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    • I was obviously clutching at straws on that one! I was putting the repeal together with the information below and considering that as I hadn't heard from the council for over 3 years that this might mean the charge / restriction was not now being pursued, particularly as the SAR disclosure did not show any entry for me from the Finance Dept. I fear I'm back to square one now.   After 1 April 2015 a Local Authority will only be able to recover unpaid care home fees by securing a judgment debt either in the County Court or the High Court (s69(1) of the Act).and The Act increases the time limit for the recovery of a debt comprising of unpaid care home fees from three years to six years from the date the sum becomes due      
    • Absolutely: The Homicide Act was repealed. So, after that they could no longer charge people for murder under the Homicide Act. (Not the greatest of examples, I accept, given murderers just get charged with murder being against the common law- but my point is:)   You can no longer be charged with Murder contrary to the homicide act. That doesn’t mean that those serving sentences for murder contrary to the Homicide Act, having been found guilty, had to be released the day the law was repealed.   Charges / restrictions couldn’t be placed under the repealed legislation (without e.g. a CCJ) once the Act was repealed. The repeal doesn’t mean existing charges / restrictions in force at the day of repeal have to be removed.
    • BazzaS Ah - now that complicates things - just when I thought I'd got my head round it!   I did think b] might be a source of worry for the purchaser. They have just instructed their solicitor yesterday but I haven't found one yet, preliminary enquiries didn't result in any clarity on the questions I posed. a] where do I find a CS who understands this and can share their knowledge with the buyer's CS?   I've no idea what the outstanding balance is as the council has not been in touch. I appealed many years ago and it wasn't resolved. I did do a SAR with the council and nothing came back from the Finance dept. so I was hoping my appeal had been accepted and the debt 'wiped' but they hadn't bothered to contact me. There were lots of changes up to the new Care Act 2014 which came into force on 01.04.15    Repeal: I was relying on the meaning below? Hence again I thought that's why the council hadn't pursued the debt and was just leaving the CO [or restriction] on the register to keep me on my toes!   If a government repeals a law, it causes that law no longer to have any legal force.   Thanks
    • The issue is 2-fold (both related to perceived risk, in a very risk-averse profession): a) will you find a conveyancer who will agree and follow that they needn't worry, and just notify once sold, and b) buyer's wil be put off if their conveyancer says "well, there is a risk".....   The combination of these may be that unless you get very lucky, you'll only get interest in a sale if an undertaking to settle the outstanding sum is made.   As for the repeal : I imaging that it will prevent new charges / restrictions from when it came into force, not revoke pre-existing ones.
    • I have held a Credit Card with Natwest for over 30 years and in the last 6 months or so, I have not used it.     The card is due to expire in a couple of months and I  have had a letter asking whether I still needed a Credit Card.  And that if I did not contact them within a month, they would close the account.  In order to keep the account, apparently I have to phone them to ask them to issue another card on the expiry of the current one .   I have always maintained a Credit Card, just in case of emergencies and if you hire a car for example, they often want details of a Credit Card.   Is this a new policy by Banks ?  First time Natwest have done this.   I have had zero balances near to card expiry dates before and they have not done this.   And this is a warning note to others, that you should never ignore letters from your Bank, thinking it is just advertising information on their services.  Otherwise you may find that the Credit Card  account you thought that you  had, has been cancelled.     
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Guest suziedarkness

CCJ - I Never knew!!

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Guest suziedarkness

I really dont know what I can do about this, if anything, and would really appreciate some advice.

 

To cut a long story short, my home was repo'd in 2007 leaving a shortfall on 2 further secured loans.

 

There were issues with these loans for miselling ppi, fees etc and so I went through the motions of getting SAR etc.

 

Now the agreement was toilet paper as far I was concerned as it does not appear to have all prescribed terms etc, then there was issue of ppi misselling, secret commissions etc so I went to see a solicitor.

 

After weeks and weeks of trying to get answers, he said that we could challenge it but would need a Barrister and this would cost £XXXXX which I didnt have. To be honest, I wasnt very confident in him but he was the only once I could find in a reasonable distance. Other than that, it meant going to one of these claim farmers which I did not want to do.

 

I was still trying to get info from the loan company as they had failed to supply all the info I requested.

 

Anyhow I just went into cancel a monthly charge for a CRA when I have noticed that they have already taken me to court and I have a CCJ for lots of money back in May.

 

I never knew anything about this. I moved house back in March and to be fair, I did not let then know my address as I did not want to stir up the nest so to speak, but my ex husband has had nothing either.

 

As there were issues with the agreement, is there anything I can do about this, can I appeal or something? or is it too late.

 

I have recently lost my job and I just dont know what to do.

 

Suzie

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Hi Suz....if you can prove that you had moved house when the CCJ was issued you would get it set aside pretty easily....


PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

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Guest suziedarkness

Thankyou 42man, how do I go about that?

 

Suzie

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There have quite a few others on CAG who have done this, i'll see if I can find the threads Suz.....this is the process here - Removal of CCJ's - Step by step guide to the process


PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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Guest suziedarkness

Thankyou, you are a star!! :)

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Guest suziedarkness

I have downloaded the form N244 and will send it off tomorrow. I cant believe that I have to pay a fee £75 :eek: what chance have us poor people got!!

 

I read on the internet that a change of address is not a good reason to ask to get it set aside, i am hoping my comments about me believing the contract to have some serious flaws maybe.

 

What should I expect from this process, will I have to go to court to get it set aside?

 

I am really worried about this, any help greatly appreciated.

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Hi Suzi,

 

Depending on your financial circs you may not have to pay the £75... have you checked on the National Debtline Website?

 

You may well have to go to court for the set aside but it will depend on the response of the claimant I believe... but if you do it should only be a short hearing as the judgement was given by default as you had not received the claim.

 

Spam:)


[sIGPIC][/sIGPIC]

'Simples.' ;)

 

Any advice I offer is probably useless but there may be little nuggets of gold in there somewhere......If I have helped in any way, be it with knowledge or by giving your chuckle muscle some exercise please feel free to tip my scales....:-D

 

 

They say money talks......mine just keeps saying "Goodbye"

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Hi, This link gives more detail with regards to who is eligible to have fee remissions.

National Debtline England & Wales | Debt Advice | Factsheet 12 How To Set Aside A Judgment In The County Court

 

Spam.:)


[sIGPIC][/sIGPIC]

'Simples.' ;)

 

Any advice I offer is probably useless but there may be little nuggets of gold in there somewhere......If I have helped in any way, be it with knowledge or by giving your chuckle muscle some exercise please feel free to tip my scales....:-D

 

 

They say money talks......mine just keeps saying "Goodbye"

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Guest suziedarkness

Thanks spam :-)

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Hi suzied,

 

It would be advisable to attend the court hearing.

 

I know that most people are very scared about attending court; but please do read the thread below as it is nothing like the tv programme "Crown Court" -

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/108467-basic-introduction-consumer-credit.html


 

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Any advice & opinions given by supasnooper are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability.

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