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    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
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MCA chasing YB CCJ 10yrs old now threatening Charging Order


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Hi

I've received a letter threatening me with a charging order if satisfactory payment proposal is not made within 7 days.

 

This relates to a ccj that was made against me over 10 years ago

I was ordered to pay £1 per month but when I changed banks I forgot to reset a direct debit.

 

I have rang them requesting more info about this

they said I've missed the last 6 payments and said the debt is for 3k and will post the details to me holding my account for 2 weeks.

 

It is quite threatening saying if not paid or an acceptable and sustainable offer not made a charging order will be made

it also offers the client may accept a reduced offer.

 

I do not have the means to pay in full,

or what would be a reduced offer

what would that be I could pay more monthly but not much,

the debt is from 1997 the court order made in 2003

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why are you ringing a no powers DCA?

they are NOT BAILIFFS!!

 

tell us the full story please

 

and read the letter PROPERLY

it doesn't say WILL anywhere

its a threat-o-gram..

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Yeah it's the threat of court action and a charge putting on house.with not much equity could they force to sell it,

 

i paid the ccj for over 10 years but just forgot when I changed banks

 

do I send off the income and expenditure form off when it comes

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Heck no, you only do that for a court.

 

So, couple of questions

 

Is the ccj in your name?

Is the house in your name or joint names?

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so the letters don't say WILL anywhere then?

 

who got the CCJ

and who is sending these silly threats?

 

name names please

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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This relates to a ccj that was made against me over 10 years ago To Who??

I was ordered to pay £1 per month but when I changed banks I forgot to reset a direct debit.

 

It is quite threatening saying if not paid or an acceptable and sustainable offer not made a charging order will be made

it also offers the client may accept a reduced offer.

You cannot make a reduced payment on a CCJ, the judge will have told you what must be paid, these clowns are chancing their arm!

 

the court order made in 2003

 

So it's only being chased up now??

When did you start paying and when did you last pay this CCJ?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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so, even if the letters did say will...

they could only get a restriction which is nothing to worry about.

 

you could sell the house and if your sols was cute, forget about informing them...

 

anyhow..

 

as I said earlier

I bet these letters don't actually say WILL anything

you're just not reading them carefully.

sorry but it sounds like you are/have been cash cowed from day one.

 

I bet if you look even more carefully

the name of the fleecers chasing you now

is NOT the name of the claimant of the CCJ..........

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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When was the ccj. When did they actually start chasing it? It's important as if there's a gap of 6 years where they have entered done anything then it will be extremely difficult for them to enforce it at all

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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A County Court Judge would look at any application to enforce the CCJ with a very jaundiced eye, as in tell them to go away, they left it far too long,

We could do with some help from you.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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When was the ccj. When did they actually start chasing it? It's important as if there's a gap of 6 years where they have entered done anything then it will be extremely difficult for them to enforce it at all

 

I changed banks 6 month ago and forgot to reset direct debit.

I had made monthly £1 payments since Feb 2003

 

so, even if the letters did say will...

they could only get a restriction which is nothing to worry about.

 

you could sell the house and if your sols was cute, forget about informing them...

 

anyhow..

 

as I said earlier

I bet these letters don't actually say WILL anything

you're just not reading them carefully.

sorry but it sounds like you are/have been cash cowed from day one.

 

I bet if you look even more carefully

the name of the fleecers chasing you now

is NOT the name of the claimant of the CCJ..........

 

Hi dx100uk thanks for the reply

 

I've found original ccj

the name for payment is different I don't remember changing this

 

 

.it was Feb 2003

I have made all payments up until late March this year when I changed banks and forgot to reset direct debit.

 

It does say "if an acceptable payment offer is not made, an application for a charging order WILL be made in order to secure the above judgement debt against your property and if awarded, may affect your ability to remortgage or sell your property.

Mortimer clarke solicitors are the firm sending this.

I have asked them to send more details of this

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Any charging order would be a form K restriction which in real money means very little other than they have to be informed if you sell, not that you have to pay it from the proceeds via a solicitor disbursement.

Nowt to worry about at all in reality

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ok thank you

who got the CCJ against you do you know?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Do you own your own property then?

 

Who is the name on the original CCJ?

 

You should ONLY pay the person/company named on the CCJ, if they have varied the judgement and not gone through the correct procedure, ie court, then they are in contempt.

 

Definitely needs more digging.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Do you own your own property then?

 

Who is the name on the original CCJ?

 

You should ONLY pay the person/company named on the CCJ, if they have varied the judgement and not gone through the correct procedure, ie court, then they are in contempt.

 

Definitely needs more digging.

 

Not quite BB :-)

 

Thread moved to Financial Legal Issues and title amended

 

Andy

We could do with some help from you.

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Not quite BB :-)

 

Thread moved to Financial Legal Issues

 

Andy

 

In the words of James May ''Oh manhood!''

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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and who were the solicitors too!

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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hugo

have a read of the charge orders threads/sticky.

recent legislation says that if an inst order is in place and up to date at the time of a CO , then there can be no sale order.

then there is the type of CO, as marty boy :) mentioned.

if the ccj etc is legit, then cld make up the missed inst order payments, and then continue with the instalments. (if they want to vary the amount of the inst order then they wld have to make an application re)

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Because you have a jointly owned home and the debt is in your sole name, the most they can hope for is to be notified as and when you and yours decide to sell, if you ever do.

Other than that theres nowt they do to force you to sell.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

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I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

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OK YB & JS tally for A CCJ from that era

 

Who are Mortimer's stating are their client please? I suspect it's Cabot?

 

The account has obviously been sold on?

Did you ever get a notice of assignment in recent times?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hello again just an update on this thread

 

 

Just recieved letter from mortimers

it just has a imcome and expenditure form

 

 

I requested they send more detailed information about this debt and ccj but they have not

 

 

dx100uk i will check when im home who their client is and

 

 

i dont recall having any assignment letter but i must have had to set up the direct debit i think

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