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    • retailer said they'd speak to dpd on Tuesday. I don't want to screw the retailer because they were doing me a favour by fixing it for free  I hope dpd will refund them so they don't lose out. Will keep you guys posted. 
    • Well, we live on the same road so it should be the same postcode. When I spoke to dpd and asked why were my neighbours' address not on the list and she said maybe they're not of the same postcode and I checked and they definitely were. Not to mention, delivery instructions are supposed to override actual customer's address which is why they asked for instructions I thought.
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    • There are a number of reasons why you may not have been issued a notice in the post within 14 days. If you were stopped by the police it may have been given verbally. In the case of speeding offences, the police may issue you with a conditional offer of a fixed penalty of 3 points and £100.00 fine by post or an offer of a speed awareness course. If the offence is considered too serious for a speed awareness course or fixed penalty you may be charged with an offence which normally occurs by way of the issue of a Single Justice Procedure Notice. If the vehicle within which the alleged offence took place was registered to another person or company there is technically no need for a notice to be issued to the driver. After the police have obtained details of the nominated the driver, they will normally send the notice to them, although there are no time limits within which they must do so (provided that the notice was received within 14 days by the registered keeper of the vehicle). In such circumstances, a person may receive a notice several months after the alleged offence too place but still be prosecuted. A Guide to a Notice of Intended Prosecution | Motoring Offence Lawyers the above copy n paste link has purely been copy n pasted here to inform you of the regs, which you could have done yourself by, as this is, a google search......... we do not ever recommend using such offered webservices! dont dx    
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Charging order help required**SORTED**


smutley
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Hi, I would imagine the mods will create your own thread in due course and move the posts as this is for the petition really, in the meantime I'll try and help if I can.

 

From the information you have given it is difficult to detemine exactly what stage matters have got to. I'm assuming that a CCJ has been granted and your sister did not enter a defence or make an offer of payment and judgment by defaul was entered for the full amount. Please can you confirm this?

 

Depending on when this happened then and the fact the letter may proceed an interim changing order or a final order. We need to determine the facts relating to the stage she is at.

 

In theory a creditor with a final charging order could make an order for sale request to the court but in my humble opinion it is HIGHLY unlikely that this would be granted against a single mum of 6 kids offering to make an affordable monthly payment. So, what next...?

 

Was a CCJ granted if so when and for how much? Are you able to scan judgement form?

 

Did the court confirm in writing the hearing was to be moved and then it still went ahead elsewhere. What were the actual circumstances of this?

 

Has an interim charging order been granted? If so When?

 

Has charging order been made final? If so when?

 

Has your sister made any payments during this time and was there an agreement before?

 

What exactly does the latest letter say?

 

I have had success getting charging orders dismised and CCJ's set aside but in order to help an accurate summary of the current situation is required.

 

Happy to help and tell your sister not to worry, the main thing is to be proactive and to take action.

 

FF

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HI ignore most of this our posts crossed

 

Hi Smutley

 

Well from the letter it would appear to be the case that they have a CCJ and a charging order.

 

We need to establish the circumstances of the CCJ and charging order especially the dates and locations (was the hearing moved etc). Did she enter an admission etc. All this will help with possible next steps.

 

Also was the debt assigned to Arrow Global? Does she have a letter of assignment?

 

Thanks, FF

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So she sent an admission offering £5 per month? This was refused (by the court - not eversheds its not up to them) and the court made a forthwith order? I would think this quite unsual if she completeed the Income and Expenditure section of the claim form and demonstrated this is all she could afford. Sorry to be so pedantic but the devils in the detail.

 

Also you mentioned she is depressed (who wouldn't be when being harrassed like this) - is she receiving treatment, has she been to the doctors at all.

 

It would seem that matters are very advanced to be honest. I suspect the only option will be to try to get the CCJ set aside and the charging order discharged on the basis the hearing went ahead without her being aware it hadn't been moved.

 

In the meantime she needs to begin to see if she has a possible defence and needs to request a copy of her agreement from Arrow and also send them a dpa request. All the details to do this are on the site, shout if needs be.

 

A N244 form is whats required to apply for a set aside this can be downloaded from here The requested resource (/HMCSCourtFinder/tiles/Her Majesty's Courts Service -Forms and Guidance) is not available

 

The fee is £75 but she may well be exempt.

 

Its a disgrace that an organisation should consider an order for sale against someone in your sisters circumstances for what was an unsecured debt. I will do all I can to help as I'm sure will the other CAG'ers.

 

FF

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She needs to get on to the court asap in the morning and find out what happened to her redetermination hearing. It seems odd that the final charging order hearing went ahead without taking that into consideration.

 

Just out of interest what did her income and expenditure say at the bottom line? Was £5 a reasonable offer? Did she give details of her other debts and what they had accepted?

 

With an admission its going to be very hard to get judgement set aside. I think she needs to concertrate on this 'missing' redetermination hearing as the route to get matters resolved.

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