HI

Sorry for not responding sooner.

If you didn't recieve the court docs you should have made an application to set a side the original CCJ. Have you done this?

When was the CCJ gained?

debbie

it does not mention the original order made by the bulk center where my wife (Guarantor) and daughter were given a CCJ.

has your wife been issued with a ccj ?

Hi

If you can show the courts that you always responded to previous demands from DCA's and you had put the account in dispute. That had you recieved a demand from this DCA and a Claim you would have responded and defended accordingly.

With Northampton, the best way to achieve a resolution is to phone them, get a name and a contact email address. Send the email as a complaint that way they have to deal with it quickly. Give them as much info as you can, list every DCA that has had this, with time lines and dates.Be polite, but also be firm. My husband got a CCJ by default because they made a mistake, his defence was filed on time but they didn't upload it onto the system. It took 2 days, numerous phone calls and finally when I sent an email threatening a counter claim against the court , the CCJ was set aside that day.

It is also important to find out what MDKP have,send a CPR 31.14, and copy the courts on this. Point out that you would have sent this had you recieved the court docs. If they had failed to comply with this request, but proceed with the claim you would have attached a Disclosure request with the allocation questionairre.

I think if you can show the courts that you have an understanding of the court process, and you had a solid defence they will have to consider your application for a set a side.

It is odd that you did not recieve the cliam form. But no post is guaranteed.

I would respond, I always have.Simply make them aware that this is a converted storecard and any court action will be defended and furthermore a counterclaim will be issued against them for costs.

Refer to the Mayhew case, and the fact that is has been determined in law that the Upgrade of a Storecard to a Credit Card was not a valid process.

Debs x

If you know were the car is, you own it, you have the log book and are liable for the loan, take possession immediately.

Unless you have a written agreement with her, she has no legal entitlement to retain the car. The police were wrong to walk away.

Contact a local garage and arrange to have it removed to a secure place. If she wants it back, she'll have to take on the loan and pay the costs. If not sell it or hand it back to whoever you owe the money too.

Simple.

Was he a private mini cab or part of a larger group.

If part of a larger group, you should phone them and complain about his behaviour, at no point during your converstaion should you admit liability or that you hit him. simply mention the incident but refer primarily to the rudeness.

If there was no damage to your bumper, what makes you think you caused the damage to his bumper. It may have been pre-existing.

If there were no other witnesses. Do nothing. You could argue, he hit you. Thats why you exchanged.

As for your insurance company, it depends who you are with. Admiral are ****, they will mark it on your record even if you don't make a claim.

Sounds like a standard threatogram.

Then today I got a letter from yet another DCA, a sub division of Equidebt, threatening not legal action but to "begin a search into your (my) background and build an accurate profile of your finances ad pursue the best form of recovery action". I've no idea what that means, it could just be waffle.

Personally, I'd hit them back with the same kind of threat, do a bit of research into this company, they appear to deal specifically with Stat barred debts and other consumers are reporting them to Trading Standards.

Debs

Post judgement interest can only be applied if an agreement existed which included a post judgment interest clause.

I indemnified my former business partner against having to repay any of our business overdraft.

We didn't part amicably, the bank came after him for half of it,

and despite the indemnity he paid half of it without my knowledge

and now is demanding repayment from me.

It all depends on the contract you signed with him.

Had the bank come after you directly, Consumer law specifically prohibits the application of post judgment interest to overdraft debts.

To answer your question, unfortunately I think you are liable for the full whack. Statutory interest was specifically mentioned in the original judgment. I think the term "judgment debt" is wide enough to cover anything you were ordered to pay under the original judgment, "judgment debt" is not the same thing as "credit card debt".

WRONG ADVICE. The Judgdment debt is the amount owing at the time the judgment is granted regardless of the type of debt.

For PJI to be applied, the claimant must when serving a Default Notice, refer to what type of debt it is, the agreement which regulates it and specifically if PJI will be applied.

The agreement between the claimant and plaintiff referred to and relied upon to enforce judgement must contain a PJI Clause, and finally it must be specifically mentioned in the POC.

You did not ask him to pay this overdraft debt, had the bank come after you the CCJ would be frozen, no further interest applied.

I would therefore consider it unfair for him to impose interest on this debt.

Challenge it.

Debbie x

When you refer to the debtor as only earning £60 per year from a pension, is the property joint owned ?

Did you attend the charging order ?

The CCJ/Charging order is only for the equity portion of the debtor and I'm pretty sure they can't force a sale. It simply sits as a restriction on the land registry, so when it is sold, they get there money, I have seen cases were the restriction does not necessarily guarantee payment.

I strongly suggest you start a new thread and give us a bit more info. Help will come once we have all the facts.

Debbie

Hi,

Every case is different.

It all depends how much you owe and how much you are paying off.

Also, is their enough equity in the property. Get a realistic valuation of your property and how long it will take to sell.

All these factors are vital.

For instance, if their is no equity and your payments are minimal........you are in a stronger position to negotiate a full and final settlement with the creditor, they may accept a reduced settlement rather than sit and wait.

You say they are adding Post judgment interest. Did the T&C's of your original agreement for the debt contain a PJI clause ?

Debs

You need to tread very carefully.

You haven't given any info on your case, but £20k is alot of money.

Have you signed a contract yet. This should outline all the costs and what they are going to do to help progress your case, and should also have a definitive figure.

Request a full breakdown of what you have paid for so far. The advise given should justify what you have paid. I strongly suggest that everything should be in writing unless you have the ability to record phone calls. They will lie when cornered.

This is a **edit** company. Don't pay anymore money unless you have a written assurance that they will provide the service you want. Don't be afraid to walk away. Don't be drawn in just because you have already paid £300.

Debbie

If you have no assets, a low income which only covers your overheads, are not employed in the financial sector......why not look at bankcruptcy as an option. It maybe a blessing, if this debt is so high....why be burdened with it indefenitely, when atleast bankcruptcy will give you a defintive end and an opportunity to move forward.....look at Richard Branson, he was a bankcrupt, didn't stop him.

Look at this option seriously, especially if they are going to foot the bill.

Realistically, you haven't given us any figures. How much you owe and how much you are paying each month.....How long will it take you to pay this off ?

Personally,if this a large debt, I'd call there bluff. Write a response, making them fully aware of your financial situation, list your assets and income, stop making any more payments and say that you accept there offer to make you bankcrupt.

Debbie

You could contact the court and find out to which address the papers were originally served. If it is not your current address, than yes you can apply to have the CCJ set a side.

It really depends on what the value of the claim is, and as you say you admit the money.

Oh by the way, the provision on my charging order doesn't even stiplulate that I have to make monthly payments.

The charge is for £39,000.

No interest to be applied.

No application for a sale notice.

No monthly payments.

I've Pm'd you.

The RBS have had a charging order against me for £39,000 since 2008. The restrictions prevent them from applying for a sale notice, and they cannot apply interest.There is nothing more they can do except negotiate a reduced settlement and right off the rest.

Okay, if she is not going. phone the court tomorrow morning, explain and ask for a postponment. They will probably refuse, so turn up alone.

If you can, or have a phone, take pictures and show them to the court clerk when you turn up. Insist that she explains this to the judge.

Ask yourself, what will happen if they get a charging order ?

My point is simple. Accept it will happen & don't get upset. Don't get upset or angry with the judge instead concentrate solely on only allowing the charge with restrictions.

You have children. The judge will not, absolutely defentinately not put you and your children on the streets.

You have a share in the property.

Your wife, whose debt this is.....don't discuss other joint issues....is ill, and can't work.

You are the sole provider for your family.

Let them have there charge on her share of the equity but with the provisions.

No Post judgment interest unless they can provide a copy of the agreement with a PJI clause.

No Sale order.

Debbie

Okay.

If she is not going, get a doctors letter...otherwise regardless of how painful it is, if you have to carry her in, do it. This may be harsh, but the judge will see this as an important issue, and if she does not attend he will not take your defence seriously. Phone the court in the morning and request a wheelchair and ensure access.

If she admitted liability and agreed to the CCJ and failed to comply with the judgment order, than the Charging order will be automatically granted - We didnt admit liability she was given judgment over the phone (conference call)

The 1st phase of a CCJ allows you to acknowledge the claim within a specified time.You are given the option to admit the debt and repay or defend.

If you fail to respond to this claim or admit, judgment is granted.

If you defend and dispute, it is transferred to your local court.

If judgment was granted over the phone than you must have admitted liability. Do you have any proof that you defended the original claim and the correct procedures were not followed. Your going to have to prove the original claim was unenforeceable, and your wife must attend.....if only to ask for a postponement.

Her offer of payment I'm afraid was an acknowledgement of owing the money.

I'm really really sorry, you have had a pretty tough time. But the judges decision is based on a legal basis and not on moral issues.

The only paperwork that will prevent the charging order will be proof that you do not owe the money.

The charge will only be against her share of the assett in your property.

Why is she not attending ? The judge wiii not look favourably unless you have a real genuine reason.

What is her defence to the charging order ?

If she admitted liability and agreed to the CCJ and failed to comply with the judgment order, than the Charging order will be automatically granted. Your attendance will not defer that. The judged will be legally forced to grant the charge unless you can prove the money is not owed and the CCJ was gained incorrectly/unlawfully.

Now if she has other debts, you have dependants, you are a named on the deeds to the house, than your only course of defence is to stipulate restrictions on the charge. I guarantee you this is your best course of action.

1. Ensure that there is no pre-judgment interest being charged to the debt.

2. That they can never ever apply for a Sale Order.

3. The restriction only applies to her portion of equity.....is there any ?

If your partner cannot spare the time to attend....which the judge will not appreciate. You must instead stress that your attendance is purely to ensure that you are there to protect yourself, keep a roof over your head that you are paying for,apologise for your lack of court knowledge and procedures. I assure you that this course of action is your only defence.

Accept that the charge will be granted, ensure that it is only granted with restrictions and than afterwards negotiate with the claimant. Once they have the charge, if a restriction prohibits therm from applying judgment and forcing a sale, it than puts you in a position to negotiate. Either leave it there until such time you want to sell, or offer a reduced figure as a full and final settlement on the understanding thay agree to remove the restriction.

I'm also pretty certain that as the restriction is only on her share, this will not prevent you from selling the house.

Why do I know. I have been there. I speak from experience.

Debbie xx

even though they have said they have stopped the action should i still apply to the courts for it to be set aside

Absolutely, defgeinately yes. Do not trust these people to put this on hold . This happens so many times, they lie to people and get a claim by default.

we have not abmited debt ect for over six years

The statute barred process begins from your last payment. This is why a SAR is important, as they would need to provide a statement showing yoy made a payment within the last 6 years. You say you did a CCA request, just be careful, it is not uncommon for DCA's to use the £1 payment to credit the account.

who do i send the CCA to Bw legal or lowell.

If you have already done a CCA request in the past, I'm not sure you need to send it again.Instead use the correct template letter from the library informing them that the account is in dispute. I also think that at this stage the best form of defence is attack. Keep track of all the time and expense involved in defending this and threaten to counter sue.

Hi does anyone know whether a Charging order can remain in place when the accounts which formed the basis of the judgment order have been closed by the bank.They have not officially wrote informing me of this.

The bank cannot supply statements for the amount owed.

All data about me has been archived and the Banks SAR team has been ubable to retrieve it.

The solicitor that was instructed to apply for the CCJ and the charging order has been told by the bank to close its file.

Their is no specific department at the bank that I can discuss this with, because they now have no record of the accounts or me, I fail the security questions.

My letters go unanswered.

Is it fair that the Charging order remains in place.

The RBS have closed the accounts because I discovered irregularities with the way they had been set up and were being managed.

Any suggestions would be welcomed.

Debbie

Hi

This does happen. I know from experience.

Phone them first thing tomorrow. Have a pen and paper at the ready. Every person you speak too, take their name and note the time. Explain that you comlied with court procedures. Demand that they set a side the CCJ immediately. This can be done at no expense to you as the error is theirs. When this happened to me, they eventually admitted (after alot of phonecalls and insistance) that the defence submitted had not been put on the system. They were unable to explain why, the CCJ was set a side that day. Mistakes happen. Don't get angry or rude with these people, ask to speak with someone senior, make an official complaint...it can all be done via email...thats what I did.

Debbie

Now you need to be considering a cost order against the claimant.