-2007 it has a claimant form, a letter staing a ccj has been logged and a letter staing a payment od 129.00 would have to be paid every month. All the letters were dated in JAN-2007 but did not reach me until the middle of FEB-2007.

I sent all the letters to my company who advised they would get the ccj removed as it should not have been granted in the first place. It did state that i had to reply to the claimant form befor the ccj was logged but as i was not made aware this was not done.


I just hope everything gets sorted

l morris

[aguise]

Great news
Hope you feel a bit better now. I think these companys need to sort out their communication it would not be ok if you forgot your bill for six months. Any way good news all the best .

Ang x[:)]

[freelili]

Hi Laleanne

This is a terrible situation for you and I really feel for you. I can well understand why you would regret the IVA.

This is the very thing that we are so scared of. If I was in your situation I would write to your IVA company and state just how distressing this is and could they please find out whats happening, nip it in the bud and assure you that this will not happen again. I had a similar experience myself, even though I knew I was in the right and the baliff should not have been there, it ruined my, day, my week and a few pairs of contact lenses, not to mention the distress to my children. When I spoke to my advisor, it was treated as very matter of fact and they kept me waiting hours for a return, reasurring call. Do you have any recompense that you could threaten them with? It might be worth finding this out, something like illegal baliff action?
Good luck and hang in there

LILY

I asked God for a solution and have to live with his reply.

[go_4_broke]

laleanne,

OK that figures.

You have had a Default Jugement entered and because they have received no payment or offer the creditor has gone for a Warrant of Execution which means you are now being actively bailiffed.

There's no doubt that if in an IVA your are legally protected against pursuit of your debts and the bailiffs could probably be in a lot of trouble for this, but it's quite possible that being complete trolls they don't even know what an IVA is.

Although both your CCJ and IVA went through the same court there is probably no communication between the two. I don't know if IP's have any real power to get CCJ's stopped and maybe one of those who posts here can confirm this. However I think it probably ultimately up to Next/their solicitors to withdraw the action so you have done undoubtedly the right thing by contacting the IP AND Next directly.

However this is all pretty academic once your stuff is gone. If you need to get a hotline to the trolls' tiny brains apply to the Court on Form N245 for Suspension Of Warrant enclosing details of the IVA. This should get them pulled off while you get the rest of it sorted.

-Best

'5 years sticking my head into the Lion's mouth of debt !'

[laleanne1]

Hi

Just spoken to NEXT and they have advised all the information has been sent off to the relevant department and the Bailiff and they will be confirming it in writing....

Now i just have to wait for the Bailiff responce and once it is sorted try getting the CCJ removed...aother task for me to sort. But i have been looking into what you said freelili and if i find anything that will allow me to take action i will do as this is not completely sorted until i see it written in black and white.

I even got to the point where i was going to get my parnter to take all his vaulbles and store them at his mums and lleave only the essentials....that would have been worth seeing a bailif who cant take anything...I think i still might do that tonight as i need wriiten confirmation this has been sorted.[:(]

l morris

[thebear29uk]

Hi

For immediate peace of mind I would contact the baliff again and ask if Next have been in touch. If they say no, give the baliff the contact details for the person you have been speaking to and ask them to ring Next for confirmation. This should then halt any immediate action by the baliff.

I dont think you should regret the IVA. The good thing here is that you are protected legally but due to an admin error you have the upset of being threatened with baliff action. Had Next proceeded with their action I would have thought you would have a good case to claim against them for their actions.

Regards

Dave

[go_4_broke]

I hate to be the bringer of bad news but I don't think you will be able to get the CCJ 'removed', however whilst you are in the IVA no further action can be taken on it, and after you complete the IVA any remaining debt is written off so it is irrelevant.

Also contrary to what I said earlier it seems the Court probably cocked up as well, as they should have not allowed the Warrant of Execution whilst the IVA or Interim Order was in force.

-Best



'5 years sticking my head into the Lion's mouth of debt !'