t’s two things – very connected. A PPI claims company were meant to be working on my behalf to claim a PPI refund. I was initially told by the agent who first contacted me that I was entitled to over £7,000 in refund. I provided all of the original paperwork leaving the company with very little to do however dispite this I had to chase and chase. I was speaking on the phone to a lady advising her that I did not wish to continue with their services when a man who said he was the MD came to the phone and convinced me to reconsider and sent me a copy of a single e-mail they had sent in an attempt to demonstrate that they had been working on my behalf . He also told me that my refund would be nearer £12,000
After more time and no word I rang and spoke to the MD and advised him I did not wish to continue with his services. This time he accepted my decision. I contacted my loan company myself and was advised I was entitled to around £3000, not the 7 or even £12,000 Financial Reclaims had promiced me. Very soon after,even though I had terminated, I received a very inpolite letter and an invoice from the the company for over £1,200.
I rang the companya number of times but the MD would not speak to me. I left messages and finally one of the staff told me that he would not take my call and had asked her to relay messages. I explained that I believed I had been missold there services, misled by them with regard to the figure I was due and had withdrawn before any refund was applied for, that I and had had this conversation with the MD personally and that he was fully aware and I requested that they cancelled this invoice as they had not carried out the work. The girl I was speaking to said that that was not something she could discuss and I needed to speak to the MD – I am still waiting
The paperwork then came through via the company from my lender for me to sign and return to the lender. The letter clearly said that I was to complete the form with my bank details and return it. Financial Reclaims however had entered THEIR bank details on this form for the funds to paid to them. Joe still refused to take my calls so I replaced their bank details with my own and sent it off.
I had advised this company I did not wish for them to work for me before the claim was made. It was only after I cancelled their services that they actually did any work and by refusing to either take my calls or ring me back demonstrates to me that the MD no longer saw me as a client and therefore should not have invoiced me for a fee.
Two months later I received a message from a Debt Recovery Company asking me to contact – I called and the woman I spoke to said I had not responded to her letter – i had not received a letter and asked when it had been sent. She then admitted that it hadn’t and e-mailed it to me. It was a seven day notice. I rang the next day and told her that I disputed the debt and she asked me to e-maile my reasons which I did\( outlined above). that was on 3rd December 2012. I did not receive a reply. On 10th January a man knocked on my door and handed me a Statutory Demand for this amount. I rang the woman I had dealt with querying this and she said I hadn’t got back to her as discussed. I directed her to her e-mail and the date and time of my message which she then admitted she had received. I asked what happenned next as I was aware the Demand had a timescale. I said I still did not believe I owed this money but felt backed into a corner – I also told her I was in financial difficulties and had amicable arrangements with my creditors via CAB and would look at my money and make an offer of payment. I rang again the next day and offered £5.00,pcm all I can currently afford at the moment and would increase this should my circs improve. She said she that she did not think that was enough but she would e-mail her client. She did not get back to me and the SD expired.
Attached to the demand was a form saying I had a CCJ for this amount that I had not defended
Yesterday I had a missed call from her and rang back. She said I was meant to be getting back to her and hadn’t and her client wnted his money and wanted a Bankrupsy application or an attachment of earnings applied to me. I reminded her of our conversation and repeated my offer of £5.00 minimum, asked for Standing Order details so that I could begin paying in the meantime and offered an Income Expenditure breakdown. She rudely said she would e-mail SO details and I had to send evidence of my income, to which I agreed. She also told me that she ‘did not believe’ I could only afford £5.00. Today I have received a Notice from them that a Commercial Investigator would visit my home at 6.00pm on 26th February to serve Formal Bankrupsy Proceedings and to complete a full inventory of assets.
Are they allowed to get a CCJ against me without giving me the oportunity to defend it?
Can I do anyting about the CCJ now?
Is theStatutory Demand real – there is no Court Stamp or date on it.
Are they allowed to come into my home to do an inventory of my belongings?
Can they make me Bankrupt for £1,250.00 and when I am offering payments?
I understand your situation here and do appreciate all the detail and information you have provided, and I will try to address what issues I can, but much of this may be a legal matter and you may wish to seek legal advice.
In regards to your questions:
Can they get a CCJ against you: Yes, if they can show you owe them or someone money, yes, a CCJ can be obtained. As for defending yourself, you usually are given notice of a court date for the creditor or the person you owe who is seeking the CCJ against you. You may wish to contact the court to get a timeline on this and inquire as to what occurred and what you can do.
As for an inventory of your belongings: usually bailiffs do this and they can only do this if you allow them entry; meaning if you let them in. Don’t let them in your property, period, for any reason. They cannot force entry, so close all blinds and do not allow them to come in.
Regarding can they make you bankrupt: yes, they can make you bankrupt if they can show you owe them money that is in excess of £750. But you should be given a hearing or court date for this as well.
The fact you have spoken to the CAB, and you may wish to speak to them regarding this again, and you state you are in a payment scheme, which means you can pay them a token amount each month as what you can afford, but it doesn’t stop a creditor from making you bankrupt. If you own property or have assets they could still make you bankrupt, but a charging order is more in line as in bankruptcy all your debts are included.
How many other creditors do you have?
How much do you owe?
Was the PPI claim against a former creditor or someone you owe?
Do you own any property or other assets?
Jon Emge is an experienced UK debt advisor who has helped thousands and thousands of people in the UK to deal with problem debt. Jon specialises in finding good solutions for problem debt using a variety of UK specific techniques.
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