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Found 33 results

  1. Good evening and thank you for this amazing forum It is a case for 5k where i am not sure whether to try and point out something or not in the hearing for setting aside judgement I am the claimant. the defendant replied their defence to an incorrect email address and therefore i was awarded default judgment as the court did not recieve their defence in time. the defendant sent an email to one of the ccbaq email addresses which was not the correct email address for filing a defence. in the atutomatic reply it said not to duplicate the email as it wastes court time, so they did not send through their defence through any other avenues. now the other side wish to set aside judgment. there is a hearing soon to set aside judgment their defence is totally wrong as they have gotten totally muddled up. in the past I had had a seperate issue with the defendant which was resolved and their current defence basically says that i had resolved the current case and therefore cannot claim again. so the defendant has muddled up the two cases as it is clear as it is a seperate case which was resolved. my question / dilema is should i try (option 1) stop the defendant setting default judgment aside and show why the defence is totally flawed. if i win the hearing to set aside judgement on the grounds that the defendant has no prospect for success in their defence, then that would be great... but i will probably loose as they have got quite a good excuse that they sent the defence to a mistaken email address. they will claim that there was a valid reason in missing the deadline for submitting a defence. in this scenario where they will win the hearing for setting aside judgement, they will fix their defence for the proper hearing later on. as they will realise that in their defence they had muddled up the two issues. or my second option (option 2) should i allow them to set aside judgement without disclosing why their defence makes no sense and save it for the final hearing where i will prove that their defence is flawed. but i may be accused of obstruction of justice by not pointing out that the defendant has made a simple mistake of muddling up the two issues. I am very grateful in advance for replies kind regards
  2. I received a General Form of Judgement or Order dated 23.11.18 on 27.12.18. I have now missed the chance to pay this in full within one month. I filed a defence but did not attend the hearing, I didn't know I had to attend. I called the court on 6.12.18 to find out the outcome, I was told it was with the orders team being typed up but they had a 6 week backlog. Can I apply to have it set aside?
  3. I read recently that Barclays are the worst offender for dipping into current or savings account funds uninvited, but can anyone shine any light on whether Halifax are likely to take this course of action? I'm pretty confident it won't happen - it's my partner's current account which tends to be in credit for 3/4 days at the end of the month by a couple of hundred quid then soon reverts to overdraft. So if they did take a significant chunk they would effectively be using their own cash. The situation should be sorted anyway in the short to medium term but potentially having a months wages wiped out is a bit of a worry. As ever any advice would be most appreciated.
  4. Hi all, I'm about to enter into an IVA. I have several thousand pounds of debt owed on my Virgin credit card and as a customer of Virgin Media, I am concerned that they may try to recover the debt through that account somehow (e.g increasing the direct debit) Does anybody have any thoughts / experience / advice on this? Thanks in advance.
  5. Hi I am sorry if this is in the wrong place and please move if necessary. Person on esa benefit due to ill health currently in the 'assessment phase' receiving £72 per week. Out of which they are making payments to csa and rent/ctax and food/living costs. Outstanding amount owed to Barclay card and current account with Barclays into which the esa benefit is paid. Barclays have now written to say they will be taking payments, explained as 'setting off' for amount owed on credit card debt. Is this allowed, as a minimum affordable payment offer appears to have been ignored. No amount has been disclosed that they are planning to take. Any advice how to best handle this please? Thankyou
  6. Hi I'm new to the forum and hope I can be a valuable contributor in some small way. I am about to move home and having a bit of a problem with Scottish Power - they are the providers in my new house. Well the people who provided the previous tenants with power anyway. I spent an hour on the phone trying to register for an account with them to no avail. It is a prepayment meter in the new property and my question is this. Do I have to register with Scottish Power initially or can I go straight to another company - I will be changing anyway as their rates seem a bit high. Also as a joint tenant do both of us have to resister or can just one of us? We were going to split the bills between us - one pay water/phone the other gas/electric. Many thanks Serena
  7. Hello, I hope someone can offer some guidance. I'm writing on behalf of a friend who isn't very internet savvy, he had a PPI claim back in 2008 for a lot of cards/loans and went to Bank Smart to manage it (not realising at the time he could have done it himself). to cut a long story short, they didn't do much, he ended up dealing with the bank directly and then last month they won against him in the county court for unpaid fee's of 9k. He did issue a defence which said that they didn't do anything for the money but they had a tonne of paperwork and won. Now here is what he did not realise at the time of the court case - he went bankrupt in 2011 and this affects the debt. A few notes: He did tell bank smart in 2011 that he had gone bankrupt and they requested a copy of his bankruptcy certificate which he emailed to them - so they knew. He didn't mention the bankruptcy in his defence as he didn't think it was relevant. The money recovered from PPI went to the mortgage company for the house which at the time was the responsibility of the official receiver. Can you tell me where he stands and how he might phrase an N244 defence to set aside? Thanks
  8. Hi, I was hoping someone would be happy to share the process of getting Bryan Carter Solicitors LLP to consent to my CCJ being set aside. The court date of the CCJ was 06/08/2014 for £546. I have been living abroad outside of the uk since January 2014. I only found out that I had this CCJ when I decided to check my credit report. Got email confirmation from the court only in October 2015. The original debt was for a Vanquais credit card. Lowell Group are the listed claimant on the CCJ. When I contacted them they told me to get in touch with Fredrickson International. And from there I was directed to Bryan Carter. A repayment plan is set up with Bryan Carters for £50 p/month. Which I intend on paying back as take responsibility for the debt. But the CCJ is going to ruin my credit rating and I think because I wasnt in the country at the time I should be able to get set aside. Is that true? I more or less grasp the process of completing the N244 form but I more interested in understanding the best way to get a letter confirming the Consent of the Claimant. I am not sure which one to even contact to ask for it. And would anybody have a template or guidelines to at least attempt making one myself, which I can share later. Also what type of evidence would I need to show? and would i need to appear in person? I was hoping the proof of me not being in the country and the claimants consent would mean not but if someone oculd clarify that would be great, thanks
  9. i have received a letter through the door indicating i am about to be issued with a stat demand on behalf of a company called P&A receivables plc. it reads 'i have been directed to serve you with a statutory demand issued under the insolvency act 1986 on behalf of the creditor. unfortunately on the letter it does not give any further details. all they say is they will be returning on a date and a time to either issue the demand or post it through the letter box!!! what should i do???
  10. The bailiff regulations (that came into force on 6th April 2014) provide a simplified fee scale that is the same for arrears of council tax, non domestic rates, local authority issued penalty charge notices and Magistrate court fines. How much are the bailiff fees? Compliance Fee: £75 This fee is added to the debt as soon as the account is passed to the enforcement company by either the local authority or the magistrate court and will appear on the Notice of Enforcement. The ‘amount oustanding’ will therefore include the Compliance fee of £75. Enforcement Fee: £235 (plus 7.5% on amounts exceeding £1,500) If full payment or a payment arrangement is not agreed during the ‘compliance stage’ the debt is passed to an individual bailiff/enforcement agent. When he makes a personal visit to the property, an ‘enforcement fee’ of £235 also becomes payable. How is the ‘amount outstanding’ calculated? The new regulations state clearly that the ‘amount outstanding’ includes the amount of the debt from the local authority or the Magistrate Court and the enforcement agent fees (and costs) calculated up until the dtae of payment. Making a payment arrangement. After the debt has been passed to the enforcement agency, a Notice of Enforcement will be sent and the ‘amount oustanding’ will include the Compliance fee of £75. The letter (NoE) must state a date and time by which payment (or a payment arrangement) can be set up. This is referred to as the ‘compliance stage’. All companies should be willing to accept a sensible payment arrangement during the ‘compliance stage’ and in most cases; will accept a payment plan over a period of 3 months and in some cases, 6 months. It is worthwhile providing a simple Income & Expenditure with the payment proposal. Due to the strict time frame, payment proposals should be set up either over the phone or by email to the enforcement company. It is at the 'compliance stage' that any 'vulnerable' circumstances should be brought to the attention of the enforcement company and evidence provided. Payments made will be split on a ‘pro rata’ basis. As outlined above, once the debt has been passed to an enforcement agent, the ‘amount outstanding’ includes bailiff fees. Of significance is the fact that the regulations state that when a payment is made, it must be split on a ‘pro rata’ basis with the Compliance fee of £75 being deducted first, and the balance split between the debt to the either the local authority or the Magistrate Court (in respect of court fines) and the remaining bailiff fees. Making payment direct to the council or the Magistrate Court. As outlined above, once the debt has been passed to the enforcement agency, the ‘amount outstanding’ includes bailiff fees. Following a Notice of Enforcement or a personal visit, some debtors may decide to pay the council or the magistrate court direct in the belief that in doing so, they can avoid paying bailiff fees. In the very early days of the regulations (April 2014) this method of trying to avoid bailiff fees may have worked but now, very rarely (if ever) succeeds. Generally, the local authority will immediately advise the enforcement company that a payment has been received by them, and the enforcement agency will allocate that payment in line with the following example: Example of how payments are allocated: Liability Order/Magistrates Court fine issued for: £525. Notice of Enforcement sent and with Compliance fee of £75 added, the ‘amount outstanding’ increases to: £600 If full payment or a payment arrangement is not set up during the ‘compliance stage’ the account is referred to the enforcement agent/bailiff for a personal visit to the property. An Enforcement Fee of £235 is added and the ‘amount outstanding’ increases to: £835 Payment is made direct to the local authority/magistrates court of £525 (being the amount of the Liability Order /or court fine). The Compliance stage fee of £75 is deducted at source and the balance of £450 is split on a ‘pro rata’ basis with approximately 70% being allocated towards reducing the debt to the creditor (ie: the local authority or magistrates court) and the remaining 30% allocated towards reducing the bailiff fees. Can the bailiff take enforcement action to recover 'his fees'? As outlined above, once a warrant has been passed to the enforcement agency, bailiff fees becomes legally due and the ‘amount outstanding’ includes bailiff fees. The enforcement regulations have made it a statutory requirement that all payments should be split on a ‘pro rata’ basis. Accordingly, unless the ‘amount outstanding’ (which includes bailiff fees) is paid in full, the warrant has only been part satisfied and enforcement action can legally continue. It needs to be made clear that paying the local authority or the magistrate court direct does not mean that the warrant has been satisfied. All that it means, is that a part payment has been made against the amount outstanding. It is as simple as that. Note: It is important to be aware that with magistrate court fines, if payment is made to the Magistrate Court (either in person or online) after a warrant of control has been issued, all courts now forward the entire payment to the relevant enforcement company so that the enforcement company (and not the court) can deduct their fees in accordance with the ‘pro rata’ provisions as outlined above and allocate the balance towards the court fine. Setting up a payment arrangement and whether you can pay the court or the council direct -------.pdf Before Printing the PDF TIP If you DO NOT wish to print Page 1 (Cover Page) of the PDF, please ensure to do the following: Ensure you go to your Printer Settings and set it to 'Print from Page 2' (this way Page 1 (Cover Page) should not print out). Note: This will save you Ink & Paper
  11. Hi there! I was not sure where to post this, but as this forum has been useful to me in the past with personal matters I was hoping there would be a person here to help me with a current problem I have. Google couldn't help me, so .... Hopefully the kind people here can. When my grandmother died, she left me a sum of money in a Post Office account. She paid into it all the time and when I turned 25 the money was mine.. === Now, I don't have children, and I wont have. What I do have is two cousins who are the best part of my life. I wan't them to have an great future and I would like to help. They are still young. As hard as I have tried, I cannot find a way to setup an account like my grandmother had for me, for my cousins. I want to setup accounts for both of them and pay money into it on a regular basis. I wan't to keep paying into it till they are ready for University, and hopefully give them a sum on money to help them with their education and achieve a good start in life. Am I being stupid here and simply missing a keyword in seaches for these services or do they simply not exist anymore? If anyone could point me in the right direction that would be great. I am fearful that due to the rise in criminal activity involving financial activity such services have been stopped and that would be a great shame. Thank you for your time.
  12. Used to just get an email when someone replied on a thread I posted on, and then wouldn't get any others unless I visit the thread again, and then someone posts another reply. But now, I am getting emails for every thread update regardless if I have visited it recently or not. Resulting in 8 emails within an hour just on 1 thread. Is this something changed recently?
  13. Hi All, can anyone tell me if there is a way of "stopping" a ccj before it goes through? Creditors know that I am a non-UK resident and they are taking me to court using a UK address which I am no longer associated with and they know this. I have no way to access any court papers that are sent to this address and so cannot defend myself. Can my UK property have a charging order placed on it or a order for sale? Is there any way of contacting the court pre- default judgement to let them know I cannot access the papers? Or will I have to wait till it has gone through and then apply for it to be set aside? I know I will have to pay for this but can it be set aside without me coming back to the UK as otherwise this will also be difficult and I don't have money to pay for a solicitor to deal with it for me. Any advice most welcome! Thanks.
  14. Hi all, Just a quick question about banks right to "set off". If a debt is statute barred are they still able to do this? I'm guessing not but was hoping one of you lovely people will reassure me. Thanks.
  15. I have read that payment for a PCN is an admission of liability in itself and closes the file. I have been assisting a friend who wrongly received a PCN (she paid over the phone and I have a complete set of evidence to confirm this) from Manchester City Council back in October 2013. She did nothing to appeal it until she sent in Form TE9 to the Northampton County Court TEC in February 2014. Unfortunately she forgot to 'tick' a ground which resulted in an enforcement officer visiting her house in July 2014 and her having to pay £392 to satisfy the debt. I attempted to file a 'late witness statement' for her (Forms TE7 and TE9) but the Court Officer rejected this application as the PCN had already been paid in full. There is no point in appealing this Order as no doubt the response will be the same. My question is - what now? Can I make an application to set aside the PCN on the basis it was wrongly served and the contravention never occurred; do I issue a claim for unjust enrichment against the Council or is this the end? The Council referred my friend to the TEC advising her to file a late statement and acknowledged that the matter is out of their hands. I would appreciate some help here as I seem to have exhausted all avenues - I can't appeal the PCN as it has been paid (admission of liability) and I can't go to the Traffic Penalty Tribunal as my friend never received a Notice of Rejection of Representations. To say I'm stuck is putting it mildly! Any help appreciated
  16. Hello Forum I got a default judgment against a company who owed us money. I then got an Interim Third Party Debt Order against them and the money is frozen. In the meantime, they've applied to have the judgment set aside and the hearing is prior to the hearing for the TPDO. My questions: - how likely is the judge to set a default judgment aside (assuming that everything was served correctly - registered address wise) - when I read 'will set aside if debtor has a real chance of success' - does this mean that the judge has to be convinced that the debtor *could* fend off a CCJ judgment, based on the evidence. . Or does it mean that if there is even a remote chance, then the judge will set aside How tough are judges with this type of thing? It seems potentially that you follow all procedures to the letter, but there's still wriggle room for a debtor who knows *what to say* to throw off enforcement... Just waiting for the documentation from the court, which presumably contains details of what their argument for setting aside is - which can only be either service/whether the amount is owed..? Thanks, B
  17. I've read today that if a debtor contacts a bailiff at the Compliance Stage to set up a payment agreement, the EA will visit the debtor's home to set up the agreement and get a Controlled Goods Agreement thus costing the debtor another £235. If this is the case, no matter what the debtor does they're going to be charged £310, not just the £75 Compliance Stage fee. Is this right?
  18. Hi all I'm new to this forum and i'm looking for help. I have recently became an owner of a ccj on the 29th july 2014. The debt is with shop direct for a total of £4009. The ccj was issued at my old address which i havent lived at for 4 years and 9 months in england. I now live in scotland. I contacted the court to get the judgement set aside on the grounds it should have gone through the scottish court and if it did then my defence would be its statute barred. The default date of the debt on my credit report is 23/05/2009. The date the claim started with the court was 26/05/2014. It just comes under the statute barred by 3 days according to the credit report. I can see bw legal search my report numerous times before the ccj at my new address in scotland. I have the hearing on 10th september 2014 can anyone offer any advise? I have sent a letter to bw legal for my credit file using a template also i have sent the statute barred letter. Do you think bw legal will turn up to the hearing? I will be travelling from scotland in the morning and i am nervous. Can they adjourn the hearing on the day? Thanking you all in advance
  19. Just got one more issue that I would like the advice that anybody can offer me. I have a CCJ that was put on the Register on June 2010. I was unaware of this notice until October 2010 when I began to make payments and finally, the account is now settled. I have contacted the lender and asked them to confirm that they sent the origional default notice, which of course they said they did, and they confirmed that they sent it standard delivery and not by recorded delivery. I did not receive either the Default Notice or the Court Forms asking me to submit a defence, hence the reason that I didn't attend court and the decision was made without me there. Further to this, the lender has provided me with a headed letter to use in my case stating that they would not like to appeal against me having this set aside based on these reasons. What are the chances of me being able to get this set aside, and what is the best way about going about this?
  20. http://uk.finance.yahoo.com/news/meter-clocks-set-to-wrong-time-could-mean-millions-overpay-energy-bills-105148366.html
  21. Hi, I'm trying to setup a repayment plan with Wonga - a few years ago I had to do the same thing and was told to just email : tarik.abdellah@wonga.com He setup a payment plan for the amount + 1 month's interest, froze the interest and was easy to deal with. Unfortunately that email no longer works. Does anyone have an email for someone similar (think he was an account executive)? I know there is the option on the site to setup a payment plan but that never works for me and always asks me to just phone...
  22. I had a payday loan with wonga which I couldn't pay back and I blocked payments via CPA request at bank. After some tooing and frowing they have agreed to halt CPA and interest and charges for 38 days. I requested to set up a repayment plan and sent them a very basic I&E detailing income, major expenses and debts. However, they are saying that they won't agree to any plan and collections will continue after 38 days if I don't fill out their 5 page I&E and provide evidence. Now I know that I don't have to fill out their I&E. But just wondering from other people's experiences if it's just easier to do so? Or should I stick to my guns, and say I have already provided you with an I&E that should be sufficient. What would happen then? I do want to get the debt sorted and pay back all monies owed. Which is £800 and I can just about afford £100/month which is what I offered in my original email to them. Any advice would be great.
  23. In short, I have been having very bad problems with my mental health and suicidal thoughts, my finances have spiralled out of control and I have been off of work ill. I contacted Minicredit asking for a repayment plan and they sent me nonsense about lots of fees and whatnot. I am not in the best of positions as my old wages were on there (£1300/mo instead of the now £850/mo). I took out the loan after already being signed off for work. I basically irresponsibly took out this loan because of a lack of judgement and I was already grasping at things. May I point out that upon taking this loan out I had full intention of paying back and that my sickness was prolonged longer than I expected. I have managed to work out repayment plans with all other creditors aside from Minicredit. They have asked me for bank statements and sicknotes which I have already sent them. It was due today, I basically would like to know how I can minimise the damage of this to my bank and get a secure repayment plan in which isn't going to require me to pay what I cannot afford.
  24. Hey Everyone, For a good while now, Ive been taking Quid Quid loans, paying them off in full then end up taking a new out later on in the month. I want this to end. Ive made a completely anonymous account so I can be up front with amount and etc; My budgeting is below; Sky 80 Phones 115 TV License 27 Provident 50 Rent 450 Storage 82 Server 60 Virgin 27 Food 300 Baby Supplies 200 Total 1391 Wages 1750 Left 359 We currently live in the top 2 bedrooms (Myself and the Wife + baby 4mnth, plus 2 boys 4yr 5yr) of my parent-in-laws house, so that 450 rent covers Gas, Electric, general food etc. The Quick Quid Loan stands to be repaid on the 25th of this month for a total of £687.90. I also have a Council Tax arrears that I received a few days ago, Ive sent them a response offering £100 a month repayment, Id like to do the same with QQ, Im not sure how to word the letter and struggling to find a template to use. After looking around on this forum, Ive seen a few people say that their PDL company said they had to wait until after the payment was due before setting up a repayment plan.. Is this allowed, or are they just trying to get more money out of the person?
  25. Hi, First poster, long time reader As in the title, I had a CCJ that was issued in joint names in 2011, and it was settled last month. The CRA's have been registered as settled, and all checks out ok.(EXPERIAN/EQUIFAX) My mortgage with Santander was due for renewal, and, things being tight financially, I cannot afford any more monthly cost. Santander had informed me, that i was due to go on the Standard rate etc, extra £140 a month on my payments, as they could not offer a more attractive rate due to CCJ history being on there. My previous credit searches are squeaky clean, not one missed anything, in 6 years. So, myself and the ex-business partner agreed to pay off the CCJ (last month), we did so, and the courts ect all logged the information. The CCJ was for an HP agreement on some equipment for a business which failed when the financial market went belly up a few years back. When payements could not be made anymore, we had no option but to let this happen. Facts:- The CCJ was issued, as my business partner at the time, refused to pay his half of the debt on the outstanding monies. When this CCJ was issued, he only recieved some, but not all of the paperwork. The creditor agreed verbally that he could have this agreement set aside if we paid it early. We did, he then found his legal team would not permit this, and that in their eyes, it was issued correctly. Speaking to the court this last week, they said if it was satisfied, and they creditors agreed, £40 would see the N244 form sorted out, and actioned. I have contacted the creditor again, to plead that they could issue an aggreement to set aside. - im awaiting on this. If creditor does not agree, I will have send a N244 form that cost £85. This will be on the basis of the following.:- • We negotiated and accepted an out of court settlement , and repayment structure preceding correspondence dated 7th July 2011 between Mr A, Mr B, and creditor. This was accepted by creditor, the letter noted the payments would be £60pm • The first payment under the “out of court agreement” for £60 that was accepted, had been made by us, and received by creditor before the 1th September 2011, as that was the deadline stated for the “failure to respond will result in judgement being requested”. However, On examination, the N1 claim form was signed, and dated by creditor 1st July 2011. Mr A received a reply from creditor regarding our repayment plan dated 16th August 2011. The N1 claim form is dated as issued 4th July 2011. The Judgement was issued on the 7th October 2011 On collation of our received documents from creditor and Reigate County Court, between Mr A and Mr B, covering the time period in question, the following items were not received. Mr A is missing one letter from creditor, dated 15th September, regarding the deadline of 1st Sept 11. A copy of this letter was emailed to Mr A from Mr B, so I could act upon it, during the week between offshore shifts. By then, the claim had unfortunately been put in motion. Offshore conditions and facilities are simply floating prison cells, with harder work Any outside comunications are simply rare. Mr A can confirm that he has not received a N9 response pack from the courts, or a default notice from creditor. During the time of issue of documentation,Mr A was at the correct address held by the courts, and creditor As no letters were sent recorded delivery, from the courts or creditor, we have no way of verifying the whereabouts of missing documentation. If all the correspondence had successfully made it through Royal Mail, this situation would have been so much different, and avoided immediately In a nutshell, we submitted our financial in/out to creditor, we agreed a payment amount, and term. And started paying. They had a CCJ in place before before we had started to pay them, and whilst we were paying them, and also incurring court fees. Yet, they accepted payments.? Would this be a good grounding for an N244? Im hoping you can help, or knows someone who can assist with advice. There is also a formal complaint lodged with santander, as I was informed that the underwriter would look at the case, as there are exceptional circumstances. Yet, after 1 month of hoop jumping, They say NO anyway. There is also the possibility that this amount, contained an insurance premium, to cover theft of the equipment that the agreement covered. Thanks in advance for taking the time to read this. Cheers Loops:)
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