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When a homeless person gets arrested, what do the police do with their many bags/possessions?

Most of the time, they lose everything.My step son just showed up in his “Duct Tape Battleship”, a 30′ RV, that chugged into our back yard and had the front end (literally) fall off. We let him, his girlfriend and dog stay (again) as the repair parts were ordered. We paid for them. (Happy Birthday) Meanwhile, it’s on blocks out in the rain.They refuse to let us even look into the gutted camper. The glance I got into their “$100 homeless shelter” showed me an interior that looked like somebody’s “junk drawer”. Stuff had been spilled onto the floor and pathways kicked aside to allow movement.He works on the docks in San Diego as a deck hand on the fishing boats. This means half the year he has no income, save for what work he can get making boat repairs in the off season. The RV is one giant scatter of tools, food wrappers and supplies.It’s their third RV in two years. (We paid $1000 for their last rolling horror.) It lasted 8 months before it was towed. If they both get work at the same time, the cops inevitably tow off unattended RV’s.They lose all they own each time.Keeping a large dog helps them both mentally and it makes the vehicle “attended” if they are away. The big, lovable but loud Pit Bull makes towing the vehicle a bit more “complex” for the authorities.They’d still take it, though. They would just lose their dog unless they had hundreds of dollars to “bail him out”. The county is broke and they need those fines and fees.They were presented with a 14 year old car that another homeless family was going to abandon when they fled to Texas for work. It’s like “The Grapes of Wrath” in Southern CA these days.Thanks, Gov. Newsom! Your policies serve us well!The Walmart hubcaps we bought them made their little red car look a LOT more presentable and thus less noticed by the cops. One traffic stop and they would have lost it for lack of proper registration and insurance. Thank God that got fixed.All three lived in that little red Chevy after the loss of the RV we bought them. They finally got this one when its elderly owner’s son finally agreed to let his homeless Dad move in with him in Texas, where he too had fled for properly paid work and affordable rent.We paid the bill for their cut off, shattered glass cell phone. Right away, it rang and he got one day’s work repairing the brakes on a fishing boat client’s Mercedes.In CA you are either RICH or dirt POOR. The middle class is winking out like a blown bulb in a dirty stove.Normally, folks would walk up to his “Duct Tape Battleship” parked near the docks and offer him cash work. Having paid their ATT bill, the working phone got him $150 in employment immedately.25 years ago, when we bought this home, I intentionally got a very small place with just two bedrooms and one bath. One room is for my very full office (I’m a retired illustrator) and the bedroom we sleep in. Even the living room is “tight” if we have more than two guests over. My den stays locked up with all the valuables inside.The choice was intentional. No one can beg their way into our home. There is simply no room. Her sister is homeless and lives 3 blocks away in her boyfriend’s sister’s garage. She cleans our house for food money.She lost her car and driver’s license 10 years ago for not having insurance or registration. She literally waited 7 years to re-apply for her license as she did not have the hundreds of dollars to pay the tickets. More people do this in CA than you know, making hit and run accidents commonplace here.Her son is homeless going on his second decade (just like his aunt and for the same reasons). I want neither of them crowded under our roof as we live out our retirement. Then again, they are “family”.Having chronic homeless in one’s family gets very costly and if we are not careful, we could end up on the street with them.We have no idea what would happen if either of these two got sick. One option was to just turn our backs on the situation and move to Kentucky. She doesn’t want to leave her son, though. All my doctors are here, too.God help us one and all.UPDATE … Two Months later.Well, they just now drove off in the little red car and the repaired “Duct Tape Battleship”.During their time here, he fixed up his front end, installed a water pump and made his beat down coach a bit more reliable. Then, he looked on Craig’s list and found free wood flooring and new cabinets for the gutted interior.He fixed my 1967 Dodge pickup truck so we could go “get stuff”. He put in a new carb I bought and several motor gaskets. Then he tuned it up and off we went.I was amazed at all the free stuff that is available on Craig’s List.We had parked his RV in our tiny horse pasture beside the six-bay carport he built 13 years ago when he got out of what I call “Debtor’s Prison”. Don’t ask. It will simply make you angry. They really do jail you if you “can’t pay on time” in California.If you “fall” here, you fall HARD, all the way down.The carport was payment for letting him live here for six months in a rusted 17′ trailer that was rotting out back. I used it to store tools and horse supplies.He had found three pickup truck loads of 2 by 4’s for free and I pitched in for the plywood. He built it while I worked 12 hour shifts at the nuke plant to pay for it. He even built a center “shop” for the horse feed and tack.Even back then, my wife’s sister asked if she could live in it. We filled it fast.The carport roof now desperately needed to be completely replaced. It was falling in. I bought the supplies and not only did he fix the long roof but he built a beautiful 17 x 17 sub-floored enclosure in the center. He found an air-conditioner for free on line, hard wired the structure and installed it. He also found eight new free fluorescent lights and put those in as well.We’ll store our furniture in it while our home is remodeled next month.What this does actually helps another former homeless person.In 2016, we worked with “Interfaith”, a group that runs a Veterian’s Homeless Shelter for men. (Us Elks do stuff like this.) We took on a tenant for our granny flat that had been in their shelter for 18 months. The church paid the money he needed to move in.I just had to ignore his credit score and trust him. He’s been here four years now and is the best tenant we’ve ever had. Not one late rent check and he’s always gone, driving people about. The perfect tenant, right?He was able to move his wife and four year old little boy out of her mother’s apartment (that has 7 people crammed into it). So, in addition to helping a homeless vet, we reunited a family!The last time we remodeled back in 1999, we waited until the flat was empty and simply moved in while our house was redone.Not now. This new tenant has no choice but to stay. His credit still resembles a smashed thumb that won’t heal. We keep the rent low and he pays on time. We don’t want to lose him just to remodel our home. However, we have foundation repairs that will not wait much longer.Now that we have a place to store our furniture while our home is redone, we have no need to use the tenant house. The renter can stay. We’ll simply spend a couple of months in our own 2016 30′ RV while the work is done.“I’ll pull everything out and paint the rest of it tomorrow,” I thought as we watched them pull away. Next time he is up here in North County, he’ll shingle the roof, he said.He has no license, as he too is waiting out the 7 years for his record to clear because he does not have the thousands of dollars in court costs he owes. I call this situation a “poor tax”.He constantly worries about being pulled over. There is absolutely nothing he can do to fix the situation except wait it out. He can’t pay rent let alone make regular court payments. Missed payments could land him back in jail once enrolled in their expensive program.So he waits and the state gets nothing … because they asked for too much.The state just hopes that if he can’t pay, somebody else will. Being poor in Southern California is almost like being in a Mexican jail. It is nearly impossible to “go it alone”.In fact, the radio just said that on minimum wage, NOWHERE in the United States, can any one person afford to pay rent.Really?The Battleship has no insurance as nobody will insure a vehicle for a driver with no license. He still has four more years until the records are expunged and he can get a driver’s license and proper insurance.Any check he gets is in his girlfriend’s name to keep the state from taking it. Last year he made $150 “too much money” just one time and she lost her food stamps. It's almost not worth it to report your earnings here.See what I mean about a “poor tax”?His girlfriend is at the wheel of the little red car, following along as they pulled out. She has a license and cheap insurance for it. I know. I had her show it to me.But if the RV breaks down on the way back to his usual parking lot in San Diego, they will lose everything … again.So, we helped him once more. This time he helped us continue to help another person in need to keep his home.And I got a new storage shed in the deal.My wife’s sister already asked if she could live in it, so once again …We have to fill it fast.A SAD UPDATE.It is May 1st, 2020.10 days ago, his girlfriend passed away suddenly. This terrible virus took her really fast.She was a diabetic asthmatic and she did not “take care of it”. A lot of people don’t.They were in the RV for three weeks in the rain and cold. The pandemic closed the parks in San Diego, so they had no place to dump their tanks. The nice fellow that gave them propane for heat and cooking was also gone now.Park closures meant no park restroom to wash up in. The tiny toilet in the RV worked but not the shower. They were sponge bathing.She got sick. She developed flu-like symptoms in that cold, leaky RV. Her asthma was acting up, too.The hospital told him to monitor her temperature and call 911 if she developed a fever above 102. He was told to NOT go to the ER. Of course, they had no insurance.The next time he called that number, it was to report her death.He told us nothing about her being sick, only saying she thought this virus was “the end of the world”.I guess you might say she was right.He called and asked to borrow $100. We placed it on the front porch bench. We are both high risk and could not chance seeing him face to face. With his girlfriend sick … we just could not do it.We waved at him through the picture window as we stood arm in arm. He picked up the envelope, lifted his bandana, smiled a half toothed grin and left.“Of course, he’ll not see a dime of the stimulus money,” I thought. Homeless people are rather “invisible” to the rest of the population.He used the money to buy two days in a hotel room to try to warm her up. She was wheezing as he covered her in the blankets from both beds. He plugged in a heating pad that covered her legs.She was SICK.“Hand me my inhaler, babe,” were her last words.One puff, her eyes rolled up and she lay back, dead on the clean sheets in a nice bed with a roof over her head. It was the best he could provide for her when God called her home.Of course, he panicked. He called 911. He was beating on her chest in a CPR attempt. They had to peel him off of her with gloved hands and masked faces.There is a rubber device that goes over the mouth of a victim. The first responder blows into the one way valved mouth piece to offer CPR, contact free. They “offered” for an hour, he said, as he sobbed over the phone to his mother.“They finally just called it quits,” he bawled. “About ten minutes ago.”With our “extreme high risk” status, we couldn’t even go give him a hug.I spoke to him, telling him it was not his fault. They would not confirm whether it was the virus or not. (Those numbers are important, ya know.) I added that there was nothing he could have done. These days they do the opposite and inflate the numbers to get more of Trump’s money.What a world.More about money later.Given the symptoms, I called it a “stroke”. Strokes come on without warning. He could not have known … and there is not much you can do unless you act fast.I had an Albuterol inhaler a couple decades ago. One puff and I’d get a sharp headache “right between the eyes”. I tossed it away. The drug is a vasal dilator. It expands the veins in your body, starting with the lungs, to make breathing easier.Weakened by those “Flu Like Symptoms”, it burst a blood vessel in her brain after she used her inhaler. Death was instant as a gunshot.I had to think of something to say. His girlfriend was laying D-R-T (dead right there). He was waiting on the coroner. Then I remembered how I helped Mom when we had Dad die on us.So, I tried to help him over the telephone. The officers were waiting for the corner outside, to “give him some space” and to not be near another China Virus victim.“Son, do you remember people describing those “near death experiences”?“Y-yeah.”“They always say they remember floating up in the ceiling of the room, looking down on the bed and the family gathered around.”“Y-yeah. I r-remember.”“Well, look at the ceiling, right above her.”“Y-yeah, Don? I’m lookin’.”“Go ahead and wave goodbye, son. Wave goodbye and tell her you’ll be alright. That’s what she needs to hear right now.”“O-okay. I’m waving g-g’bye right now.”“Smile, dammit! You gave it your best shot! She needs to hear you’re okay.”“I’M OKAY, BABY!!!!!!!!!”Silence on the phone. Finally, I asked, “You feel any better?”“Yeah. I actually do. G’bye, Babe!”When you get to be my age, you’ve seen a death or two. It’s how I calmed down Mom.There was a good side to it, though.I mean, we are all in this together. For the first time, every person on the planet is threatened by the same danger. It should unite us. It has in many respects.It turned out his girlfriend of 7 years (common-in-law wife, I think) had a LOT of friends “on the docks” in San Diego. They provided him with such wonderful support.They lined up in the rain to offer him comfort, cooked plates of food and other meager things a group of sad, soaked homeless folk would offer. This was her only family.The boat that she did laundry for when it was “on season” for many years offered to take care of the cremation. He finally got her ashes back about 6 hours ago.She wanted to be scattered at sea. That will happen free of charge. Rich or poor, we are all in this Pandemic together.We still can’t go visit him but he seems better now.NEXT UPDATE. A Better HOME! A stable LIFE! 7–27–20Sometime, about 14 years ago, he came out of prison and he had learned something from a fellow inmate. The guy was in Donavan State for income tax issues.SO, this man felt he had been treated unfairly and wanted payback. He also knew about taxes. In detail!He figured a way to have an inmate who had worked in the “prison industries” making prison office furniture, apply for an income tax return.He taught this to as many soon-to-be released inmates as he could. He would make the government PAY for what they did to him. Indeed he did! Many times over!The way it worked was this. When my son-in-law got out, of course he could not get work. Who hires a toothless ex-con and has to stop work and report to a parole officer three times a week?He worked making prison office furniture while incarcerated. He refused parole. He wanted a “clean break” once released. I believe he said they gave him 8 cents an hour on his canteen account for his 40 hours a week labor.That stipend is definitely not minimum wage.He had a loophole method to report that his hours of labor paid that should have been recompensed at minimum wage for the past year. It added up to quite a sum. As far as the W-2 form went, a statement saying “Donavan Institution does not provide W-2 forms” was enough on his income tax return to file it.A check came in the mail for him for almost $3,000. It was his sixth month crammed into an 8 by 12 space a the back of our home! He had been sleeping in the antique, 150 year old bed his great grandmother was born in. It was a tiny but cheery room with a large picture window overlooking the horse pasture.With money, he was able to move out! Yay!He was “back inside” in another couple years. He and his dog lived in a battered Toyota stake-bed truck with plates that he had “acquired” current registration stickers for somewhere. When caught, we took back the pure bred dog we’d given him from our breeding stock of Aussies. We raised “Biddy” and the sweet puppy lived to a ripe old age.She loved to lay in the tall grass and was a “very good dog”. She’s still outback, under our massive California Pepper tree for eternity.Just last week, still in mourning over the loss of his girlfriend and 7 year partner to the China Virus, he recalled the money he got from the IRS those years ago. He, still in the “The Duct Tape Battleship” with only his new dog for company, put on his thinking cap.The government had opened the cash floodgates to help the American people during the pandemic. I personally believe that this act of empathy alone should get the president re-elected. But with the Democrats trying anything they can to “Dump Trump”, who knows?It’s wrong but who knows?What I do know is my step-son not only got $9,500 in “unemployment” but he also got the same amount for my wife’s homeless sister. Both had only worked “under the table” jobs most of their lives.This cash CHANGED their lives.She set aside her new (but “rattle can black” painted bicycle) and bought a really decent Toyota SUV, in her legal name with actual insurance. They bought a “newer” mattress for the garage they live in and replaced their dead, cracked Obama Phone.My step-son made the best move of his life, I believe, with his money. He recalled a TV show we’d watched together years ago.We sat with him and watched a National Geographic special about the boat people in Thailand. They lived on boats in the fetid canals with their families for no rent at all. They sold fruit they gathered to the people of the city to get by.As a professional sport fisherman, he did rather well “on season” but could not afford any PART of a San Diego waterfront apartment under any circumstances.The wealthy could afford $3000 a month for a slip and hook ups for their luxury cabin cruisers as they were living their retirement dreams. They live very well indeed.He found that he could moor a boat off shore for only $150 a month! A two minute troll in a boat’s dingy got him to the dock and that little red car mentioned above. (He now has correct plates and insurance). He could actually GET BY!Finally. He is no longer hand-to-mouth.He paid $5,000 of his government windfall to buy an older but really nice, spotless cabin cruiser. Today, it is moored off shore with that little dingy. He and the dog watch a 32″, 12 volt smart TV, powered by a folding solar panel from Harbor Freight.I have not seen his new accommodations yet, but over the phone, he seemed quite proud and at last, he is happy. The pictures of it look great. I noticed a “Trump Flag” waving from the flying bridge.Trump should also be proud. He has turned around the lives of MANY Americans, no matter what your politics are!It might be “3rd World Style Accommodations” but you have to say, thanks to the government “opening the coffers” in response to the China Virus, many people are doing a lot better than before. There seem to be less homeless tents on San Diego’s sidewalks these days.If I could vote, I’d keep him in office another four years,” her son said on the phone.“I have a stable life and a future, now, thanks to him,” he told us.Seeing my wife’s sister driving her “new” legal, shiny Toyota, I can’t help but agree.Their lives have been transformed.9–7–20 A pleasant surprise.As we watched the streaming of the huge “Trump Boat Parade” yesterday, (Mainstream media would only broadcast snippets of it, lest it “Help Trump”.), we marveled at the sheer VOLUME of participation.Thousands of boats motored past, all waving flags with masked people, hopping up and down on the decks. A Navy WARSHIP appeared in their midst, honking its horns and waving that huge yellow flag we see everywhere from the back of pickup trucks, along with the Stars and Stripes.The flyover of antique military planes was impressive. Nobody can do it like San Diego!It was a shame the television refused to broadcast this massive turnout, we thought as we watched on our iPhones and iPads. The streaming included audio from local Marine Band radio traffic as the crowd of vessels passed.What a bonus! We heard the commander of the Navy warship saying to the Coast Guard that he would just “slip right into the gap” they appear to be making for him. The Coast Guard replied that they were getting “good cooperation”.The air waves were crowded as people chanted “Four More Years”, “All they way with Donald J!” and “Thank you, Mr. President!” I’d not heard that one before. Some just pressed the mike button and screamed in support.Thousands of San Diegans were cross-talking their praise on the radio, about the only honest media left to them.“Most of the nation would not hear this, anyway,” I thought. “Maybe they will hear it in November.”Then my wife hopped out of her chair.There on the screen, waving a faded blue “Trump Flag” stood her SON on the foredeck of his new home. With him were several others, no doubt homeless people who lived in and around the docks of San Diego, eking out a living.It was the least they could do to say “Thanks, Mr. President.” They no longer feel forgotten.Wow.And once again, I was honored to watch “something historic” with my own eyes.At least something good came out of this story.

How do you shop, cash or credit card?

If we are talking very small values - less that £20 for say some quick shopping in the local market I probably will use cash.However, I always use Credit Cards for larger purchases (over £100 in the UK) due to certain protections in UK Law under The Consumer Credit Act 1974.Under s.75 of the Act, if the goods are defective or if the supplier goes out of business and the goods have not been delivered then although you can’t issue recovery proceedings in Court against the original Vendor (they have gone out of business). If they just won’t replace make good the damage/breach of contract, you should write to the Credit Card Disputes section and they will investigate the situation for you. They can take the case over and issue a standard summons (Form N1 - County Court forms) which they would fill out as normal but quote the Supplier.You would be quoted in the Summons and Particulars of Claim, as “Joint / Co-Claimant” since you were the one who was provided with the defective goods/workmanship.The Particulars of Claim would read:In the XYZ County Court (followed by a space for the court to issue a Claim numberYou would then “cite the parties”In the matter of ABC ClaimantYour name co-Claimant.Versus (v.)The name of the supplier which has defaulted.You would then go in to the “Particulars of Claim”That would state on a bullet pointed basis who the agreement came about and date.The items involved and the cost of those items.The nature of the dispute/damage /Breach of Contract.The actions you (Claimant) have taken to date to request the matter(s) be put right and the responses the Defendant has put forward and why you disagree with them.You would then state your Claim:Payment of the sum stated in the Particulars of Claim £1234.12Statutory Interest (at present in the UK 8% per annum)Costs. (These would be the costs of the issue of the Summons as a fee, and an indirect request for the Judge (if it went to trial) to award further costs as they feel fit.That would be “sealed” by the Court and a copy held on file by the Court, a copy of the sealed document back to you; and the original Summons and Particular of Claim sent to the DefendantThe Defendant has got 14 days to respond (admit or defend). After that you can enter Judgement.Now the advantage of using a Credit Card in particular is that s.75 is available if you need it and usually the Credit Card Company will take the case over; refund the money. If not you can continue the case and then it is up to both Credit Card AND the person who Defaulted (Joint Defendants).If they both Defend, that defence will be sent to you for you to make a statement to the Court why your disagree and “on notice” (which is another type of application form [N244) to have the matter set down for Trial.The Court will process that and a Hearing Date set down; i.e. you will be both Summonsed before a Judge (if under £5000 it goes to Arbitration in ”Chambers”.That is to say the matter will not be heard before a Judge but a person authorised by the Court to act as Arbitrator. The Arbitrator can still make a Judgement which is enforceable, but will pass the case and Hearing Notes to a Judge to make a Final Order for the debt value and the method of payment; again will seal the case.The same largely goes for a Debit Card, however because it tends to have smaller amounts and even with a large overdraft, if you have a regular income that will pay off the “oldest debt first” (known as Clayton’s Rule of Allocation).If you have reached a stage where the item subject to the claim has effectively been paid, then you will not be able to issue the summons for the debt’s refund.However you may still have a Claim under The Sale of Goods Act 1979, Unfair Contact Terms Act 1977, and Defective Goods and Services Act 1979. That would go through a similar process as the general claim for return of money; however the above Legislation (now consolidated under the Consumer Rights Act 2016- so the “Causation” would be stated under that Statute as opposed to the other three in listed form).However in that case if the Supplier has gone out of business and or the goods could not have been inspected prior to installation the manufacturer can be required to take the goods back and replace them, even if they are out of Guarantee (again a 12 month guarantee/ warranty has to be supplied by the Manufacturer). In that case the Supplier would take the goods back without your need to issue proceedings and demand a replacement from the Manufacturer, again in much the same way as you would have issued proceedings against the Supplier.Either way you should be compensated in the form of a 100% refund, and if the matter had gone to Court, the Judge would make an Order of Costs. Alternatively a replacement item of “equal value and quality” (so that may not be the same manufacturer). in the latter case the goods replaced by the “alternative manufacturer” would usually be due to the original manufacturer having gone bust/out of business.The Court would compensate the other manufacturer out of a general fund for cases such as these.I know that I have gone one, but hope that this gives a full over-view of the rights of the consumer if anything does go wrong and you have an unco-operative retailer or supplier.I hasten to add that the above laws are under English Law and if you need recourse in other Countries rules may be different. However most Credit Card issuers do have similar grievance rules enforceable in Court.RegardsChris Richards - London.

What happens if I can't pay my medical, student, and credit card debts?

I shall start by saying that I am in England and our laws relating to the three different sources of debt are dealt with, particularly student debt.Student Debt:The debt is created from a “loan” to carry our a course of education leading to a higher level of education. Previous to this it was a grant, which did not have to be repaid.Whist I disagree(d) with it, the Loan was brought in to discourage school leavers, particularly those from monied backgrounds having a “jolly” on the State, not really bothering to study but “enjoy” student life. These students were a pain in the neck as they took places that less monied students wanted and would complete the course. So the student loan was created.There was a serious “uprising” by people and to a certain degree reasonable about the Student Loan. Part of the argument, and I do agree, was that if as a student you didn’t hand in your assignments on time you were before the Bursar (like a Headmaster) and given a warning. If you carried on, you failed again, you could be thrown off the Course and another student take your place (in the UK known as the Clearing System). Actually it was designed for students who had not reached the grades required for certain courses at the college of choice, but a similar course was available at another college which although may lead to a lower qualification still meant that you got what you wanted.My sister went through this process and although disappointed she didn’t get to the more respected college and what would have been a more respected qualification (Batchelor of Education), but instead gained the less acknowledged “Certificate of Education” and at a different, much smaller college.In the event this turned out to be very much to her advantage and actually got her further, and ultimately she did reach the attainment that got her as far in teaching as the Batchelor’s Degree in Teaching would have got her, albeit not quite as quickly, but she still moved through from subject teacher, to Form Teacher to Year Head; and although not Headmaster/Mistress in real terms Year Head held as much sway.The other co-incidence was that as a result of going to this other college actually she met her now husband and they have been married for 35 years. Had she gone to the other college, this “union” would never have happened.Student Loans came in about 10 years after my sister secured her Teaching Certificate. However the issue was that these loans put many school leavers from going to college, actually the Government shooting themselves in the foot. The rationale at the time was that those who took Degrees through College and University got better jobs, and therefore should “pay back” the cost of the Higher Education which secured the jobs.What didn’t cross the mind of the Government of the day, that these people would actually attain higher qualifications, an asset for the Country. Equally by default earn a greater income and therefore taxable income so the Government got their money back albeit not as fast through the higher levels of taxation that those with Degrees and Higher Education created as a result of higher pay.Actually there were riots about this change from Grants to Loans and nearly brought down the Government of the day. The rules were changed so that although the loan still went ahead, providing you completed the course if you did not attain what was expected and could not find work within three years or reach a certain earnings threshold within those three years the debt was written off. To that end no Court Action took place.Medical debts can in theory be taken through County Court and the patient sued for the non payment of the debt. In the UK that doesn't happen, even under private medical insurance since if you die, then the debt is usually written off. Alternatively even if you survive and there is a small debt left, then you are transferred to the National Health Service and the debt left open so that when you leave hospital, and then may be pay back the deb. In theory they can pursue you through County Court as a contractual debt, but is not usually the case for political and public profile status and respect.Credit Card Debts, and other Loans such as overdrafts and fixed term loans (for example a car) and certain types of lease agreement their is specific legislation relating to public loans, known as the Consumer Credit Act 1974. This was the replacement Act of the 1964 Hire Purchase Act 1964, the latter dealing exclusively with Hire Purchase transactions and some of the “dodgy” actions of certain, less professional firms and “snatch backs” on a certain technicality.The Consumer Credit Act 1974 is actually quite a long piece of legislation, and although now hopelessly out of date (in fact it was before it was fully passed on to the Statute Book), that it desperately needs to be updated. This is mainly because it has not caught up with the times and in particularly the modern loan sharks such as “Pay Day Loans” and “Wonga” etc. who have found a number of loop holes which evade the Act and its intended protection.The Consumer Credit Act (CCA) included part of the Hire Purchase Act relating to Hire Purchase Act relating to repossessions, known in the CCA as the 1/3 and 1/2 rule. The important point about the 1/2 rule was that if you had gone beyond that stage of the loan, all you needed to do was hand the goods back (usually a car) which had a “residual value” and that meant the rest of the loan was cleared. The rationale that the resale (residual value) of the car was enough to clear the balance. Although in practice it was not the case, it did provide protection for the debtor from being pursued (sometimes harassed) for the balance.There was another advantage in the CCA for the Consumer and covered Credit Cards as well as general lending, including overdrafts with banks, and transactions over £100 within that account. Whilst the interest rates (in my view are way too high given UK Base Rate is 0.5% flat ) these cards are charging between 19–39% APR. The issuers argument is that high rates of interest are to cover the (sometimes genuine) risk of default and write off of the money borrowed on the revolving loan (as they are referred to).However the CCA provided a lot of protection for the Consumer (defined as unlimited businesses and companies as well as individuals) against rogue traders and those which went bust. This clause (section) of the Act, know as S.75 meant that if the would be errant trader failed to replace or make goods on purchase, despite your demands, you could issue legal proceedings not only against the defaulting supplier, but he lender as well. All Credit Card issuers and General Lenders which are controlled by the Act have to provide a disputes resolution operation where in fact that they behave as arbitrator and if you as purchaser are actually in the right, the debt can be taken out of your hands, your account credited, and the bank will sue the other party in their name with your as a referral (known as ex-parte) that is to say they take up the case for you and the bank (being stronger) can take on the defaulting supplier. In the case of hat operation's insolvency could appoint a substitute supplier to carry out the rectifications. These were also supported by he Sale of Goods and Supply of Goods and Services Legislation (now consolidated under the Consumer Rights Act 2016.To that end the Consumer now had a considerably stronger stance and protection than before, since the bank was in a stronger position and could afford to pursue the errant party through Court. There is also a central operation which accepts reports of this sort of behaviour not only by lenders but suppliers as well who can have their Consumer Credit license removed as well as been sued for “Breach of Warranty”. That way errant traders had a pincer movement against them with the Consumer Rights Act (operated by Trading Standards) and the CCA enforced through the Civil Legal System.Further protection for the Consumer borrower (ironically) was that to prevent all the snatch backs and “vexatious litigation” that was going on in the 1950s and 60s the lender had to issue what are known as “Default Notices” (s.87i-iv of the CCA). These were sent to the defaulter to show that the account was in arrears (default on payment), the amount needed to bring the account back in to order, alternatively the amount required to settle the account out-right for he Notice to be withdrawn. It also gave details where the debtor could get help and advice if they didn’t understand the document and its implications- something which was ground breaking at the time.If the debtor then failed to respond or come to an out of Court arrangement, then the agreement could be terminated and the matter then referred to Court for collection through the Civil Court Procedure. If all was in order from the lenders point of view and the had complied with the pre-litigation requirements of the CCA, the debtor would be served with a Summons, to which they could reply giving ground for non payment, or admit the debt. In effect this now made the debt a “Crown Debt” and both Creditor and Debtor now reported in to the Court.If grounds were given and the Creditor disagreed the matter could be set down for Arbitration / open Court Hearing and a decision made by an authorised Arbitrator within the Court or before a Judge/Registrar in open Court.If the Judgement went in favour of the Creditor (lender) then the Court would make and Order to the effect: that could be a “Forthwith payment” (Judgement with costs paid immediately (accepted as 14 days)) , and instalment plan set down by the Court and was based on a “statement of affairs; of income and outgoings” of the Defendant, and the Judge would make an Order in line with the ability to pay. Actually this could be to the point of absurd of say 50pence per month; however still a valid Judgement.The Claimant (it used to be the Court) was then expected to receive that money on due date ordered by the Court, and deducted from the Judgement Debt, inlculding Costs and Interest, if that had been ordered by the Court or as Claimed by the Claimant.If the money was not received, the Claimant could report this to the Court and upon application the matter enforced. This could be in the form of:Warrant of Execution (not as dangerous as it sounds -:) ) where a Bailiff can be instructed to “levy” (take possession) of goods and sell them to the value of the warrant.In the case of a person who is employed, an Attachment of Earnings Order. In short it is an Order made by the Court to the employer of the Defendant to take money from that employees wages/salary and pay it direct to Court, these day to the Defendant.If the debtor has property (house/fixed asset) an Charging Order can be secured, which basically means that the house/asset can be sold by and Order of the Court, the money from the sale paid to the debtor(s) who hold Charges over the property. That would usually include a Mortgagor. That party has priority over the holder(s) of the Charging Order(s) , and in some cases could object to the enforcement, again upon application to Court. To that end it would not be in the interest of the holder of the Charging Order to proceed to enforcement as they would carry the cost of the application and stand the risk of getting nothing .Usually what the holders of Charging Orders would do, would be to write off the debt if it could not be recovered by instalments and then wait until such time as the property was sold through the course of time, or the Mortgagor enforced eviction and took possession of the property, selling it to settle the debt. Any monies left over passed to those in the chain of secured (Charging Orders) Creditors in the order that their action was registered on the list of Charges held at the Land Registry.Usually where the debtor (Defendant) clearly has no money at all and the other enforcement methods useless the debt is written off. There can be an application for Bankruptcy lodged but again it is not usually in the normal Creditors’ interest to do so as it is expensive. Again it is something that would take place by a larger Creditor who could recover the majority of their debt, and a “Dividend” paid to the Creditors upon the “winding up” of the Bankrupt’s assets.In the case where the debts were deliberately created, then this could be a referral to the Criminal legal operation (Crown Court) for Fraud.The main difference between Civil Bankruptcy and Criminal Bankruptcy is usually the former is “Discharged” either as a result of inheriting/ finding money to pay of the Bankrupt value (unusual). After 10 years they will be “discharged on the passing of time”.However there are other implications for the Bankrupt, relating to restriction on their movements. For example they cannot be a Director of a Company or Charity, be a Doctor, Dentist Nurse or Surgeon (indeed anything to do with the medical industry). Neither can they be a solicitor or accountant or teacher (oddly enough a bus or train driver). The former because the handle money in one form or another, and in the latter suicide taking other members of the public, in effect holding the rail /bus company to ransom. A teacher because they have control over children and a potential to hold them to ransom. Unlikely but in theory could occur.Most of the career aspects above, the bans are for life.

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