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garyclarke1962

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About garyclarke1962

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  1. So its there for 6 years from the date its issued, or the date its paid off? Didn't know how to defend it back then - I do now thanks to what I can find on here. I need some advice about reclaiming charges my mortgage lender stuck on my account next, any idea where I look, or post about that? Thanks dx
  2. I thought it would come off my record 6 years after being paid off? Wont my score improve once its off?
  3. I'm not sure if i'm posting this in the right place so please move if necessary. I've got a CCJ against my name - the debt collectors ive been making monthly payments to are Lowells. All payments are up to date. I've saved up some money and I was hoping to pay them off with a reduced offer, about 60% of what I owe. I wrote to them and made the offer they have written back saying that as they have a CCJ against me they don't want to accept a settlement offer at this stage but if my circumstances change, get back in touch with them. Is that their way of saying make a better offer? Any advice on how I should move this forward? Thanks, Gary
  4. What was the outcome? They are doing the same to me. Thanks
  5. Yes TB there is equity in the property, tho i have no plans to sell up anytime soon, nor do i want to be forced to sell. Does it sound like Restons may have jumped the gun a bit by informing the Land Registry about this before a Final CO? I noted that the Land Registry letter only says 'the applicant claims to have the benefit of a charging order' not that the applicant does have a charging order. I'm also a bit confused why the Land Registry are writing to me before the court. As the debt was only in my name, and the mortgage is in joint names (with the wife) I understand that will stop them forcing me to sell up anyway.
  6. Andy - i defended against the original debt but the CCJ was issued anyway. TB, as i said the letter from the Land Registry was the first i heard about the Charging Order, their letter says, 'the applicant claims to have the benefit of a charging order made by the court against your interest in this property and is entitled to protect that order by an entry in the title register of the affected property. The applicant has therefore applied for the following restriction to be entered in the register of your above title.....' Does that sound like an interim CO? Can i get the court to disregard it or not take it any further as I am making payments on time? It seems to make CCJs a waste of time if DCAs can just apply and get COs with the intention of making people sell their houses to pay off debts!
  7. i'll have a look when i get time Andy. It seems to me that the DCA's are in a win win situation with these Charging Orders then, cost wise - they have to fork out £100 to apply for the CO but just add it onto your debt to them. So it doesnt really cost them anything. Dosent seem right to me.
  8. Thanks Andy, So what does this mean in terms of the payments i make under the CCJ? If they get a Charging order can they get the payments increased?
  9. Andy - the debt was an old credit card one. ThedaBara - The debt/CCJ was only in my name, the house is jointly owned. Thanks, Gary
  10. Hello, I'm after some help and advice. Briefly - Restons obtained a CCJ against me for a £1200 debt in March this year, I was ordered to pay £25/month. I have been making the payments as ordered and on time. At the weekend I got a letter from the Land Registry saying Restons had been granted a Charging Order against me (dated 18th July 2016) and did i want to agree with it or dispute it. The thing is I havent had anything in the post from the courts about this and its come completely out of the blue - nothing from Restons warning about it either. What do i do? Thanks, Gary
  11. As I said, if no CCJ was issued I didnt want to go to the court and start stirring things up and get them to issue one. The SB defence wasnt accepted because it turned out a payment was made in 2010 that i had forgotten about. No I didnt attend the hearing because I didnt see any point, the defence had been shot down by the payment in 2010. Doesnt a CCJ usually say how much is to be paid monthly?
  12. I have a bit of a strange problem with Wright Hassall and was hoping to get some advice. in Oct 2014 WH started chasing an old debt (aprox 5 years old) I ignored their letters, on 24/11/14 I had a blue claim form in the post from the court. I wrote to WH and told them I thought the debt was over 6 years old and that they were statue barred from chasing it. They didnt reply within the 2 weeks that i gave them for a reply I decided to defend the claim from the court. On 30/11/14 the court wrote and acknowledged receipt of the defence. On 27/1/15 I had 2 letters from WH, one offered a discount if I paid up asap, the other said they were proceeding with the claim because my last payment had been on 30/4/10 and it wasnt statue barred for being out of time. On 28/1/15 I had a letter from the court saying WH were proceeding with the claim and it was suitable for the small claims track, and mediation. I replied to this, first of all querying if WHs letter had been received by them in time (WH had 28 days after I submitted the defence to issue a reply but they didnt do so until 27/1/15), secondly I said I didnt want mediation if the court agreed that the claim wasnt statue barred then they should just issue a CCJ. The claim was then transferred from one court to another a couple of times on 11/3/15 the court asked me to provide an income/expenditure statement which I sent to them on 24/3/15. On 24/4/15 the court told me there would be a hearing on 13/5/15 on 11/5/15 WH copied me in on a statement of their costs which they were sending to the court for £715!! I didnt hear anything else from either the court or WH 18/9/15 WH wrote to me and said that a CCJ was entered on 13/5/15 and that if I wasnt able to pay the amount off in full straight away, they were prepared to negotiate a suitable monthly repayment. They have given me 30 days to get back to them, if I dont they are threatening attachement of earnings, charging order agaist the house, or bailiff action. what I'm after is your thoughts and suggestions on what I should do next. Do I ask WH for a copy of the CCJ order which was supposedly issued by the court but I never had a copy of? Do I ask the court for a copy of it and risk them investigating if one was never issued? Do I do nothing and wait to see what WH do next? The things that seem strange to me about this case are, 1) I wasnt sent a copy of any CCJ order that was issued on 13/5/15 2) If a CCJ was issued, wouldnt that have said how much my monthly payments would be, rather than leaving it open to negotiation with WH? 3) Why has it taken WH 5 months before they have started chasing me up for payments? Thanks in advance for any help anyone can give. Gary
  13. I didnt send the letter about the payments being late by recorded delivery unfortunately as i thought things were getting a bit smoother with GE. I did keep a copy of it though and sent that to them recorded once they told me they hadnt recieved it. Ive prepared an invoice and a letter saying that as they were the unsuccessful party in the eviction action i consider them liable for my costs. I fully expect them to ignore it. I've given them 30 days to pay. If i dont recieve payment I believe i can take them to small claims court. Is that right? Thanks
  14. Heres another chapter in the story of Clarke V GE Money. On 9/9/14 I wrote to GE and told them that due to a change in employer, pay date and circumstances, my payents due at the end of Sept and Oct would be a few days late but by the end of Nov payments would be back on track. I asked them to let me know if there would be any extra interest, or other charges to pay. I didnt get a reply. I made the Sept payment on 8/10/14 as i had told them, with no problem, but when i rang to make the Oct payment (on 3/11/14) i was told there was no point making it as they wanted the full arrears off me and had applied to the court to have us evicted again. The guy i spoke to eventually let me make the payment and I argued that the action they were taking seemed a bit harsh. He said they never had the letter i sent (how convenient) and said even if they had, they would still be having us evicted. He confirmed that this would be taken all the way and they would not back down even though my payments were up to date. Once i had the eviction date from the court i submitted an N244 (cost is now £50) and i attended court again this morning. When i got there the rep from EVersheds, GEs solicitors, spoke to me and said he had been advised by GE that they were happy to continue with the payments that i was making and nothing needed to change. We still went in to see the judge and i got the feeling he wasnt best pleased that his time (and mine) had been wasted. He just said i had to carry on making payments as i had been. One thing i thought of after i left the court, can i send GE Money an invoice for my time taken off work and the £50 fee i had to pay to see the judge, because usually the losers in court pay the winners costs, and i'm sure if the judge had found in GE's favour then i would be forking out for their costs. Any thoughts on that point? Thanks, Gary
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