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    • and it legally informs them of your correct and current address as you must do with all old debts last paid/used in say 7 yrs you dont want backdoor CCJ's. what were the names of these IVA scammers, the one you took it out with, and the one that scammed you to let them take over please? your story is slightly worrying. dx  
    • Incidentally, congratulations on not buying the warranty. That is another Big Motoring World rip-off. See what we have to say about extended warranties and the Big Motoring World attitude to them is particularly unhelpful
    • well that google is from 2019, but the photos are certainly of someone driving on the public highway in/out by an ANP system, though the site of where the camera actually is, is not showing there are anpr cameras up by the low yellow barriers but they wont get from facing shots from there. interesting, needs to be checked if the road IS a public highway but on private land, cause as you say, if the whole area is max 4hrs , how does the hotel work< ?? must have a reg entry system.  now as for taking pictures of cars on a public highway then guessing the are parking ...erm.... i dont thnk thats right nor allowed under GDPR. dx  
    • Under the consumer rights act 2015, if a defect manifests itself within 30 days and you have a right to return the vehicle for a full refund. If any defect manifests itself within the first six months of ownership then you have a right to return the vehicle for a full refund subject to the retailers right to carry out a repair. If the retailer declines to repair or if the repair fails then you have the right to return. The problem here is that you have to assert their right. It's a bit ridiculous – but you have to do let them know preferably in writing that you are asserting your rights under the consumer rights act either the 30 day right or the six month right. I suppose that you haven't done this – which would be quite understandable because most people don't know that these rights exist and that they are subject to these conditions – the condition that the right must be inserted. It is frankly ridiculous. The dealers know it and we have lots of instances of this company delaying appointments et cetera and our strong suspicion is that they are simply trying to run their customers out of time. On the basis that you haven't asserted your rights, we now have to look to ordinary contract law. You are entitled to purchase a vehicle which is of satisfactory condition and which remains that way for a reasonable period of time. Clearly it is in satisfactory. They are blaming you. Has your independent inspection identified the reason for the defect? This will be important because as you have seen BMW are already saying it is down to your driving and you are going to have to produce evidence that it wasn't down to your driving and the you drove it absolutely reasonably and it was simply the condition of the car. Have you been without the car for any period of time. Is it driveable now? If the car was off the road for a substantial amount of time and was still off the road then you would be able to argue that this is a fundamental breach of contract and that you have been deprived of substantially the whole benefit of the contract and therefore you will be entitled to treat the contract as breached by Big Motoring World and insist on cancelling the contract. It may be that you will eventually be obliged to keep the car but have the repairs paid for. Have you had any quotations for the work that needs doing? I asked you questions about the MOT – but you haven't responded.
    • A 'violent left wing mob', comprised of a chap in a red hoody with a damp polystyrene coffee cup and a bit of wet cement, gets nowhere near cowering frightened farage some distance away on top of his double decker bus .. as farages security and support seem to film the incident grinning     Farage bravely flinches, grimaces and seems to almost burst into tears as the 'objects managed to travel a part of the way toward his position on top of his bus. His reactions honed by having a bit of milk splash him at a prior incident allow him to swiftly fall into a protective cower and grimace .. .. Sometime after, once the mob of 1 had been safely bundled away, farage apparently wipes his eyes of tears, and rising from his cowed and frightened pose, bravely shouts “I will not be bullied or cowed by a violent left-wing mob who hate our country.” .. however few they may comprise of.   https://www.independent.co.uk/news/uk/crime/nigel-farage-cement-barnsley-reform-uk-b2560501.html  
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HFC Card CCJ/CO - now sold to marlin - what can they do?


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I have a debt on a card which I was unable to keep up with. I eventually found out about the CCCS and set up repayment plan with them on this debt along with several others. Six months on I get a letter from a solicitor (who's name appears regularly in the section) saying the bank isn't satisfied with the repayments and wants more otherwise they take me to court. I explain my financial position and ask why the bank didn't contact me or CCCS to discuss first.

 

Next thing I get court papers served, so I dispute the high charges applied, the extra interest claimed, some of the balance is late payment charges, etc. Next thing is a CCJ for an amount totalling 50% of what I have to repay all the debts via CCCS. I speak to CCCS and they provide details for disputing the payment which I return to the court & solicitors within the specified time limit. I wait for a date to go to court to argue my reasons why the repayment is too high and next thing I get two letters from the solicitors (doesn't that mean prostitutes?) both with an Interim Charging Order and a date for the hearing.

 

Other than filing a defence against the original summons I haven't had a chance yet to have any input into the proceedings. How do I defend this? The amount of this debt is around 10% of the full debt I owe, and is about 35:1 on the value of the property which is in joint names, but this debt is in my name.

 

I can't afford higher repayments, I can't afford to reduce the repayments on the other debts, as this will provoke action from them as well. I don't want a charging order favouring one creditor as they get an unfair advantage over the other debts, especially if (as is now possible) the value of the equity in the house falls below the total amount owed.

 

 

On the original summons and all subsequent paperwork they have used the wrong spelling of my name - does this make a difference at all? I did point this out in my defence reply to the court.

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INext thing I get court papers served, so I dispute the high charges applied, the extra interest claimed, some of the balance is late payment charges, etc.
Did you not get notification of a the defence hearing?
Next thing is a CCJ for an amount totalling 50% of what I have to repay all the debts via CCCS. I speak to CCCS and they provide details for disputing the payment which I return to the court & solicitors within the specified time limit. I wait for a date to go to court to argue my reasons why the repayment is too high and next thing I get two letters from the solicitors (doesn't that mean prostitutes?) both with an Interim Charging Order and a date for the hearing.

Was this a re-determination hearing? When was the CCJ entered? The name thing is minor, the court have the powers to use their discretion to amend things like that and continue with the action. If you can answer these questions for me when can move forward, best wishes.
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Did you not get notification of a the defence hearing?

 

Not a thing. I sent in my defence papers in reply to the summons and the next contact was the CCJ.

 

Was this a re-determination hearing? When was the CCJ entered?

 

All I've had is a notification of the judgement, to which I responded by requesting a reconsideration of the amount. The CCJ was entered on 15th February and I have continued with the regular payments via CCCS.

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So ,let's get this straight. You've never received any information from the court and now you have been informed that there is a charging order in place against your property? You were never informed of the hearing for the final charging order? I would suggest calling the court and finding out what they are playing at.

I really want to help you but I'm confused that yopu've not had ANY paperwork or notification :(

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So ,let's get this straight. You've never received any information from the court and now you have been informed that there is a charging order in place against your property? You were never informed of the hearing for the final charging order? I would suggest calling the court and finding out what they are playing at.

I really want to help you but I'm confused that yopu've not had ANY paperwork or notification :(

I filled in the paperwork for redetermination of the amount of the instalment as it was higher than I could afford whilst still keeping up repayments on the other debts. I put the paperwork into an envelope addressed to the court with the claim number on the outside and posted it directly into the court's letterbox before the due date. I also faxed and emailed a copy to the solicitor on the same day. This is also how I returned my defence paperwork when I answered the summons.

 

I've just spoken to the court and the clerk there informed me that they hadn't received the paperwork and so the follow-up actions were taken. She advised me to talk to the solicitors handling the persecution/claimant's case. I'm not sure that they will be very helpful though!

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So ,let's get this straight. You've never received any information from the court and now you have been informed that there is a charging order in place against your property? You were never informed of the hearing for the final charging order? I would suggest calling the court and finding out what they are playing at.

I really want to help you but I'm confused that yopu've not had ANY paperwork or notification :(

The Interim Charging Order paperwork came with notification that the application will be heard in three week's time. But the paperwork from the Land Registry that arrived today implies it is on already.

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Hi,

 

I have a debt related to HFC Bank on a credit card. I have been paying this through CCCS for over 9 months without a murmur. Out of the blue I get a letter from Restons threatening legal action if payments aren't increased. No prior contact from HFC, no negotiation and straight to court. There is a small amount of late payment charges which I never bothered to chase (just over £100). How is it best to deal with this?

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It's a bluff imo..if you are paying what you can afford then they can't get blood out of a stone. I would call their bluff and tell them exactly that in as many words. I doubt very much they will take legal action and even if they did and you prove to the Judge you are doing what you can he will be on your side...not of these leeches

 

Regards

 

Mick

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If you have a DMP with CCCS, just give them a call and send the letter to them.:)

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I see from the HMCS site that I can object to the final charging order by notifying the court and the claimant up to 7 days before the hearing is due. What do I have to do to notify them, and what should I use as the reason.

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Thanks for the info. I have a question about the point 'If the debt is very small in comparison to the amount of equity in your home, argue that a charging order would be unfair'. Does this mean the debt in question, or the total amount of debt? Does it relate only to my share of the equity (house in joint names)?

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Hi,

Same thing happened to me and be warned I have NO equity ie neg equity in my house because of secured loans and larger unsecured creditors and at the hearing the judge still made the charging order final. It felt like he'd already rubberstamped it before I'd even sat down. Good luck.

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  • 2 months later...

We need some help in the Debt Collection Industry forum. A number of us who have been taken to court by HFC and had CCJs & COs awarded against us are now receiving Notices of Assignment from Marlin, who are asking for all payments to be made to them.

 

Is it legal to assign a debt with a CCJ or CO in place?

 

Can they change the payee on a CCJ without reference to the courts?

 

HFC have put me (and others) through a lot of stress and cost to get a CO, and then they go and assign it - it doesn't make any sense to me to get a CO and then sell the debt of cheaply when there's a guarantee of payment via the CO.

 

See the thread http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/149821-hfc-bank-restons-marlin.html for one of the examples going on at present - there's at least a couple more on the go.

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I dont think you should be looking at if they can assign a CCJ, but whether or not you can get that CCJ set aside,

 

have you looked into this at all?

 

Hi Paul

 

Do you know if the assignment (alleged, legal or otherwise) would have any bearing on a set aside application? i.e. would it strengthen the argument for a set aside?

 

Cheers

Rob

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I haven't tried yet, but was looking into it, especially as the court seem to ignore me in most of the process (mainly due to ignorance on my part) and set a CCJ for an amount I couldn't afford, giving the claimant the opportunity of going for a charging order. I asked for a redetermination, but that was ignored, and although the final CCJ was for less than the original one, but the CO damage was done.

 

I'm looking at chasing HFC for an SRA to get full disclosure and see what turns up. In the mean time I have Maplins (Marlin) chasing with a Notice of Assignment for a debt with a CCJ & CO which just doesn't sound right to me.

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According to National DebtLine, this is allowed. I shall be making a formal complaint to HFC/HSBC/OFT/FOS/my MP about this, as I asked for reasonable settlement figure once they went for the Interim Charging Order and got totally ignored, but now they have obviously sold the debt on for lower than the full value - why couldn't they settle with me for the same amount?

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