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About mac2lrk

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  1. I bought a new build in 2007 with the tie in of a management company charge of approximately £100.00 each year. The management has changed hands several times.Following my divorce, I wished the deeds to refelct my maiden name, not my married name. Land Registry approached the management company for consent to do this. Why would they do this? My property is Freehold, and the management company basically mow the lawns around the apartments on the estate. Surely, as a Freehold property, Land Registry do not require consent.
  2. I missed an appointment with the hygenist at the dentists yesterday, ( I have flu and have lost my voice!) and completely forgot about it. Today, they have sent me a letter stating they are going to charge me £36.15 as a cancellation fee. I phoned them up today and with great difficulty in a whispered voice explained I wouldn't be paying this fee as they had never informed me of their cancellation fee schedule. The receptionist told me it was on the appointment card. I told them that I never recieved an appointment card as I made the appointment in the surgery and put the info in my phone. I
  3. ----------------------------------------------------------------------------------------------------------------- I had done loads of research and prepared a detailed document for both court cases, mentioning previous cases and like you, divorce, not living in the property etc, even prepped my ex! My ex couldn't attend the 1st hearing as he works abroad, but he sent supporting documentation, letters from his employer, and his work contract. At the 2nd hearing the Judge said to my husband, "if you had attended the previous hearing I wouldn't be putting the charge on the house", my h
  4. Hi I am in a similar position - s2bx has debt resulting in charge on house even though he has moved out and we are in divorce proceedings, cos his name is still on the mortgage. The Judge said this effectively makes it a secured loan on the house. They will be able to enforce sale but only if payments are missed. If you think yr ex may not pay it maybe worthwhile contating the company direct (they might not discuss it as its not your debt, but its worth a try). Also if there is any equity in the house, it will only come out of his portion - say there was a 50-50 split, then you wi
  5. I could do with some help.. My husband and I are divorcing. He has a CCJ and now a charging order against the property which is joint owned although he doesn't live there anymore. He was unable to attend the CCJ redetermination hearing as he is a merchant seaman and was away at sea. He sent the court a statement explaining this with documentation from his Captain. Incasso's claim was dismissed but the judge gave permission for them to apply for charging order. The charging order was approved basically because of the length of time it would take to pay back the CCJ ( 15 years). I also se
  6. That's really helpful, thank you! The court gave me 2 options, either request an adjournment, but I don't have a fixed date when my husband is back in the UK , the other option given was for him to send in a statement. I need to know how to prepare the statement to send to court and what information he will need to present. I just don't want to miss anything or have it misinterpreted because I am not following a set criteria. I will have to compile it all, then email it to my husband, then he will have to sign it and email it back to me as he is working onboard a yacht.
  7. My husband has been sent a date for redetermination so i have called the court, they say because he is a merchant seaman he can submit an explanation why he is unable to attend, and this will be taken into consideration. They also said that a CO would not be given unless we failed to comply with the instruction of the judgement. Incasso wrote to him saying they were applying for a charging order 7 days after the CCJ was given. Also, he never received anything from Tesco Personal Finance advising that Incasso were assigned the debt, should I have received notification from them?
  8. Hi Can anyone give me some help in writing a letter to the court regarding determination / charging order.
  9. Hi Sorry to but in with another question. I thought that a charging order would ONLY be considered by the court if a debtor had missed payments on a CCJ. The CCJ was on 6th July. The CCJ was to pay by monthly installments, and I haven't missed a payment. I have been informed by Incasso on behalf of TPF that they were proceeding with a charging order less than 2 weeks after the judgement was awarded. I have received a letter from Northampton court to say the case has been forwarded to my local court for re-determination. I am trying to fin out as much info on this as I can before th
  10. Hi thanks for your advice The CCJ was awarded on 6th July 2009, which allows us 30 days to make the first payment of £68.00, which we have not contested even though it is in increase from our DMP amount of £39.00. We haven't missed a payment and it has actually been paid for this month. It is my understanding that a court wouldn't consider a charging order unless we have missed a payment. On the CCJ, it shows Tesco as the claimant and then has Incasso's details below. Incasso sent my husband a letter advising they we handling the account.
  11. My husband has recently received a CCJ for a 13K loan with Tesco Personal Finance. We have been paying into a DMP with payplan and have with 5 other creditors for 10 months. Incasso who are acting on behalf of Tesco have advised they are applying for a charging order even though it hasn't been 30 days since the judgement and we haven't missed a payment. It even states on the courts website that a CCJ won't be considered unless we have missed a payment. We have received a letter stating that the case has been referred to a local court for 're-determination' My husband works abro
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