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    • That explains it then. MET's fantasy is that it's a pay car park.  You're only let off paying if you are a Starbucks customer which you can't be when Starbucks is closed.  'Cos otherwise lots of people would abuse the car park facilities on the far edge of the Stansted Airport area in the middle of nowhere to ... admire the bushes?  Look at the cloudy sky? The important thing is that we have around 140 cases for this site, and MET have only tried court seven times.  Even then, they had no intention of getting as far as a hearing, they were attempting to intimidate the motorists into paying, when the Caggers defended the cases MET discontinued.
    • She's an only child and he as a brother and sister. He has no will and we have done a check on this to find out if he had left one and nothing has come up. He has savings of around 28k His sister and brother are well off so 28k is nothing to them and aren't interested in his money. This just leaves my wife/his daughter. Would this still need to go to probate there is no estate e.g house or business to sell and the amount left in his bank is just small? When his wife died they just closed her bank account and moved her money across to his account and we just assumed that once my wife has handed in the death certificate and shown evidence of who she is the same would apply to her? We don't know yet the council have only just written to us today with a guide of what to do next.  
    • Did your FiL leave a Will and if so who is the Executor? Strictly speaking banks could refuse to take instructions until Probate is granted but In practice I would expect the bank to take instructions to cancel the DD if the Executor presents the death certificate and a certified copy of the Will
    • Hi   Sorry I probably wasn't clear enough. He had lived in the flat until December 2022 with Dementia by this time it was unsafe for him to have capacity to live on his own and he had to move into a nursing home. We had left it too late to apply for power of attorney so approached a solicitor in March last year for Deputyship. We were still in the process of dealing with it by May 2024. He passed away a few weeks ago and the solicitor was contacted to halt the application and we will just pay the fees of what work he has done up until now. My wife was the named person on her dads bank account but we didn't have the ability to alter any direct debits hence the reasons for applying for Deputyship as we were having problems trying to stop some payments coming out of his account Eon being another difficult company. We kept his flat on from December 2022 - August 2023. it was at this point I contacted Sancutary housing to inform them he was no longer living in the flat, it had been cleared out and was ready for a new tenant and that he had Dementia and had moved into a nursing home December 2022 and explained the reasons why we kept it on. As the named person to speak on his behalf I asked them what proof they needed in order to give notice on the flat e.g proof of dementia and proof that he was living in a nursing home and anything else they wanted. The lady in the upstairs flat and some of the other residence in the street had asked about him and we had told them he had moved into a nursing home. The lady in the upstairs flat wanted his flat for medical reasons so asked us once we had given notice could be let her know and she'll ask them if she can have it. We explained the difficulties and it was left at that but I did tell her I would let her know once notice was given. I contacted the company by email a number of times and also telephone conversations and nobody followed it up and it wasn't till the end of February this year that the housing manager for the area wrote to our home address to ask about him that he had been to the flat a couple of times and nobody answered and he had asked some of the residence in the street and they hadn't seen him for sometime. There was an email address on the letter so I contacted him and copied in the last 2 emails I sent Sanctuary regarding me wanting to give notice on the flat for at least 9 months explaining that it went ignored as well as telephone calls. I also stated I wanted to have his rent payments returned from the date I wanted to give notice which was from August 2023 as the bank wouldn't let us stop the DD without POT or deputyship explaining we were in the process of Deputyship. He gave some excuse about not having POT to cancel on his behalf and spoke to someone in HR and said he would contact the nursing home to confirm he was there with Dementia and if it all checks out we can give notice on the flat which came to an end on the 22 March 2024. There was not mention of back payments for the rent already paid or the fact I had asked to give notice in August 2023. Despite someone living in the flat from 1st April they continue to take DD payments for the flat and have taken another 2 payments of £501. another concerning thing despite Eon not allowing us to cancel the DD to his account the lady upstairs informed Eon that she was moving into the flat February 2024 and Eon refunding the account to his bank and said in an email sorry you are leaving us and canceled his account. Something they wouldn't let us do but a stranger. She also changed her bank account to his address despite the fact notice hadn't been given on the flat yet. So we need to find out how much information Sanctuary actually had for her to tell her power company she was moving into the flat in February despite the housing manager only just getting in contact to find out where he was. So a complaint is going into Eon and Sanctuary and we are going to take advice and ask the bank to charge back the rent. My wife hasn't taken the death certificate to the bank yet to inform them of his passing.  
    • Yes, I believe the Starbucks was closed at the time the car was parked there 
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Natwest/Shoosmiths Court Action


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Sorry another question for anyone who can help.... At the court hearings previously they had not applied for interest to be added to the judgement, can they now go for this and how would I know if they are doing so? I cant see anything about it in the paperwork the solicitors have sent me, I just want to make sure I am looking in the right places. If interest at 8% was added we would never pay it off the 150 per month wouldnt even cover the interest :(

 

I have been reading online on a few websites and most appear to give the impression that that if the debt is regulated by the CCA they cannot add more interest, am I reading this correctly?

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I have been reading online on a few websites and most appear to give the impression that that if the debt is regulated by the CCA they cannot add more interest, am I reading this correctly?

 

They cannot add statutory interest at all.

 

Post judgment contractual interest has to accrue separately from the judgment (they cannot re-sue for it either)

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Sorry I am a little confused still what is post judgement contractual interest? They did not include statuatory interest in their original claim, so does this mean they cannot get it at charging order hearing now? Apologies if I am being a little silly had hardly any sleep last night thanks to two poorly children. :)

 

... Re-read your post again Sequenci, do you mean interest in accordance with the original agreement? If so, at the beginning of the loan term all the interest was lumped into it and a total amount for the whole 10 years including interest was the starting balance. Therefore, the amount included the interest due until the end of the loan term which would have been May 2015. So how would this work?

Edited by stressed2009
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  • 2 weeks later...

How should I format a document asking for conditions be attached to the charging order, I have been trying to do this all day. Should it be a WS or just a letter. Also, any ideas on what to put would be appreciated. I have been reading lots of threads in the hope of finding someone elses to give me some ideas on how to put it but havent found any yet?

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Any request for conditions or variations must be made via an application notice (N245)

 

Andy

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I have written a letter ready to send off with my objections to the charging order being made final at the court hearing next week. Can I ask the judge at the hearing if I am unsuccessful in objecting the charge to apply conditions?

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Absolutley,

It might be worth seeing if any of your other creditors are willing to object to the Charging Order being made final especially if there are any who are owed significantly more than the original creditor. Alternatively you may well find that you have grounds to object to the charging order being made final. Any arguments that you wish to raise need to be filed with the court and the creditor at least 7 days prior to the Final Charging Order Hearing (CPR 73.8).

 

Regards

 

Andy

We could do with some help from you.

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Well, as I expected they got the charging order

none of my points opposing it was enough to stop it according to the judge.

 

To be honest it is what I expected so am not surprised at that.

Although am waiting for the court paperwork to come through to check it says on there that no order of sale to be granted while payments are maintained.

 

The judge said this wasnt necessary due to the previous court hearing saying that the only form of further action they were only allowed to take was to apply for a charging order.

 

It got a bit muddled towards the end as I didnt agree with the amount outstanding on the paperwork as the amount he was saying was outstanding was the amount outstanding back in December when they made the application, I have made 4 further payments since then.

 

The judge refused to adjourn the hearing sending us out to agree a figure and telling him to call his office.

I assumed we would be going back in but we didnt so I feel a little confused.

  • Confused 1
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Hi Stressed,

Well done for trying at court. I have taken interest in these C/O cases, and the courts seem to apply them, no what the arguments .

I think you will back to the payments originally given.

Makes me sick, that creditors manipulate the system to there own ends. Consumer credit changed secured, through loop holes in the law.Things need to change as this C/O route isn't right. Seen the arguments that C/O are better than Brctcy.Rubbish IMO, consumer debt should not be subject to either, only in extreme cases.

Sorry to rant,but the more I see on this and other forums the more angry I am about the court system in our country.

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I think both bankruptcy action and charging orders are legitimate enforcement tools when used within reason. The problem we have is with the creditors using these options for debts of a reletively small amount (in the grand scheme of things).

 

I'm sorry to hear that things didn't go your way in the hearing Stressed. Did the judge agree to conditions to the charge, such as no rights for an order for sale?

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I am not sure he said there is no need for them due to previous orders wording and then it all got a little confused as we disagreed on figures. I thought we would go out to give their sol a chance to phone office confirm the amount outstanding then we would go back in but no court usher took the amount we agreed on and that was that. So now guessing I have to wait for court order to come thru.

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  • 2 weeks later...

Well, I am even more confused now the final charging order notification from the court has turned up....

 

It says... Upon hearing the solicitor for the claimant

and the court orders that

1. The charge be created by the order made on the XX April 2010 shall continue as modified by this order. - we had a variation hearing in June 2010 so surely this overrode the order made in April 2010 which granted us payments at XX per month, the order in april was forthwith judgement so now what does this mean?!

2. The interest of the judgment debtor XXXXX in the asset descibed in the schedule below stand charged with ..... - there is only my name on both my partner and my notifications from the court

3. The costs are to be added to this judgment debt.

 

Despite both myself AND the solicitor for them asking that a condition should be put in place that no sale as long as we keep up with the payments the judge refused this and said it wasnt necessary?!?!?!?!

Edited by stressed2009
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Stressed, can you post up or type out the orders of April/June /2010 verbatim.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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Hi Andy

I will type up the exact wording for the April order when i get home later this afternoon but it said something similar to 'the court orders that the sum of XXXX be payable forthwith.'

We then submitted the form for variation and had the hearing in June 2010, when the judge ordered that

"1. The judgement order made herein on the XX XXX 2010 is varied to privide that the balance of the judgement debt be repaid at the rate of XXX per calander month first payment by XX XXXXX 2010.

2. Notwithstanding paragraph 1 of this order the claimant have permission to apply for a charging order in order to secure the debt, if so advised."

 

Thanks

Stressed2009

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