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    • Moomoo11
      Overdales / Lowell - Capital One? Claim Form Recieved

      By Moomoo11 · Posted

      Thanx Londoneill get on to it this evening having a read around these forums I can’t seem to find many success stories using your methods. So how successful are these methods or am I just buying time for him  and a ccj will be inevitable in the end. Thanks another question is, will he have to appear at court..? I am not sure he has got it in him
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      Here's a suggested modified version for consideration by the team. (Not sure whether it still gives too much away?)   RE: PCN 4xxxxx Dear ALLIANCE PARKING Litigation Dept, Thank you for your dubious Letter Of Claim (dated 29th April 2024) of £100 for just 2 minutes of overstay. The family rolled around on the floor in amazement of the idea you actually think they’d accept this nonsense, let alone being confused over the extra unlawful £70 you added. Shall we raise the related VAT issue with HMRC, or perhaps the custodians of the unicorn grain silos? Apart from the serious GDPR breach you’ve made with the DVLA and your complete failure in identifying the driver, we’re dumbfounded that the PCN is still not compliant with the PoFA (2012 Schedule 4 Under Section 9.2.f) even after 12 years of pathetic trial and error. We also doubt a judge would be very impressed at your bone idleness and lack of due diligence regarding parking periods. Especially with no consideration of section 13 in your own trade association's code of practice and the topological nature of the Cornish landscape versus a traditional multi-storey. And don’t even get us started on the invisible signage during the ultra busy bank holiday carnage, that is otherwise known as the random parking chaos in the several unmarked, unmanaged over-spill fields, or indeed the tedious “frustration of contract” attempting to get a data connection to Justpark.  We suggest your clients drop this extreme foolishness or get an absolute hammering in court. We are more than ready to raise the above issues and more, with a fair minded judge, who will most likely laugh your clients out in less time than it takes to capture a couple of useless ANPR photos. If you insist on continuing this stupid, money grabbing quest, after having all of the above pointed out, we will of course show this letter to the Judge and request “an unreasonable costs order” under CPR 27.14.2.g and put it toward future taxis to Harlyn Bay instead.  We all look forward to your clients' deafening silence. Signed, "Spot". (Vehicle Keeper's pet Dalmation).
    • London1971
      Overdales / Lowell - Capital One? Claim Form Recieved

      By London1971 · Posted

      Paying DCA's one penny, never mind £50 per month is a mugs game, they have really been milking him as a cash cow   See where received a claim form is underlined in your post, you need to click, on that and read carefully, then answer the questions, then copy and paste into a post on this thread Forget the CAB ,  their advice is sometimes weird. Is it worth defending? Lowell brought these debts for 10 p in the pound , years ago, because they are flawed. Think about it! if it was such an easy win, Capital one could have taken it to court and crushed him.  It could be an invalid agreement, default notice, or many other things. In a nutshell , yes, and we can help you.
    • fkofilee
      Problem with The Sims on Macbook

      By fkofilee · Posted

      Origin moved to EA App... I know this all too well.  Reach out to Customer Services I would to see what they can do. 
    • fkofilee
      Overdales / Lowell - Capital One? Claim Form Recieved

      By fkofilee · Posted

      Welcome - One of the team will take a look shortly

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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

A guide to Charging Orders & Orders for Sale

sequenci

By sequenci
in Financial Legal Issues

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cymruambyth

cymruambyth

Posted
Posted

I have received a letter of confirmation of payment plan for a CCJ that states:

'in order to secure their position with regard to your outstanding balance, we intend to proceed with an Application for a CO. However once we have obtained this no further enforcement action will be taken against you, as long as you pay on time'

they also state that they will review the account regularly including interst rates and monthly payments.

Any comments gratefully received!

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sequenci
sequenci

Charging Orders   A Charging Order is an order which secures a money judgment against the judgment debtor’s property or interest in a property. Creditors usually apply for Charging Orders as t

sequenci

sequenci

Posted
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Posted
I have received a letter of confirmation of payment plan for a CCJ that states:

'in order to secure their position with regard to your outstanding balance, we intend to proceed with an Application for a CO. However once we have obtained this no further enforcement action will be taken against you, as long as you pay on time'

they also state that they will review the account regularly including interst rates and monthly payments.

Any comments gratefully received!

 

Was it the court that has set the instalment arrangement?

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Undercover-Elsa

Undercover-Elsa

Posted
Posted

Is it not possible to apply directly to Court for a variation order to pay by instalments? That way they can't apply for a CO unless you fail to pay or they convince the judge that it's an unreasonable offer?

Also, afaik they can't review interest..Sequenci will know...

 

Elsa x

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sequenci

sequenci

Posted
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If the instalments have been made as part of the court order you will be able to challenge their ability to secure a charging order against your property. They should only be able to do this if you have defaulted on the instalment order, my guide in the very first post of this long thread explains a bit more. You should always challenge any potential applications.

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butts

butts

Posted
Posted

The problem (and a weakness in the system) is if a CCJ is awarded by the Auto-Court in Northampton it will be set at some ridiculous level that you can't afford.

 

If you are unable to make the first payment and it becomes due BEFORE your Redetermination Hearing at your local CC (the transfer often takes a while) you are in

 

default and they can apply for an interim charging order before the redetermination hearing has taken place.

 

Hence you'll have what happened to me a "double whammy" when the Redetermination and CO hearings are combined with an almost guaranteed Charging Order.

 

If only I could have scraped the cash together to make the first payment on the order from Northampton I would have had time to have the redetermination hearing before they could apply for an interim CO and get an installment order like I did on another one. This is set at a level you can afford to pay not the "Mickey Mouse" figures the auto court dishes out and of course if you make the payments they will struggle to get a CO.

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diddydicky

diddydicky

Posted
Posted
If the instalments have been made as part of the court order you will be able to challenge their ability to secure a charging order against your property. They should only be able to do this if you have defaulted on the instalment order, my guide in the very first post of this long thread explains a bit more. You should always challenge any potential applications.

 

you should see my new thread

 

Charging orders- a salutory lesson

 

- posted today

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tifo

tifo

Posted
Posted
Hence you'll have what happened to me a "double whammy" when the Redetermination and CO hearings are combined with an almost guaranteed Charging Order.

 

This happened to me. The hearing was about how much I should pay per month and the final CO and they already had an interim charging order.

 

Their agency rep came and said he has no instructions about making a payment arrangement and is there for the CO only. Judge said OK, there you are.

 

They then threatened a Sale unless I paid (or borrowed to pay) the balance. They even put me in touch with a loan company.

 

Nearly 6 years now and they haven't done anything, though this last year they have been passing it to various DCAs for collection (they're a DCA themselves). Maybe because they know that soon it will fall off the credit records and they'll then have to show why they haven't been paid (or taken any action) in the 6 years.

 

By the way, I haven't avoided paying any instalments, after the CO they wanted much (10x) more than I could afford. And they took it to a CO even though I was paying my agreed instalments after the CCJ.

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sequenci

sequenci

Posted
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you should see my new thread

 

Charging orders- a salutory lesson

 

- posted today

 

I can't find it. Can you post a link? :)

 

Edit, just found it.

 

I'm sorry to learn your news, that's awful! I hope you can get recourse.

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cymruambyth

cymruambyth

Posted
Posted
If the instalments have been made as part of the court order you will be able to challenge their ability to secure a charging order against your property. They should only be able to do this if you have defaulted on the instalment order, my guide in the very first post of this long thread explains a bit more. You should always challenge any potential applications.

 

Installments are not part of a court order, they are the agreement that the DJ hoped we could reach (but failed to state this in his judgement). Thisagreement was dated before the date the full sum had to be paid. The court had a copy of the letter and said it would be sufficient.

Is it worth sending a copy of the letter as an attachment for redetermination or some other order or will it be too late?

I hope to challenge any and everything (not that it seems to do much good where I live!)

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Undercover-Elsa

Undercover-Elsa

Posted
Posted

Hi,

Seems to me that you need to get the court to formalise the instalments agreed, otherwise these guys can just keep moving the goalposts and wave the threat of a CO at you constantly to make you up your payments.

I'm also concerned about their statement re reviewing interest. They can't do this! Have a look at the post judgement interest link in Seq's signature.

If Sequenci isn't around today to confirm the procedure, I would contact the court today, explain that the judge informally confirmed that your instalment offer was acceptable but that you are concerned that the creditors are stating it will be regularly reviewed and varied under threat of a Charging Order. Ask what you need to do in order to get the agreed instalments ordered by court. (I understand some court staff may be more helpful than others).

Re the interest - did they include this on the POC (either Statutory or Contractual) and was it allowed in the judgement?

Might be helpful to post up the POC & judgement for more help.

Sorry I can't be more help..I'm still learning :oops:

Hope you can sort it out cym,

 

Elsa x

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OldGeezer

OldGeezer

Posted
Posted

Hi i have a charging order against me.

 

Yesterday i received a copy of the final charging order from restons solicitors

 

They are also asking for a list of my debts and confirmation of settlement of my debt threateneing to go back to court if this information is not supplied in the next seven days.

 

Can anyone explain how they can do this

 

Thanks

OldGezzer

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OldGeezer

OldGeezer

Posted
Posted
They can make an application for an Order to sell the property.

 

Is it jointly owned?

Do you have children living there?

Did you attend the CO hearing?

 

Yes its jointly owned

My son who is 28

I did attend the hearing

 

Thanks for the reply

OldGezzer

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sequenci

sequenci

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Yes its jointly owned

My son who is 28

I did attend the hearing

 

Thanks for the reply

OldGezzer

 

You should make an application to vary the terms of the charging order to request that no further action can be brought in relation it providing you pay a small instalment to the creditor each month.

 

The form you need to complete is n245, the fee for the application is £35.

 

This would prevent the other party being able to successfully obtain an order for sale unless you default on the instalments.

 

Is there equity in the property?

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OldGeezer

OldGeezer

Posted
Posted
You should make an application to vary the terms of the charging order to request that no further action can be brought in relation it providing you pay a small instalment to the creditor each month.

 

The form you need to complete is n245, the fee for the application is £35.

 

This would prevent the other party being able to successfully obtain an order for sale unless you default on the instalments.

 

Is there equity in the property?

 

I told the judge at the hearing that i would be in a position to pay in full in June this year as a way to cancel the charging order with no luck of course.

 

He told me that was the end of the matter and that interest could not be added.

 

Yes there is equity the debt is under 2K

 

What about restons and their letter ?

 

Appreciate your help

OldGezzer

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the_shadow

the_shadow

Posted
Posted
I told the judge at the hearing that i would be in a position to pay in full in June this year as a way to cancel the charging order with no luck of course.

 

He told me that was the end of the matter and that interest could not be added.

 

Yes there is equity the debt is under 2K

 

What about restons and their letter ?

 

Appreciate your help

OldGezzer

 

Less than 2k!!! I feel they are chancing there arm here... I cant see a judge granting a sale order over so little an amount... Sequenci can offer better advice than me however so await his more valued opinion and advice.

 

Edit: Thinking about it, havent new guidelines come out indicating that debts less than 25k cant be made into sale orders.. or did I just dream it up...

 

S.

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the_shadow

the_shadow

Posted
Posted

Edit: Thinking about it, havent new guidelines come out indicating that debts less than 25k cant be made into sale orders.. or did I just dream it up...

 

S.

 

I can find nothing to back this up other than a MoJ consultation paper and the fact con/libdem manifesto promises... so take with a pinch of salt at present.

 

S.

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diddydicky

diddydicky

Posted
Posted

orders for sale are VERY rare and the more equity there is in the property- in comparrison to the amount in the judgement- the LESS likely it is that a judge will grant an order for sale- even in these rare cases

 

i could not forsee a judge EVER granting an order for sale for a £2K debt on a house with say £20K or more equity in it!!

 

in any event- one would imagine that even with a poor credit record- if you have plenty of equity and you got stuck- your first mortage lender would assist you in clearing the debt- the more so if you are asking for a "bridging loan" for 6 months

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OldGeezer

OldGeezer

Posted
Posted
orders for sale are VERY rare and the more equity there is in the property- in comparrison to the amount in the judgement- the LESS likely it is that a judge will grant an order for sale- even in these rare cases

 

i could not forsee a judge EVER granting an order for sale for a £2K debt on a house with say £20K or more equity in it!!

 

in any event- one would imagine that even with a poor credit record- if you have plenty of equity and you got stuck- your first mortage lender would assist you in clearing the debt- the more so if you are asking for a "bridging loan" for 6 months

 

Thanks for the reply, equity £175K

 

What about their letter ?

 

OldGezzer

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