Thinking of going Bankrupt

[PlanB]

Re: Thinking of going Bankrupt

PlanB

BTW I am an glad Niddy upgraded you to full mod as you have earned it with the excellent help you have been giving.

Well Done.

What a lovely thing to say

[Undercover Elsa]

Re: Thinking of going Bankrupt

Hi Pompey,
Just had a read through. I could certainly do you a letter to send to your creditors trying for a write off on medical grounds, no guarantees, but you do have a lot of health issues obviously so might be worth a shot. But first it looks like we still need to get to the bottom of this attachment of earnings? Have you rung the court to find out if a CCJ was issued?
How much is the debt for and has interest been frozen? How much were you paying per month?
I think there are multiple issues here to sort out but you are in the right place of course so try not to worry

[ATW]

Re: Thinking of going Bankrupt

Have you spoken to the court to find out if there is a judgment and if so how and when it was obtained? Ask for a copy of the letter that the order refers to. You need to know what has been said so you can see how best to respond.

[ATW]

Re: Thinking of going Bankrupt

Fabulous news. I'm pleased for you.

Just send their reply. Keep an eye on this though to make sure that you receive notice from the court that they have done what they say they will do.

[IF]

Re: Thinking of going Bankrupt

I'm pleased too, well done Pompey

[what2donext]

Re: Thinking of going Bankrupt

well done pompey great news

[PlanB]

Re: Thinking of going Bankrupt

got a reply today saying they have written to the court cancelling action


Dear Mr XXXXX
Thank you for your recent email.
We have instructed our Solicitors to write to the Court to withdraw the enforcement.
Yours sincerely
Litigation Department

Yay! This is excellent news

[Riz]

Re: Thinking of going Bankrupt

Pompey: I've removed your last post with the good news as it had a lot of private info that should not be posted on here for safety sake.

If you could please post again with that removed that would be great.

Thanks.

[pompeyfaith]

Re: Thinking of going Bankrupt

ATW

Thank you will do I am in pompey tomorrow so will take it into Court Office

[pompeyfaith]

Re: Thinking of going Bankrupt

Riz

Thanks m8 was overcome with excitement

[pompeyfaith]

Re: Thinking of going Bankrupt

This should be post 49 as had to remove and edit

Guys

Some here good news due to poor memory I forgot about this so yesterday I emailed DLCUK with the template from here customized and got a reply today saying they have written to the court cancelling action

I wrote to them telling exactly how it is with some options for them however the goal I wanted in stopping court action has been achieved as it was the wrong course anyway given my disabilities and situation.

The email I sent is below word for word with there reply, But just to cover myself should I now send those emails to the court with a copy of there order?

Hillesden Securities Ltd
Buckingham Road
Brackley
Northamptonshire
NN13 7DN

23^RD May 2014

Dear Mr Anthony Locke

I write with regard to the attachment of earnings order I have received of which there is to be a hearing on the 2^nd June 2014 at 12:30pm and thus emailed as time is of the essence.

I wish to apologise for not contacting you sooner because maybe this situation would not have gone as far as it has, however there are reasons for this as I will explain below, however due to the sensitivity of the information I am to provide I would appreciate it be dealt with by someone high up in your company who can show the utmost integrity.

As you know I was making payments via an arrangement agreed, however payments stopped back in October 2013 due to situations out of my control for which I apologise.

I am in very poor health due to an SAH I had back in April 1990 which caused a bleed to my middle cerebral artery and thus needed a deep invasive craniotomy to clip the bleed, however this operation caused a stroke to my dominant right-side so have been left with wide ranging lifelong disabilities both physical and mental as damage to my frontal and temporal lobes has happened due to the bleed and oxygen starvation.

I have what is known as Executive Dysfunction which is common in persons with brain injury and is very complex and so hard for people to understand and thus I attach a document given to me by headway the brain injury charity, this document will go some way in explaining why my communication with you has been lax.
I will attach a letter from my GP to prove the above is the case aswell as medical evidence to show the extent of my disabilities as they are complex and is hard for one to understand who has not lived it.

Despite this I managed to return to work 18 months later and stay in work until September 2007 when I was made redundant due to the global financial crash and that is when my debt problems started because by then the jobs market was very volatile and no one wanted me with the disabilities I had when there was an abundance of young able-bodied persons to employ.

So I had no options other than to take charity voluntary roles and claim Disability Living Allowance and Incapacity Benefit as it was then known, everything was fine and I was making headway in paying down my debts until the Government changed in May 2010 and the welfare reform came along and thus these past 4 years have been absolute hell on earth robbing Peter to pay Paul.

The Department of Works & Pensions have been nothing but brutal in there campaign to slash the social security bill and I am by no means excluded as in October 2013 I had my lifeline taken away I was getting �400 a month Employment Support Allowance and it stopped without warning and this money I was using to pay down my debts.

My wife works part-time and can do no more hours as she is her mum’s carer, her mum lives with us as she needs round the clock care due to being elderly and having Alzheimer’s disease.

We are now living off just my DLA of �202 a month which will shortly be under threat too when I am transferred to PIP and my wife’s earnings of �650 a month so we are in relative poverty as the cost of living does not come cheap as our mortgage is �463 a month and still have utilities and food shopping to pay for.

I am raked with stress, anxiety and fear as it is a constant worry and find myself pacing the front room in frustration often as I can see no way out for a few years to come, however my saving grace is my home as zoopla shows it having a value of �157,000 there or about and with a mortgage remaining of just �68,000 there is considerable equity.

I am sure you understand at this present time it cannot be sold due to our disabled mother who has a share and is on the deeds with us and is why she pays us nothing.
So what can I offer going forward? Indeed it is a difficult situation I am sure you agree as there are not many options for someone in this situation, however there is two options open to me which allows me to pay off all 3 of my creditors in full.

1. ^*/**/** I will be 55 yrs. old and be able to get an equity release this should not be too difficult given that I will have 100k equity by then, however it does mean you will have to wait a few more years but you will get payment in full and not a part settlement so given that you brought this debt for less than what is owed is a good deal if you are prepared to wait.
2. Our mum is frail and elderly and thus only has a few more years of her life left at which point we will sell up and private rent thus releasing the equity to us so we can pay off all we owe, this could materialize before I reach equity release age or sometime after but I will take which ever option comes first.

I do kindly ask you to stop the court action though as clearly given the situation that is not a wise move to take and furthermore as my wife works in a customer facing role handling cash it could diminish her prospects or cause her to get the sack given how volatile the jobs market is and we really need her in that job as we are done in otherwise and a bad situation will just get even worse than it already is.

As for the DWP I lodged a complaint with the Greater Wessex Complaints Resolution Manager requesting that an anytime revision of my claim for ESA is carried out given the upper tier tribunal Judicial review judgement handed down on the 4^th December 2013 which states those with mental health problems who have undergone a work capability assessment have been placed at an “substantial disadvantage” and that the DWP must make allowances as per the equalities act 2010.
The DWP lied to me and broke the law by not following their own guidance on anytime revision as they denied me my right to appeal, I have now complained higher up the chain to the Director General, Operations Noel Shanahan at DWP HQ Caxton House London I await his reply but suffice to say if I do not get a favourable response I will sue DWP for discrimination.

Please would you give consideration to writing off the debt given my poor health and release me from this stress as I have been hounded by quiet a number of debt collection agencies since December 2010, but if you cannot all I have to offer is above as I am now in financial hardship caused by the DWP.
As you can see, as my situation is very unlikely to improve in the near future, and my continued debt level may have a serious effect on my physical and mental well-being I would be grateful if you would seriously consider this request for the debt to be written off.Finally I request that no one calls my phone number today as I am extremely tired as I have been up all night putting this letter together due to its urgency and high importance. I would appreciate any help you can offer me right now.Yours faithfully,


Documents Attached


I attached letter from my GP, A document from headway explaining executive dysfunction and the upper tier court judgment for those with mental health problems which I am using in my own case if I can get legal aid for discrimination which I have applied for today from legal aid service as I have decided to sue the DWP for lost benefits which caused this and maladministration

DLCUK Email below


Yvonne Brackenboro <yvonne.brackenboro@dlcuk.com>


Thank you for your recent email.
We have instructed our Solicitors to write to the Court to withdraw the enforcement.
Yours sincerely
Litigation Department
t 0844 9800184| website | map

[pompeyfaith]

Re: Thinking of going Bankrupt

Just noticed my name is still there at bottom of letter and edit is not showing the post, leave it as not bothered as im widely known anyway and can be found on facebook

[Pixie]

Re: Thinking of going Bankrupt

Great news PF

(I think there's still too much private info though )

[Riz]

Re: Thinking of going Bankrupt

The tables that copied over were preventing editing in some browsers. Removed them and I think Pompey should now be able to edit that post?

[Undercover Elsa]

Re: Thinking of going Bankrupt

That's great news PF, I'm confused though...did you establish that a CCJ existed? Or have they withdrawn because it was made in error?

Elsa x