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apc01

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Everything posted by apc01

  1. I will certainly keep this thread updated. Really appreciate this forum - thanks to all involved.
  2. I sent the CCA to Cabot. Wont bother notifying Mortimer Clark in view of the new 30 day situation, will see if Cabot respond. Thanks again.
  3. Thanks Andy, I will. Can they argue that as their letter was dated 20 September - although obviously posted yesterday - no postmark with date - that the 14 days expires tomorrow? I could send an email to them?
  4. Thanks I will. Should I copy it to Mortimer Clarke?
  5. Thanks Andy. The letter was dated 20 September but received yesterday. What should I do about the CCA request.
  6. I have received documentation from Mortimer Clarke solicitors on behalf or Cabot relating to an old Halifax credit card. They are giving me 14 days to contact them before threatening to take court action. Would the appropriate course of action be to send a CCA request to Cabot with a copy to Mortimer Clarke? Also, does sending a CCA to Cabot constitute a communication that would reset the statute barred date? Thanks very much.
  7. The court has accepted the N245 forms and sent copies to the claimant to accept or request a variation hearing. Question: Am I correct in assuming that the claimant cannot instigate any enforcement action against us pending the outcome of the N245 filings, hearings etc? Thanks.
  8. He lives at home so his food and accommodation is taken care of.
  9. Re-submitted the N245 forms and because my son has zero income, he made an offer of zero per month as suggested earlier in the thread. The court returned the form stating he MUST make an offer to pay otherwise he will be liable for the whole amount - which is ludicrous. So does he make a nominal offer of £1 per month?
  10. I Will - thanks again DX.
  11. Thanks DX. I assume this has been on my CRA file for years - I have never checked. I have about 8 CC related debts altogether. Usually I do treat them all the same and as mentioned, never been anywhere close yet to being collected on in 10 years Will just continue to ignore them.
  12. 1st Credit recently bought an £12K M & S loan I took out about 9 years ago, and have not paid anything towards for what I believe is at least 6 years and could well be Statute Barred. I have received numerous phone calls from them - none of which I have answered - I have caller display and never answer calls from any number that could be a DCA. Also received a series of increasingly threatening boilerplate letters which I have filed in the waste bin. I have a lot of experience with DCA's with several CC debts going back 10 years - never been collected on yet - but 1st Credit seem particularly aggressive, the letter received today threatening to commence court action through Connaught - one of their companies. So far they do not even know I exist at this address - I lived in the Isle of Man when the debts were incurred. My question is - how serious to 1st Credit usually get - is it all hot air like the other DCA's? Thanks.
  13. As mentioned earlier in the thread, the court returned our N245's stating they could not be processed as "the judgement had not yet been set down in court" whatever that means. Also we have not received any notification by post.
  14. It seems that way unfortunately. Thank you both for all your help. I am still waiting the notification of the judgement in the post. I am assuming our 14 days to pay or submit N245's begins from the date the official judgement entry and not when it was handed down 2 weeks ago, otherwise the claimant could try to enforce it and we cannot submit N245's to vary and stop it until it is entered and made official.
  15. Thanks - I am sure you are correct. Makes no sense though in that if there is just one judgement and one of the defendants applied to vary, it would surely apply to the whole judgement unless they divided it in to two. Does the same apply for an N245 suspension of warrant if there are two defendants? Surely if one defendant applied to suspend a warrant it would be suspended for both unless it can only be suspended for one defendant and executed on the other.
  16. Thanks Andy - I will phone the court and point out that there is only one judgement to vary. I assume I can attach the other financials on a separate sheet of paper. Will also await the judgement in the post - it has been two weeks already - I assume the claimant cannot do anything until the judgement is official either, so all adds to delaying things
  17. The court returned the N245 on the basis that "the judgement has not been set down by the court". I assumed that when the judge handed down the judgement - we were at the hearing - the judgement would be entered on that date. Does this mean that the 14 days starts ticking from the date we receive official notification in the post as opposed to the date of the judgement was handed down? If it starts from the day the judgement was handed down then we have no way of varying it within the 14 days while awaiting official postal notification. Also they state that even though it is one case number, both defendants would need to file N245's with two separate payments. I am confused about this. There is one judgement and two defendants. Can just one defendant file an N245 to vary the payment order and if so is only one set of financial data required? I would have thought they would want to see the financial data and therefore means to pay of both joint defendants? Thanks again Andy.
  18. Thanks very much indeed for the clarification. One further question - might help others here as well as this clearly affects all car owners with an enforcement warrant against them. If the vehicles are parked on the drive and the enforcement agent was not allowed in to the home to question the occupants, gain proof etc - how can they determine who actually owns a vehicle sitting on a drive as opposed to the registered keeper per a DVLA check? They would have no basis upon which to conclude a vehicle is actually legally owned by someone unless they can clamp on a registered keeper check. The implication here is that unless an enforcement officer is absolutely certain of ownership and can prove it, they simply cannot clamp a vehicle parked on a drive for any reason, and certainly not - as you say - pre-emptively or based on suspicion.
  19. Thanks - if they cannot query the DVLA - as it is not for the type of debt mentioned - is there a possibility then that the enforcement officer will turn up and clamp/tow all the cars on the drive en-masse belonging to my family in the hope one might belong to me?
  20. I know enforcement officers can query the DVLA for a number plate to find the registered keeper of a vehicle, but can they do the reverse - run a query at the DVLA for name and address to find out if the enforcement target has any vehicles registered to them? Also, I transferred my car to one of my sons BEFORE the CCJ was given against me. Can an enforcement officer clamp and/or tow the car registered to my son? Thanks.
  21. Yes - we defended the action and it was elevated to the Fast Track for a full day open trial - which was interesting to say the least. We had an excellent defence with evidence, which I conducted myself, but the claimant had a barrister who was able to use all his experience and influence to get a ruling in the claimants favour with payment in 14 days - which is Monday.
  22. I am offering more than £1 per month. It is my understanding that it is a court clerk that sets the payments based upon the guidelines they have. Nevertheless, we obviously cannot pay a forthwith payment - hence the N245 we are filing now - and why I am asking Andy what forms - N245/N244 I need to leave for my son to halt the proceedings and get another opportunity for variation/redetermination should a forthwith payment be ordered and the claimant employs a HCEO.
  23. Thanks again Andy. I am going to prepare the necessary forms to leave for my son to file while I am away in case the claimant enlists a HCEO in my absence. Do I only need to file form N245 to suspend the warrant or should we file an N244 as well, or instead, for a hearing where we can present our payment case and delay proceedings further until I return?
  24. Thanks Andy. On my income of the low hundreds of pounds per month, house bills to pay and a food budget of £1 per day, my latitude to be realistic is seriously limited - I cannot afford anything. I am showing actual priority expenses on the N245 but no luxuries such as clothing etc whatsoever. I hope whoever decides the monthly payments will appreciate my situation. One final question - my son has zero income, zero assets and a negative bank balance. Should he offer zero or a nominal £1 per month?
  25. Hi Andy, Thanks for the excellent an most helpful replies - much appreciated. One final question - will the court set an affordable monthly payment based exclusively on means to pay based on the submitted financial data on the N245, or could they refuse to set monthly payments based on the fact that it would take too long to pay back, e.g. 30 years? Also - you mention it would take them too long to recruit a HCEO - how long does that process usually take considering that at the moment the case is in the county court. Thanks again.
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