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    • You haven't returned to the thread to give us your views, but a couple of other things strike me which you should consider: 1. You say that at no time was your father's licence revoked by the DVLA. It didn't have to be revoked. It expired in September and his "entitlement to drive" (of which the licence provides proof) expired along with it. He could only continue driving whilst his application was being processed by virtue of s88, and it seems clear to me (based on what you have said) that he was not able to take advantage of the benefits provided by that section. 2. The letter he received threatening to revoke his licence was probably a template letter sent when any medical issues are brought to the attention of the DVLA. But it is clear that beyond September until it was eventually renewed, your father had no valid licence to be revoked. I believe a "not guilty" plea in court will fail. The basic facts are that your father's licence expired in September, it was not renewed until February because the DVLA were looking into his medical declaration and he could not take advantage of s88. So in December he had no licence and no entitlement to drive under s88. The facts that he believed he was fit to drive and that his licence was eventually renewed may mitigate the offence but they do not provide a defence. I also asked whether he had received a summons (very unusual these days) or whether he had received a "Single Justice Procedure Notice". The way to proceed from here differs slightly depending on what he has received so if you let me know, I'll advise further.  
    • Well, what I've read from various sources suggest if a CCJ is 6 years old that if becomes pretty much ineffective for enforcement purposes in its original form.  And that if it's about to expire then the claimant needs to apply to the court to extend the original CCJ within the final year.  Even if they do apply for an extension within the 6 years they have to have a very strong argument for doing so such as the person being out of the country or could not be traced, basically show they were actively still perusing the debt I guess. Now if a claimant ever does apply within the 6 years to extend the CCJ, would the person named on if be notified by the court that such an application has been made?.  In my case I've heard nothing from the court so assume no such application has been made.  The original CCJ in my own case is now a year beyond the 6 years of issue so must now make things even less likely again. So whilst the CCJ exists that they have not enforced it in that time must surely make it unlikely they can now take it back to court because as said it would be very rare for a judge to agree to such action now. That said, I guess they now can't use the CCJ to continue with any action for an attachment order to our mortgage either?
    • Donald Trump now banned from countries including Canada and UK as convicted felon WWW.INDEPENDENT.CO.UK There are 37 countries that bar felons from entering, even to visit.  
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Creation Consumer Finance claimform - old Fridge loan - struck out - they tried again - **WON+COSTS TWICE**


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Ah- you didnt say where you were, I assumed from the question that you were in Norn Irn.

 

When you get costs judgement, contact the EJO in Belfast and ask them how you go about enforcing this English judgement in Northern Ireland.

 

6th Floor Bedford House

16-22 Bedford Street

Belfast

BT2 7FD

Phone: 028 9024 5081

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Update :

 

Went to the costs assement Hearing, to our surprise Creation consumer sent a solicitor along in the hope we would not attend,

 

The judge went through the motions and informed us that we could not claim for today, however, after hearing the waffle and excuses from the solicitor, she started shouting quite abrubtly at the solicitor, she advised them she has read the file and that she was disgusted that they did not settle before it came to this hearing, he blamed greenhalgs solicitors (apparently Creation consumer have appointed these new solicitors to sue Greenhalghs who lost this claim)................we were awared the costs, after a further lenghthy discussion between the judge and their solicitor, to my shock he was trying to dispute what we were claiming, I THEN, put forward the N254 Application and informed the judge that they had 21 days to respond and the hearing was not a appeal hearing.

 

The judge then told the solicitor, they had their chance and they messed up the claim, (I was quite annoyed at this stage) she then told him, she was not going to hear anymore from him, and awarded us the full amount, she then also went through what we claimed for today (originaly she refused to award anything for today) then awarded us £48.00 for attendance and travel etc.

 

They have 14 Days to pay, so I asked the judge to confirm that if they pursued with another claim, she looked at their solicitor and informed him that it would be abuse of process.

 

As soon as the money comes through I will definately make a contribution to the site as this site has now given me the insight and assistance, without which I would have faced a unfair claim and a CCJ.

 

Thanks to everyone on here who has helped and I wish the site assists many many individuals who are not able to help themselves.

 

THANK YOU ALL

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Excellent! Nice to have had their solicitor ripped to shreds in front of your eyes! :D

 

So, is £48 the total awarded?

 

Like I said, contact the EJO in Belfast and ask how you go about getting this transfered over to N.Ireland.

 

Then after 14 days (if they havent coughed up) issue enforcement proceedings against Creation.

Edited by noomill060
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Hi Noomill

 

The total awarded was £633 including the 48.00, This site is the best site for genuine help needed and the people on here are wonderful as without you all I would have not dont it or had the courage or knowledge to deal with these prats - just look at their web site Debt Recovery and Commercial Litigation from Greenhalghs Solicitors, they are now being sued so what goes round comes round - is KARMA not a wonderful natural JUSTICE.

 

There are 100's of people who buy from stores on buy now pay later, you send them the money and then they say they did not receive it only to charge you 40% interest, so if you owed 1000 you end up with a CCJ and owing 2500 like us, how can they do this to people-why are they allowed to chase people for these unfair debts and get away with it just because you do not have a SLIMY SOLICITORS FIRM, who will even sell their own mother to get some money.

 

Life is hard and living is made even worse and unfair through the practices of these companies.Hopefully, the more people are assisted through this site, and helped to understand what they are facing, the less these claims will succeed, I hail the founders of this site and wish them good Karma as they are the real providers of JUSTICE to the poor and those who have nothing but their humility and honour to lose if not assisted.

 

WHAT GOES ROUND COMES ROUND IN THE END!!

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Thanks for that supasnooper............Please can I remove the Link to greenhalghs as I dont want to promote these idiots, I attached it as previously they were using vultures and bears as their promotional adverts, claiming to act like vultures to collect debts and bears to fight so called bad credit.........................since they went on TV and were disclosed as real vultures on panorama they have changed their coats but not their method...........see here http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/167052-attention-panorama-bbc1-20-a.html

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Inntree just to let you know that I also had a claim where I won (my costs were measly though) and as soon as I received the judgment I sent it recorded delivery to Greenhalghs just to make sure they wouldn't say "oh we didnt receive one". They then wrote saying we have asked our client for the money"

 

They are horrible I had a really bad do with them - lying stands to mind.

 

Anyhow I look at that letter from them now and think "your client wouldn't have been best pleased with you lot".

 

Congrats btw its good that this shower are brought down once again.

 

HH

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Thanks for that supasnooper............Please can I remove the Link to greenhalghs as I dont want to promote these idiots, I attached it as previously they were using vultures and bears as their promotional adverts, claiming to act like vultures to collect debts and bears to fight so called bad credit.........................since they went on TV and were disclosed as real vultures on panorama they have changed their coats but not their method...........see here http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/167052-attention-panorama-bbc1-20-a.html

 

 

It's your call as it is your post.

 

Personally, I'd edit your post leaving in the references to Greenhalghs in your post for anyone who searches the forum but remove the weblink.

I'm sure people will do a web search anyway. ;)

 

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  • 1 month later...

Hi

 

Just a update, we received the order of above dated 24 November 2009, for the amount of 633 to be paid within 14 days, which was latest 8 december 2009, however the order was typed up on 16/01/10 so do I now enforce through the baliffs or do I wait until it is 14 days from it being typed, as I am not sure these cretins will pay anything despite the order, as their solicitor attended on the 24th November so must have advised them to pay.

 

Thanks

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As the order is dated 24 November, you can now go ahead and enforce it without mercy.

 

My judgement against a credit card company was dated 20 March, but didnt receive it until a month later. I was able to enforce it starught away.

 

They whinged and cried over it and phoned the court to confirm their bad news, but they paid up to avoid bailiffs.

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I wrote to the idiots via e-mail last night giving them 3 days to respond before issuing High court action - this is the response I received

 

What a Bunch of W$%£%£RS

 

We have not received a copy of the sealed order made by the court at the hearing on 24.11.09. However we do have a record of the hearing from our representative, we now enclose the cheque for the settlement.

 

Notwithstanding that these proceedings have been struck out, there still remains the issue of monies owed by you to our client under the finance agreement. We have asked our client for their instructions in this regard and as soon as they have been confirmed we shall write to you further.

 

W£$%$RS

 

OUR RESPONSE AS FOLLOWS:

 

I refer to the contents of your letter, this account is now struck out by order of the court and costs assessed and awarded against your client, moreover the account has been unlawfully terminated by your clients and accepted as such by me, any further attempt to re-litigate will be defended vigorously and reported to the Court.

Please note that any issuance of a claim for the matter which has already been struck out will be considered an abuse of process, the representative who attended Court from your Clients was warned of this fact by District Judge XXXXXX, accordingly, any further action which you client or you do pursue will be highlighted to the Court and a counter claim for damages will be issued. We believe your Clients instructed the new representative, from different solicitors, who attended Court.

This matter is now closed and all further correspondence in this matter is now closed, any further contact made by you or your clients will be considered as Harassment and action will be taken to remedy this.

As you are supposed to be acting in the interests of your clients, it would be advisable to give them the appropriate advice in light of the above comments and the Court orders.

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they have written today to again confirm that we owe money on the agreement, they are requesting repayment proposals, they also have stated as there was no formal decision on the account, they will re-issue the claim, they do not consider this as abuse of process.

 

they will be writing back to confirm in the near future via court ---- CAN THEY DO THIS - DEFECTIVE DN ON WHICH ACC WAS TERMINATED - THEN FAILED TO FOLLOW COURT ORDERS - STRUCK OUT AND COSTS AWARDED TO US FOR THEIE BEHAVIOUR - NOW THIS THREAT

 

ALL HELP AAPRECIATED

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  • 4 weeks later...

Hi Vjohn yes they paid up, after advice from the CAG, was to write to the solicitors and give them 3 days to pay up or send in the enforcement through the High Court, they are now adamant that, their client is going to have the claim relisted for another hearing and they are waiting for instructions.

 

They are a joke, and been told so, I have also informed them, that their actions and threat are and will be considered as abuse of process and res judicata, I made a donation to CAG for all the excellent help too.

 

I could never had fought this alone without this website and the many good people who afford genuine and honest advice to the end.

 

THANK YOU ALL

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