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Dealing with Debt / Re: Help
« Last post by ERF on Sep 22, 2017, 09:20:33 PM »
Hi, there are ways to recover the car finance and deal with PRA. They have no notice of assignment.
Dealing with Debt / Re: Help mobiles
« Last post by ERF on Sep 22, 2017, 09:18:59 PM »

Hi, if anyone is committing fraud it's the mobile phone companies. They can be prosecuted for harassing you and demanding payment which is in fact illegal. Just search the companies such as 02 for example in companies house, look at their articles of association for free and you'll see they are not allowed to demand payment.
Dealing with Debt / Re: Advice with utility debts
« Last post by ERF on Sep 22, 2017, 09:14:07 PM »

Hi David,
It the matter relates to utility bills you are in no debt and you have no method of paying a bill in a fiat currency system. For evidence of this I suggest you look on companies house for free in respect the articles of association of the respective billing agents which quite clearly tells you that utility billing agents cannot demand payment, it's illegal. Since 1882 nobody in Britain has paid a bill. If that sounds odd please advise what you've paid with.

Dealing with Debt / Re: Advice with utility debts
« Last post by Scrooge on Sep 21, 2017, 09:28:45 PM »
That was an unfortunate typo the IVF lol. Well spotted ! ;D
Dealing with Debt / Re: Advice with utility debts
« Last post by Lisa Thomas on Sep 21, 2017, 09:27:52 AM »
I presume you meant IVA instead of IVF?  I don't think IVF would improve someone's debts - probably increase them!

Gave me a chuckle.
Dealing with Debt / Re: Default HELP!
« Last post by Scrooge on Sep 20, 2017, 05:22:08 PM »
If this default regarding you is incorrect, you will need to go through Experian's procedure for having it removed as mentioned above by Lisa.

I had to do this twice a few years ago. It took a while to sort it out, (about 2 months I recall) and was very annoying, but if you start the process it should be removed. However, I do remember them telling me that in order for it to be removed, your creditor who has given them the information wrongly has to instruct them to remove it. IE Experian won't remove it no matter what you show or tell them. They need the information from your creditor confirming the default was an error and should be removed. I remember writing to Santander several times plus phone calls over 2 months to get them to contact Experian. Eventually they did it but I had to keep on their backs!
Dealing with Debt / Re: Advice with utility debts
« Last post by Scrooge on Sep 20, 2017, 04:59:36 PM »
Hi yes, sequestration is Scottish. I've updated the previous post adding the term bankruptcy just to be clear.

Dealing with Debt / Re: Advice with utility debts
« Last post by Lisa Thomas on Sep 20, 2017, 04:51:09 PM »
Useful post, thank you.

As far as I am aware self sequestration only applies in Scotland.
Dealing with Debt / Re: Advice with utility debts
« Last post by Scrooge on Sep 20, 2017, 04:49:32 PM »
Gas and electric, phone companies etc can only chase the account holder. Doesn't matter who else lives there. If your wife is registered at your address living with you, I believe you are both liable for payment of Council Tax. What's best for you depends on your income/circumstances. If you have some disposable income you should at least address the C.Tax problem because there are powers in place to recover that, more so than utility debts. I'm not sure why they haven't already taken action regarding the C.Tax? If you have gas/electric arrears, I'm unsure why you haven't been disconnected yet?

Regarding utility bills and joint names. It's possible to have joint names on those, it depends on the company. Virgin Media only allow 1 name on the account but I know of energy companies who allow joint account holders.

If you don't own this house and have no assets you should consider bankruptcy/ IVF or in Scotland the equivalents......self sequestration/Trust Deed for which you would be best to get advice from a registered Insolvency Practitioner.
Dealing with Debt / INHIBITION ORDERS in Scotland
« Last post by Scrooge on Sep 20, 2017, 01:03:59 PM »
There is often confusion about what an Inhibition Order is and whether it is the same as a Charging Order.

Inhibition Orders relate only to Scotland. Charging Orders do not exist in Scotland. An Inhibition Order is granted by a Court after or at the same time a creditor obtains a Decree against you for an unpaid debt. An IO is on YOU not the house. It stops YOU selling the house without paying the inhibiting creditor first. It lasts for 5 years, but it can easily be renewed every 5 years hence in effect it is best viewed by a debtor as permanent.

It is now possible for a creditor pursuing an inhibition to get an interim inhibition before the Court has actually granted the Inhibition Order, which means you have less time to plan and react to what might be coming. An IO stops YOU selling without paying the debt, but it can't lead to your house being sold or further enforcement. It will just sit there until you sell the house.

If you have negative equity or low equity it's not so concerning, but if houses go up in price significantly it will be, because your increased equity will be swallowed by the inhibiting creditors if you sell up. If you do have house equity then they are going to hoover it up when you try and move house.

If you fully intend never moving from your current home you don't need to worry too much. However, if you want your equity to pass to anyone else when you die, the inhibiting creditor will swallow part or all of it when your house is sold. Although an IO expires after 5 years, it's best to view it as permanent because they can just get it renewed very easily.

If you are in debt trouble with creditors threatening to get Court decrees against you, the Court may well accept a low repayment plan based on your income, but 1 or more of your creditors may get an Inhibition Order against you.

If you sit there hoping Court action might not happen or just thinking you can pay £1 a week if you have no income, you are likely to shoot yourself in the foot, because irrespective of the Court's decision you may well end up with Inhibition Orders.

An IO can be wiped by self sequestrating within 60 days of when it was granted in Court. However, If you are not considering that, then the only way you can avoid the possibility of inhibitions is to sell your house before they get the IO. As they can now get interim IO's before the IO is granted, if you want to sell up you need to act quickly. Selling even for a few thousand less might be a better option if you have large debts than sitting there and having inhibitions slapped on you.

I hope this is helpful.


My comments are based solely on my own experience of debt. It is always best to seek the advice of a professional debt adviser/agency as soon as possible.
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