Jump to content


  • Tweets

  • Posts

    • Please answer the following questions.   1 Date of the infringement 03rd March 2024   2 Date on the NTK [this must have been received within 14 days from the 'offence' date] I did not received a NTK    [scan up BOTH SIDES as ONE PDF- follow the upload guide] please LEAVE IN LOCATION AND ALL DATES/TIMES/£'s   3 Date received Give answer here   4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] Give answer here   5 Is there any photographic evidence of the event? Give answer here   6 Have you appealed? [Y/N?] post up your appeal] Give answer here   Have you had a response? [Y/N?] post it up Give answer here   7 Who is the parking company? MET Parking Services   8. Where exactly [carpark name and town] (346) Southgate Park, Stansted CM24 1PY   For either option, does it say which appeals body they operate under. IAS - POPLA   There are two official bodies, the BPA and the IAS. If you are unsure, please check HERE   If you have received any other correspondence, please mention it here I received a parking charge Final Reminder today 15th April 2024  Copy the windscreen or ANPR section to your thread and answer the questions... …….... In either case scan up bothsides of any letters/tickets in or appeals made out to ONE MULTIPAGE PDF ONLY MET Parking Services Scanned Doc.pdf
    • I am getting conflicting advice from friends about this issue. I am hoping somebody can end my confusion. A couple of weeks ago I took my Mum out for her birthday. Another driver scratched the front passenger side near the bumper of my car as it was parked up. There are no dents just quite severe paint work damage. He scraped his car against mine. The other driver drove off. Luckily there was 2 witnesses who got the other drivers reg number. Cut a log story short the other driver said he didn’t realise he damaged the paintwork on my car. He has however admitted liability. His insurance is paying out. Last Thursday my car was taken away to have the paintwork done. Today I been told my car has been put down as a total loss (not a write off).  As it is only paintwork damage and not body work or mechanical damage, I don't understand why it has been put down as a total loss. I have been told by the insurers I can either write the car off and receive payment to the value of the car or I can take a lower payment and get the car repaired myself.   I am getting conflicting advice from friends. Some are saying if I keep my car and get the repairs done myself the car will then be classed as a category S or category M and I will no longer be able get insurance on the car as it will be classed as written off. As it is only paintwork damage and not body work or mechanical damage, I don't understand that. My questions are  If I take the payment to get the paintwork repair done myself will I still be able to insure my car when the insurance is up for renewal? If I take the payment to get the paintwork repair done myself will my current insurance policy be voided? If my car does get classed as category M or S will the stop me from selling it on the future? Thanks
    • Yes, it is just for Tesco. But as that manager explained, those two spaces on that ground are now rented by the electric company. "What appeal?  Private parking companies never, ever, ever accept appeals - ever." What is my next move then, please? Just wait for them to issue me with whatever it is they issue, and then what? 
    • so how are you doing OP?  Letter of claim ready?
    • @fusionrox please create your own thread by clicking the button at the top of the website
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Final Charging Order Hearing-set Aside?


benson05
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5966 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi Sequenci,

Original CCJ was made with forwith payment on 13th September, Iterim charging Order placed on the 18th septmeber, our redetermination request under CP14.13 was received on the 19th Septemeber so I think the Judge beleives there was an abuse of process. Believe the next hearing we have is for the re-determination of the original ccj as the judge said they could ask for forwith once again. The claimant applealed at the hearing but the judge said it was at the courts discretion-does this make any sense

Benson

Link to post
Share on other sites

Guest Jules_69

So did you have a date for the final charging order hearing ?

 

Interim charging order is basically rubber stamping stuff. Its quite standard for that to go through quite soon after a judgement before redetermination - just protects the debt in case you sell up and ship out between times.

 

If you have applied for redetermination they will hear that then move to a final charging order hearing after that. The claimant will still get the final charging order even if the redetermination ends up with you making payments in installments.

 

 

Probably need a bit more detail tho to help further :)

Link to post
Share on other sites

hi womble,

have no idea what is going on but the judge did say setaside and he did say we go back to the stage of the original ccj until I get the courtpaperwork I wont know, but I do know that the charging order was not granted as NR appealed there and then and were knocked back, but I know we have to file some paperwork etc and offer to, pay the original ccj by installements at the next hearing . This wasnt what we expected as we are still in limbo, however Payplan said that the chances are they won get a charging order again as this one failed and we havent got to pay the costs this time so therefore I take it they lost.

 

Kind regards,

Benson05

Link to post
Share on other sites

Guest Jules_69

Did you receive any of this in writing from the court since your redetermination application ? If so and you can type that out a bit it might help get a clearer picture.

 

You will need to submit your full financial statement and offer to pay - did that happen at the initial ccj hearing ? Also what paperwork did you receive with the order to pay forthwith - did this grants the claimant rights to apply for charging order ?

Link to post
Share on other sites

Hi Jules,

 

No today was the Final Charging Order Hearing, but as court paperwork from the Judgment Claimants Court was not right (abuse of procedure) it was setaside and taken back to the ccj stage . I remember clearly the Judge saying setaside, but I understand it has to be discharged and cannot be setaside Help

 

benson05

Link to post
Share on other sites

Hi Jules,

 

There was no mention on the original ccj granted on the 13Septmeber for an Interim Charging Order however on the 18th Sept they issued anINTERIM CHARGING ORDERe and on the 19th Septmeber our re-determination went to the court under Civil Procedure Rule 14.13 however the court omitted to look at it until I asked the Judge today at the Final Hearing todo the re-determination first, the Judge also realised there is no equity in the property therefore the judgemnt claimant would gain nothing from a CO . Hope this helps

Benson

Link to post
Share on other sites

Guest Jules_69

Okay thats good :)

 

I wouldnt worry then now about the charging order - they may reapply at the redetermination hearing to have the charge placed on the property but it sounds as though the interim order has been discharged.

 

Sooo the next hearing is to determine your level of payments - you'll need your full financial statement and it would look good if you write to claimant offering to pay an affordable figure (probably the same as you were paying through payplan if you in a dmp or they could help u work it out) before the hearing. Then for the redetermination hearing I would submit a witness statement 7 days before outlining your offer to pay attaching your financial statement and any events led up to present day. Also reasons for not believing a charging order is the way to go - family home etc etc.

 

If the judge orders monthly payments which is what you want then they may reapply for a charge on the property to secure the debt.

 

 

I am assuming the judge will order a redetermination hearing - he might not and might just set the payments him self - he'll have all the info needed from your application :) Probably only needs be a hearing if the claimants dispute it.

 

 

Is that a bit waffley ?

Link to post
Share on other sites

Hi Jules,

Thanks for your input we will file witness statements and also our financial statement, sort of hoping they will accept the payments by installemnts . Can I quote in my defence that the Judge today thought the placing of the charging order was a 'paper excercise only' as there was no equity or can you not quote Judges, or just maybe the Judgement Claimant will write to us and accept the payments rather than having to send an 'agent ' down

 

Your thoughts would be most welcome

Link to post
Share on other sites

Guest Jules_69

Nope is the easy answer.

 

Charging orders - especially interim ones are pretty much just paper exercises - and quoting the judge probably isnt a great plan.

 

 

You arent defending now you are admitting the debt and making an offer to pay.

 

soooo basically letter to claimant, yes I owe debt, have received judgement and applied for redetermination, mindful of courts time and costs it would be good to sort this out prior to a hearing, etc , would like to pay, would you accept monthly payments, here is my financial statement and list of other creditors etc and this shows i can afford to make payments to you of £xx.xx per calendar month. My first payment is enclosed with the letter (shows willing) please acknowledge receipt. Payments will be made on XXth of each month until the debt of £ xxxx.xxx is cleared (better word).

 

 

Then that should look nice for you in court - and even better if your witness statement echos it.

 

 

Hope that helps a little more :)

Link to post
Share on other sites

Guest Jules_69

maybe not a list of other creditors - are you in a DMP with payplan ? if so you can use that financial statement. and they are quite generous so you should be able to manage if you can get the claimants/court to agree to the same figure they set.

Link to post
Share on other sites

Hi,

Yep in DMP with Payplan, the judgement claimant receives the highest payment at the moment there are twenty other creditors. So are you saying write a aletter to the claimants solicitors stating he offer (they are paid this every month anyway. Also can we use a skeleton argument , they used one today something to do with a petroleum company v joe blogs but caNT FIND A RELEVENT SKELETON ARGUMENT sorry in capitals I have sucha headache after today

benson05

Link to post
Share on other sites

Guest Jules_69

yep restate that offer to them in writing post judgement.

 

Skeleton argument - yes you can. Personally I would stick with lit in person approach and not get too legally indepth. A witness statement should be plenty to state your case.

 

Not suprised you have a headache - stick your feet up for a bit and hopefully the case they used will come to you.

 

 

Re the payplan thats good - cause it shows the judge you are making every effort to make your obligations. :) So use that documentation for your financial statement.

Link to post
Share on other sites

Thanks Jules,

 

Will do as you said, will let you know once I have got the papers from today what the Judge's directions are. I think i will have a sit down and try and think about something else for a bit, the last few weeks have left me sick with worry.

Kind regards

Benson05

Link to post
Share on other sites

Guest Jules_69

((((((((((((((((hug)))))))))))))))) for ya

 

Take it easy, wait to get the papers, then we can start working on the next bit.

 

You deserve a break now.

Link to post
Share on other sites

Hi Jules,

Certainly will, hope they might have come today but nothing, chilling-not a hope, I will have to write it out to you because I cant scan (I am a numpty) will let you know, just hope it has been setaside (the interim order) , just something else I was thinking about regading this , The Judge says we were going back to the post ccj stage and the hearing was to re-determine, now the original un-secured loan was for 25k I reckon we paid off APPROX 2.5K but the ccj was for 36k now assume this is for the interest should the loan have run for the full period but then I see that they can also add interest post ccj at a rate of approx 8%. Since entering the dmp we have never missed a payment but I assume we are just covering interest. Just seems a bit steep plus I think there is a redundancy/illness insurance on this as well I wonder if they have also added the full premium of that in too. Haven cca them as a)know they will have paperwork and in theory as our dmp filled in our paperwork we have really admitted the full debt(told you we were numptys) and as this is ccj'd seems pointless.

 

What do you think?

 

KIND REGARDS-BENSON

Link to post
Share on other sites

Guest Jules_69

Okay I assume the reason you stopped paying in full wasnt due to illness or redundancy ?

 

Without seeing the paperwork its difficult. A jump from 25k to 36k seems excessive.

 

Do you have a full statement of the account ? Or a breakdown on the original particulars of claim they entered ? If you have the original POC and fancy a bit of typing that might help. Also how long did you pay the full monthly installments before entering the DMP ?

 

Who is the claimant ?

Link to post
Share on other sites

Guest Jules_69

seems to be a few posts missing of this thread too ?? Sequenci had posted some interesting bits about final charging orders in particular ? Any ideas ?

Link to post
Share on other sites

Hi Benson,

 

So January 8th is when the judge will have a final judgement.

 

The charging order has been set aside, maybe because they maybe see if you make your court payments first.

 

Are you making payments via the court or is it still through payplan at the moment.

 

kind Regards

 

Womble

Link to post
Share on other sites

Hi Womble,

 

Keeping up with Payments through Payplan as stated never missed one, have spoken to Land registry and have to fill in form and get the restriction removed from the property a the interim order is now void. Never want to go through that again so now I need a solid reason to get them to accept payment by installments. Hope all ok with you,

Benson05

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...