Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

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BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


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Thread: Charging Order

  1. #1
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    Default Charging Order

    I have recently had a Final Charging Order imposed with regards to a debt owed to MBNAicon. It was agreed by both parties at the Court that I pay £16.00 per month, therefore, I did not oppose the Charging Order. In imposing the Charging Order the Judge stated on the Schedule that "the claimain may not enforce the charging order by way of sale without leave or any other method of enforcement providing the Defendant pays £16.00 per month off the judgment debt". However, I am now receiving what I would call threatening corresondence from the claimants solicitors stating that if I do not telephone them to discuss alternative arrangements they will advise their client to enforce the charging order.

    I have written to the solicitors by e-mail stating that I am paying the required amount and that I cannot afford anymore and furthermore, I consider their corresponsence threatening and harrassing.

    Does anyone know if I can do anything else or take further action against these debt collecting solicitors?
    Thanks
    Tom


  2. #2
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    Default Re: Charging Order

    Bump

    Advice is based on my personal opinion, and what I have learnt from this forum.
    If you need legal advice please consider consulting a lawyer.


  3. #3
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    Default Re: Charging Order

    A straightforward opinion---- what the judge says goes here, no matter what the claimant solicitors want. They are trying to bully you into paying more.

    The court has made the order and that would only be varied by another court order.

    Write to them quoting the above judges direction and tell them that if they do not desist with this unwarranted behaviour you will take the matter to the appropriate solicitor authorities.

    Beau

    Charges succsessfully claimed back from:
    First Direct
    Nat West
    Barclaycard
    Alliance+Leic


    Mint CCA sent as yet no reply
    Nat West M/C CCA sent as yet no reply
    Barclaycard CCA sent as yet no reply
    Egg DCA Court Claim issued then discontinued ***(WON)****




    Please note: I am not a lawyer and as such any advice I give is purely from a laymans point of view;-)

  4. #4
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    Default Re: Charging Order

    I suspected that this would be the case, many thanks for the confirmation.


  5. #5
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    Default Re: Charging Order

    Tom.....take a look here please - http://www.consumeractiongroup.co.uk...rs-urgent.html

    PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

    DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk...65-legislation

    IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

    I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

    IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.
    Before you decide,consider the users here who have already offered help and support.
    Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.
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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE