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Mr Spoon

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About Mr Spoon

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  1. Thanks Andy, well done to you. As per my last entry is there anything to be done now? Should I write to PRA and tell them to leave me alone, or head back to court? I envisage, over time, various DCAs trying it on...
  2. Sorry for not getting back sooner. I phoned Northampton and the case was struck out on 22nd January. That, of course, hasn't stopped PRA sending a letter of assignment and asking for settlement in full. What action can I take to halt PRA and their demands? Is the debt considered unenforceable now? Thank you.
  3. Good morning. As Andy mentioned I sent my form off to the Court with a copy to the claimant. Earlier this month I received a "General Form of Judgement or Order" dated 6th January. This ordered the claimant to file their Directions Questionnaire with the CCBC on or before 7 days from the srvice of the order. Failure would mean the claim would be struck out. I heard nothing more until I received a letter from PRA (AK) dated 21st January request immediate settlement and some copies of (composite) credit agreements and records from the original lender. Clearly I won't be sending any money off, but please advise what I should do next. Thank you.
  4. Thank you very much Andy, I'm typing (and sending) now.
  5. Andy, are you still able to help with "J", please? My response has to be with the Court on Thursday...
  6. I'm directing my attention to this today... Just seeking some more clarification, please Andy: A) I've ticked NO, I don't want a one month stay. D1) I've ticked NO, I'm not making any applications. D2) I've asked for Fast Track, the form asks for reasons, can you help, please Can you please help with J...
  7. Today have phone the Court, and it appears that the N245's and paperwork I sent to the CCBC Northampton will be forwarded to my local court ready for the Charging Order hearing on 12 January. I was advised to write to the local Court indicating that I would be attending on behalf of my wife. I can't see a way of objecting to the Interim Charging Order and have indicated that to the Court. I have also filled in the "consent" forms the Land Registry sent so as not to object to the restriction being added. Just waiting to hear from everybody now, so need to get on with my other thread/Court case...
  8. Posted all my letters (6 store and credit cards). Letter of authority included so that the institutions talk to me instead of Mrs Spoon. Mrs Spoon was paying one storecard and one credit card, so they have been made the same pro-rata offer as those on which she has defaulted. I included an income/expenditure sheet based on the N245 Court form. Not very detailed, but it helps with my sums to keep it consistent. Also a table showing all debts (except overdraft), percentage of total debt, and pro-rata offer. As more is going out than going in to Mrs Spoon's bank "pot", I have added some money (from my pot) in order to be able to make payments. As per Mrs Duff's advice I included mortgage, utilities a couple of others that come out of my account at 33% of the amount. The N245 says not to do this though... Included with the N245s were letters requesting a redetermination of the amounts awarded. These 2 original judgements were made at the CCBC in Northampton, but the ICO was awarded at my local court. I will contact them tomorrow, and return the completed land registry forms. I do feel better having started the ball rolling. Thank you for your help thus far.
  9. Thank you dx. I am satisfied that the CCJs were rightly obtained in light of Mrs Spoons lack of contact; I'm not looking to challenge amounts, just to get a payment plan in place. We are fortunate in that we both work and should, with a fair agreement, be able to pay it off. There will be no necks in nooses - I've tried that and I don't recommend it.
  10. Thank you for such a speedy response! The CCJ that Restons obtained specified £100 a month. Once I've assessed the income/expenditure I might need to apply to vary that, but in any case I imagine I need to contact the court because the first payment was due in October. The other CCJ, Capquest obtained on behalf of Very was awarded "forthwith". I am unlikely to challenge any amounts, but clearly need to get in touch with the courts. It appears that you, Mrs Duff, did all the contacting on behalf of Mr Duff. It would be helpful for me to take on a similar role for Mrs Spoon. Are the creditors likely to talk to me? How about the Court/s?
  11. I have received a N149C notice of proposed allocation for the Multi-Track from the CCBC. Also confirmation that my defence has been served on the Claimant. Attached to it is the questionnaire N181 which throws up numerous questions which, due to my lack of understanding, am having trouble answering. I do understand that the Claimant has 28 days (from receiving my defence) to respond. That means I need to complete the N181 before finding out the Claimants next move... A) Asks that "as the rules require" me to try to reach a settlement, do I want to now, and if not why not. Obviously I am challenging the claim on a number of levels - should I just write "refer to my defence" in this section? B) The section asks about the court. Is the CCBC part of the High Court? Is this the section where I ask to have the matter heard locally? Is there a reason to have it heard at court? C) Have I complied with the pre-action protocol? Fully, partially? D) Am I making any applications? Is multi-track right? Then it talks about disclosure of electronic documents and agreements. E), F), G) and H) I can answer but I) Asks for any other information to help the Judge manage the case - should I write something in here? I have just discovered Mrs Spoon has been carrying a large amount of debt (and stress/worry) on her own, and I'm now swimming in paperwork again. I have posted a separate thread about that, but my mental capacity is stretched...
  12. Just as I thought we were getting on top of things notice of an Interim Charging Order arrived followed shortly by a notice from the Land Registry. It appears Mrs Spoon has been struggling (on her own) with nearly £18,000 of store and credit card debt and is now quite unwell. It is only because we have a joint mortgage that I became aware of the tip of the iceberg - now the rest has become clear. There are two CCJs (by default) against her and Restons have secured the interim charging order. I understand that this can only be a restriction as long as I don't agree. We don't intend to sell the house so what does that mean to us and to to Restons (John Lewis)? I'm wading through the paperwork, and need to contact all the account holders to make arrangements to pay. My questions are: 1) Is there any benefit to trying stop the charging order/restriction at the court hearing in January? Is there any benefit to making an offer to start payments? I'm not anticipating any seasonal charity from Restons, just a reason for them to stop. 2) Now I've collated the debt I am thinking that we assess what we can afford to pay back monthly, and propose a proportionate repayment by ratio according to the amount owed. Is that the way forward? 3) Obviously I'm going to help financially, but by getting involved am I going to become vicariously liable for these debts? 4) How should the approach be made to the creditors - is there a form of words? Thank you so much for your consideration. Mr Spoon
  13. You're up there with the best Andy! I shall of course keep the thread updated. Mr Spoon
  14. Thank you Andy, that makes it easier. I have continued my paragraph numbering into the "AND THE CLAIMANT CLAIMS" section, and so the response to interest claiming refers to paragraph 5. Looks good to me, but will it do the job?
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