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  1. Hi Thanks for all the advice - very useful. It looks like I'll be chased for 12 months at least, for this CCJ, so will have to live with it. Whether the HCE will accept that I cannot pay and have no assets, we'll have to see. Bailiff Advice - The variation order application failed because the claimant did not agree to it, opposed it and convinced the judge it was too long a period for me to pay off the debt, (I offered £20 on a £2000 debt). Cheers anyway BAE
  2. Thank you DX100 and HCEOs:-) HCEO - do you think they will accept and believe an e mail stating I have no assets? Won't they want to visit and see proof? I have now moved and it could be that they have visited my last address, I have no way of knowing. Will the company who obtained the CCJ just leave it with the HCE for a few months or might they call a halt sooner? Will the creditor have paid a large amount to the HCE already or is the fee mostly obtained from the debtor? I'm hoping that the claimant will call a halt to the enforcement but I have no way to read their minds!!! How long will the writ stay valid for? How long will the HCE usually give it before they 'give up'? DX100 - yes I did contest the CCJ but failed. Then I asked for instalment order and was again unsuccessful - it only had the effect of adding costs to my debt!! I don't really want to say too much about the CCJ as the claimant may be watching this - but I certainly am stuck with the CCJ, of that there is no doubt. Thanks for the advice, much appreciated BAE
  3. Hi, Over the last few months I have received a CCJ, then a notice of enforcement now an e mail threatening that a HCE are going to enforce a Writ of Control. I do not have a car or any belongings that are valuable. I know not to allow entry to bailiffs. I am just wondering how long the HCEs will keep trying to obtain the money which I just do not have??? Also, might they try to escalate the matter to making me bankrupt? If so, do they have to serve a writ by hand? I will be moving soon so this may alleviate some of the pressure! Lots of questions I know - and any advice would be most appreciated, thanks!: BAE
  4. Hi, A few months ago I sold my house. It had a charging order attached, worth £2000 ( for a ccj on a credit card). I informed the solicitor that was dealing with the sale and sent them details of who they had to pay, (Nat West). There was enough equity to pay for this. The house sale went through without a hitch but I did notice that the charging order was not itemised on the final sale of house statement that the solicitor sent me. Now, a few months down the line, the solicitor has contacted me to say they made a mistake and did not pay the charging order and can I send them £xxx to clear it. The problem is I can't now pay the full amount. What should I do? I want to clear the debt and am thinking to ask that a payment plan is set up for £xx per month till the debt is paid. Will the bank accept this? And what is the solicitor's role in this now, seeing as they have made the mistake? Should I make a complaint? And what happens to my credit record? Sorry for all the questions!!! Thanks in advance for any advice. Cheers, BAE
  5. Hi MyFamily, Sorry to hear the news but the Suspended Possession might not be too bad a situation as long as you can manage the payments of £903 per month. They are tied to the agreement too so can't start to apply pressure for more money. What costs were awarded? I would start a claim to recover the charges they have added to your account over the years. Once you add interest to it it will probably make a tasty sum. Or if you don't want to go through the court route, you can firstly complain through the FOS. Cheers, BAE
  6. Hi Gerson I preferred to take my mortgage company to court (3 times) and each time they paid back the unlawful charges, just before the court hearing. However, going down the FOS route is fine too - if you're not successful with the FOS you can then still take the court route!! BAE
  7. Update: Hearing has been adjourned until February. Claimant has asked for the extra time to look into my request for a full set of documents relating to the account. I agreed to the adjournment. BAE
  8. Thank you AndyDD I will get my witness statement in asap so to give them chance to pull out . . . don't think that will happen though! And yes, I will also put in a claim for costs, thanks. BAE
  9. Thank you Andyorch. This gives me more confidence as the claimant's legal team obviously do not know that they could not request a judgment without a hearing - so they do not appear very competent . . . I'm hoping that they will pull out of the SJ hearing once they receive my Witness Statement, but we'll see (wishful thinking probably . . . ). BAE
  10. Thanks Andydd and Citizen B, I feel more confident now that the judge will not grant summary judgment, though I know that will depend on the judge I get. Cheers, BAE
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