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    • @Man in the middle I've been searching the forum and you seem very knowledgeable. Would you mind giving a look at my query please? Thanks in advance!!
    • Thanks for this! I'm still not clear if I'm facing more than 6 points on my license though. Can you explain any further please? When I accept the 2nd speeding ticket, will they just charge me £100 and 3 points, or will they be more severe concenquences since that offense took place the following day of the 1st offense? Similarly, when I accept the 3rd offense, will they look at my record or just charge me with the £100 fine and 3 points?
    • Yes of course. That's why it says cc:: BIg Motoring World at the bottom. Don't imagine that this solves the issue. It doesn't. He not have to force the finance company and big motoring world to accept the rejection to give your money back. I suggest that you get the letter off tomorrow. And let us know what you hear but on Friday you should then send a threat to the finance company.   Have a look what I have said here about your options and read the whole thread as well.  
    • Been perusing the actual figures on the polls above wondering where the '16% claimed for deform comes from? I understand that there are 'weighted' end results based on secret calculations ...   Probably going to repeat this later, but remember that the ukip/brexit/reform/deform party has ALWAYS had poll speculation FAR better than their actual  performance at elections - by large margins. SO: The labor and Tory votes come largely from simply the people who say they will vote for them - sorted Lab 43% Tory 20%, with maybe another small 1-2% coming from the weightings of the 'not sures' Greens largely get what is declared from 'other' , although with another declared green bit from the 'pressed' question   So as the share of the voting displayed in 'other' granted to reform/deform is around 11%, where does the '16% too often being reported come from? Seems that reform has been granted as beneficiary of effectively ALL the don't knows and wont says, who when pressed didn't actually declare for someone else ... effectively adding 40%+ to their reported polling % - rather strange given their consistent under-performance compared to polling - or perhaps that is the cause of the higher rating eh?   Now I admit the possibility (probability?) of wingers being ashamed of declaring their support for the yuckey lemon end of the spectrum ... but surely  that should affect the 'Torys as well? Maybe the statisticians have simply weighted in that deform wingers are simply more likely to lie?   But - without 'weightings' and assumptions that faragits will get everything that isnt declared as a definite and unequivocal 'not that Piers Morgan' - reform is on around 11% it seems.   Add to that the history of polling a lot less than the hype - and the simple fact that faragit wingers seem to be spread across the country (presumably skulking in their moms spare room despite being 45+) and greens and lib dems seem to be community minded - I think two seats will be an epic result for farage. Hardly the opposition - far more raving wingnut party.   and importantly - Has farage got a home in clacton yet?
    • "as I have no tools available to merge documents, unless you can suggest any free ones that will perform offline merges without watermarking" (which you don't) ... but ok please upload the documents and we'll go from there
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    • 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.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • 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
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A guide to Charging Orders & Orders for Sale


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Hi please could any one help on this.

CSA CHILD SUPPORT AGENCY are applying for a Charging Order on our house.

 

The house was purchased approx 2 1/2 years ago and bought in my name solely, but for both my partner and I, at the time we had one child - we now have 2 little boys aged 3 and 6.

 

I have one child with a previous partner and this is the CSA case. My daughter is now 9.

 

It is complicated in that my ex partner is married to my present partners ex boyfriend.

 

I have been disallowed access or the likes by my ex since my daughter was 3.

 

Albeit right or wrong i have not paid maintenance for this reason. They are now saying I owe £10500

 

My present partner paid £10K into the property when we bought it but is not named on the mortgage as she had a CCJ and could not be put onto the mortgage at the time.

 

Are we about to lose our house and become homeless with 2 children.

 

My partner works part time and I look after our children.

 

Many thanks for taking the time to read this post and I hope someone may be able to help.

Edited by bathspray
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Well I've got my hearing on Wednesday 2pm (see other thread)

 

I am, I hope, at least going to be able to get an opinion from the judge as to whether it is fair that an unsecured CC debt with mega interest can be turned into a secured debt and in particular for the full amount.

 

 

 

 

How did this go cbr600f???

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In my CO hearing the judge basically agreed that it was unfair but not unlawful for this to happen, particularly after I had mentioned that the creditor had benefited from high rates of interest on the debt.

 

Further when I mentioned about other creditors as to this being unfair to them, she referred to the application and then asked the sol for confirmation that they had informed the other creditors. The sol answered yes (I not if he was telling the truth..) and she then said that the hearing was an opportunity for them to raise their objections and quite simple they hadn't!

 

She then made great pains of saying and confirming with the sol that interest was not being applied to the debt since the original judgment date and that HFC were not seeking a forced sale.

 

Further she said it is now effectively an interest free loan, with no repayments and to be repaid at some FAR point in the future!

Hindsight is wonderful......

 

But now knowledge and advice are life savers:D

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Well I've got my hearing on Wednesday 2pm (see other thread)

 

I am, I hope, at least going to be able to get an opinion from the judge as to whether it is fair that an unsecured CC debt with mega interest can be turned into a secured debt and in particular for the full amount.

 

How did this go cbr600f???

 

Hi Knackered how did it go today, hope it went ok for you & hope to read your write up soon.

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I read somewhere on CAG about the statute of limitations (or something like that) being six years.

 

How does that work with COs?

 

It doesn't as legal action has already been brought.

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  • 3 weeks later...

I know nothing about the level, all I know, that if its a solely owner property then it easier.

 

Post up what you have and I am sure others, with more knowledge will help.

 

CBR

Hindsight is wonderful......

 

But now knowledge and advice are life savers:D

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The situation is confusing around joint properties.

 

A poster on another forum is adamant that full orders can only be applied to soley owned land or property. Others have responded saying that the poster is confused and restrictions are only placed when there is an interim charging order, and that full orders can be placed on jointly owned property.

 

Turning to the land registry website, it does appear that full charging orders can only be used on soley owned properties or properties held in trust for one beneficiary. The language however, is not clear.

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It would be good to know for sure and where exactly to find the information because the Tribunals Courts and Enforcement Act 2007 supposedly allows for a threshold to be set for both charging orders and orders of sale, but according to some, no threshold has been officially set, and others give differing figures of up to £2000.

The courts also seem confused by this.

 

My other question is if there is a set threshold, are there exceptions such as utilities?

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A poster on another forum is adamant that full orders can only be applied to soley owned land or property.

 

I've had hundreds of clients who have had charging orders placed on jointly owned properties. Remember that the charge would only sit on their share of the equity.

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I've had hundreds of clients who have had charging orders placed on jointly owned properties. Remember that the charge would only sit on their share of the equity.

Yes, there was discussion that the status changes from joint tennants to tennants in common to include the party with the Charging Order, once the order is finalised.

 

Do the CO's on your clients properties, show up on the registry as full orders?

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Do the CO's on your clients properties, show up on the registry as full orders?

 

Good question and one to which I don't know the answer to. It's not often they come back to us at that stage - we provide a self-help advice service so most people would deal with things themselves, or get referred on for casework/solicitor support.

 

I'll try and find out for you though!

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Good question and one to which I don't know the answer to. It's not often they come back to us at that stage - we provide a self-help advice service so most people would deal with things themselves, or get referred on for casework/solicitor support.

 

I'll try and find out for you though!

Much appreciated.

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Hi guys

 

Have read the thread with interest(no pun intended) but still have questions :rolleyes:

 

I have a creditor who has a CCJ for a debt of £1800. Judge ordered monthly instalments of £12 as I am on benefits. 1st payment was orderd by 20/03/2010 so standing order set up for 4th of each month.

 

Wed. I get a Notice of Hearing to attend court miles away in 2wks for hearing to consider claimants request for variation order.

 

Today I get the claimants paperwork - they are asking for forthwith judgement and C.O. claiming that the post-judgment contractual interest is increasing the debt and the payments are not reducing it.

 

The agreement does allow for post-judgmental contractual interest at 2% per month. It was for leased equipment for a business venture and regulated under CCA 1974.

 

I have written to court and asked for hearing to be transferred to local court but wont know result of this for week or so I guess.

In the meantime though I need to put a defence together - oh joy!

 

Questions (and forgive me for being dense at times LOL):

 

a) is there case law which prevents contractual interest continuing after award of CO?

 

b) if so, surely I am better to accept the CO than to have ongoing 2% monthly interest?

 

c) if CO in place, do payments continue as well or are they ceased until such times as house is sold?

 

d) shouldn't they have asked for a list of all other creditors to inform them of their intended actions or is this only for secured creditors such as mortgage co etc?

 

I have started a thread here http://www.consumeractiongroup.co.uk/forum/legal-issues/258102-creditor-wants-charging-order.html#post2907016

 

Many thanks for all your help

(she says hopefully LOL )

Edited by mkb
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Hi not been on here for a long time

I've got a mega problem concerning my mother... shes in her sixties and registered disabled

She received a letter 2 years ago saying a charging order was being placed on her property but she never did anything about it. Then yesterday she got a letter from a solicitor saying that they were going to force a sale unless a payment of 17k was made by the 14th of this month.

She doesnt know who the solicitors are acting on behalf of and she is going out of her mind. She's not in the greatest of health and i think the stress of all of this is going to be too much.

Any help and advice would be gratefully appreciated

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Hi not been on here for a long time

I've got a mega problem concerning my mother... shes in her sixties and registered disabled

She received a letter 2 years ago saying a charging order was being placed on her property but she never did anything about it. Then yesterday she got a letter from a solicitor saying that they were going to force a sale unless a payment of 17k was made by the 14th of this month.

She doesnt know who the solicitors are acting on behalf of and she is going out of her mind. She's not in the greatest of health and i think the stress of all of this is going to be too much.

Any help and advice would be gratefully appreciated

 

Hi Mummsy,

 

This needs to be posted in the main legal section as this is a "sticky" now, that is a reference thread rather than a live one.

 

As to your question your mother needs to get hold of some information asap before she can decide the best path to go down. IMO she needs to contact the solicitor and request information about the judgment (claim details and court) they claim to have against here. Then she needs to contact the court involved and ask details of the case.

 

She has a case for setting aside the original claim verdict if she was never told of the case and has a defendable case.

 

Oh and the solicitors HAVE to divulge who they are acting on behalf of.

 

S.

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Hi, I am brand new on here so hope I am in the correct place!

 

A charging order has been put on our property for a debt of £5,035 (originally a £3000 credit card debt) and has since been sold on to another company.

 

This new company is trying to force us to pay this debt and is now threatening to do an attachment of earnings on my husbands wages to get their money.

 

We have other debts with payment agreements for £1 per month, several times over and are barely making ends meet.

 

We have offered, via the CAB to pay £5 per month off this debt which they refused. We have however asked on 2 occasions for the bank details so that we can make payments to the solicitor anyway. They have never been sent and we have now had a letter informing us we haven't kept up our agreement (they wouldn't make one with us) so they are going to get an attachment of earnings.

 

Can they do this?

 

Thanks so much in advance.

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hi there,

i offically divorced but financially we havent been agreed with anything.the house is sole my ex husbands name and he got lots of debts,they are already started to puting charges in the house and my solicitor cant do anything about it.

is there anything i can do about it...my ex husband and i r more likely enemies to each other and he wont help me with this matter.i am paying the mortage and mortage and house only his sole name and also his debts.but how to stop debts to putting the charges in the house

any help any advice is great

thanks

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Hi, I am brand new on here so hope I am in the correct place!

 

A charging order has been put on our property for a debt of £5,035 (originally a £3000 credit card debt) and has since been sold on to another company.

 

This new company is trying to force us to pay this debt and is now threatening to do an attachment of earnings on my husbands wages to get their money.

 

We have other debts with payment agreements for £1 per month, several times over and are barely making ends meet.

 

We have offered, via the CAB to pay £5 per month off this debt which they refused. We have however asked on 2 occasions for the bank details so that we can make payments to the solicitor anyway. They have never been sent and we have now had a letter informing us we haven't kept up our agreement (they wouldn't make one with us) so they are going to get an attachment of earnings.

 

Can they do this?

 

Thanks so much in advance.

 

 

 

I'm afraid that there is nothing to stop them from making an attachment of earnings applicatio as at the end of the day you have a judgment against you and you owe them money! They do not have to accept your offer of £5 per month especially if it is a large debt.

 

Try and increase your payment offer. If the do make the application try and get the attachment order suspended so it is not made a full order.

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