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Showing results for tags 'procedural'.
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Brief background: 1. Money claim issued against me on 05 July 2017 (over £5k, but less than £10k). 2. Acknowledgement of service filed in with CCBC (Northampton) 3. CPR 31.14 request made to Claiman's Sols 4. CPR 15.5 - Agreed extending deadline for submitting defence to 4pm on 28 August 2017 (next Monday) 5. Agreed Consent Order for dismissing the claim and no order for costs (see attached). 6. The Claimant's Sols agreed (by email!) to submit this to CCBC and pay the £100 application fee once signed by both parties (I am litigant in person, so CPR 40.6(2)(b} does not apply) 7. The Claimant's Sols agree (by email!) to extend the deadline using CPR 2.11 for another 28 days (Note: CPR 2.11 does not apply, because it conflicts with CPR 15.5, which allows for the deadline to be extended by "up to 28 days" - no more, so the Claimant's Sols are telling me porkies!). 8. The consent order signed by both parties and given to the Claimant's Sols to submit to CCBC, together with an application notice and £100 fee. I have proof of delivery as I sent it to the Claimant's Sols via Special Delivery (I kept one original with both signatures on it, the other was given to the Claimant's Sols to submit to CCBC). Questions: 1. Is the attached a valid consent order that can be accepted by the judge if the Cliamant's Sols submit it as is? What about the missing day in the date (it says "DATED this Day in August 2017") - it doesn't have a specific date, though it is dated "August 2017"? 2. If the Claimant, having received the signed Consent Order, do not submit that consent order in time (despite what they are telling me over the phone and by email) and the deadline for submitting my defence passes (28th is a bank holiday, so, in effect, I have until this coming Friday to sort this out) what then? Can they request a default CCJ to be entered against me since I haven't submitted any defence? 3. If the Claimant's Sols tell me that they have submitted the application and the consent order, is there a way I can check this out (they may be lying to buy themselves some time so that they can enter a default CCJ against me)? 4. If they don't submit the consent order and the application, can I do it, having the 2nd signed original copy? Do I have to complete N244 and attach the remaining original of the Consent Order, plus the £100 fee (is it really £100 - I thought it is £200?)? 5. If I can submit the application, can I do this online or via email - would it be quicket than posting it (CCBC has a special email address specific for N244 applications)? If so, how do I attach the signed Consent Order - scan it? What about the payment of £100? 6. If I submit the application and the Claimant do the same what happens then? Which application is the judge going to look at - one (which one?), both or neither? 7. If I submit the application, but the judge do not look at it in time and the deadline of 28th August 2017 for submitting my defence passes what then? Is the Claimant entitled to get a default CCJ against me? 8. The Claimant gave me a lot of promises over email - do these hold any water at all - can I truly rely on them in court (I am thinking I cannot)? Thanks a lot in advance for any advice given, particularly Andy as he is always helpful here! ConsentOrder.pdf
Hello, Debt Recovery company raised a claim against me. It was dated 24th November. I have acknowledged the claim and ready to contest it . I make CPR request etc but only got a letter that they dont have the documents in their possession but have requested from original creditor. It appears i have missed defence date by few days. Please what can i do? Cheers
Dear all, I came here recently with help regarding a parking fine and bailiff issue with Southwark. Everyone here was so helpful and it was a great success. Thanks a lot everyone! This time I have another problem with Lambeth. Similar in duration (Original PCN was from 22/05/14). The original NTO I appealed last year and then never heard back from them until recently (09/15) when I received an OFR out of the blue demanding £202 (£130 for the original NTO + £95 for the CC + £7 Court registration fee). I filed a witness statement stating that I appealed the original NTO, but never received a reply. The WS was accepted and the NTO and CC were ordered to be revoked. The original PCN was obviously not cancelled so I waited for Lambeth to send a new NTO, which they did on the 09/10/15. The new NTO gives the wrong time of contravention. Instead of 12:34 (controlled times between 12:00-14:00) it says 00:34. I then sent the same appeal I sent them last year PLUS the additional comment about the wrong time (ie 00:34 is outside controlled hours etc.) via recorded mail and received a rejection notice on the 20/11/15 (pretty speedy response- only 5 days after my appeal). The rejection notice is just the usual patronising, generic letter, not addressing any of my points (see my appeal below and their rejection attached). The rejection notice had an appeal form enclosed to give me the opportunity to appeal their decision to an adjudicator within 28 days after receipt of their RN. It's only been 21 days so far and today I received a new Charge Certificate from the LA dated 08/12/15, so they ignored my statutory right of 28 days to appeal their decision to the adjudicator and drafted and posted their new CC only 18 days(!!) after their rejection notice. Apart from my original appeal, which had only a weak (but reason enough?) argument of me having a grace period of 20min loading/unloading, which I didn't exceed, am I right in assuming that their mistakes from this year (wrong time on NTO, sending of CC after 18days instead of 28) is enough material to present to the adjudicator and getting approval? As always, any help would be really appreciated.
Friends need advice on procedure: 1: Situation: Possession Order in place, warrant not yet demanded because property in negative equity, but lenders really vicious and may go for it anyway. Son has come of age in last few months, so didn't sign away his interest in the property when loan was made. He wants to register an "over-riding interest" to stop possession of HIS home. I know it can be done using case of Williams & Glynn Bank v Boland, but how? Land Registry doesn't want to register anything but a financial interest, but such an interest as this doesn't have to be registered with LR. So how does he get it into the case? Could wait until a warrant is sought, but would prefer to get in front of that. Any ideas? 2: Property was taken into possession, held onto for 18 months and then sold about £100,000 below below reasonable valuation - almost certainly a false sale but that is difficult to prove. How do mortgagors start a claim to have the missing 100 grand deducted from the claimed outstanding loan? 3. Landlords have a very large debt registered against them. They own a number of BTL properties but every one of them is in negative equity - some by up to twenty thousand - and they have no other assets. The creditors are trying to use the investigation of means procedure at court to get details of all the tenancy agreements. What puzzles the landlords is what the creditors are hoping to do with this info. a) Can they take possession and sell? even though it would be pretty silly of them. b) Can they take possession and evict a tenant with a long Assured Shorthold Tenancy? c) Can they take possession and continue taking rents from tenants? d) What sort of possession would that be? e) Would the first lenders allow that? f) Would they not rather insist on their mortgages being paid off? Especially as present rates are low and the major lender lender wants to close books anyway? g) Surely new possessor could not pay existing mortgages without mortgagors' agreement?