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    • You couldn't make it up TJ
    • Ok thanks for sharing. Sorry to ask all these questions, just trying to unlearn things I had been told previously.   I've found examples on these forums of people that find CCJs against them when overseas for small debts as they didnt defend due to claims sent to their UK address which they then need to set aside.   This seems to contradict what you are telling me (I'm not implying you're wrong) that a DCA has zero powers. How do people end up having CCJ's form these companies?   Thanks as always
    • Hi All,   I would really appreciate any help in this. I want to stop paying this and am wondering if I need to offer F&F or if I am good just stop paying. A few details first:   1.DMP with StepChange started circa 2010 2.Have been paying every month since 3.Want to stop paying/clear as want a new mortgage in the next 9 months or so 4. None are currently showing on my credit file   And the finer detail:     * = these were on my credit file until recently. I complained stating that they should have been defaulted as it was unfair. They have stopped reporting now - but werent able to add a retrospective default date.   I havent made any enquiries about CCA's etc. I want to just stop paying but also cant have any of them appearing on my credit file as need another mortgage etc. I understand most will likely not have a CCA but there is one overdraft related entry so not sure what to do about that one. Also I think they could CCJ but can they start reporting again - I know the ones with a default date cant but can the others?   Hopefully thats enough info. Would really appreciate your excellent guidance   Many thanks    
    • This sites getting less and less accessible every week   Got my vaccination invite over weekend   despite living on the edge of a large town with a number of other large towns just a few miles away in various directions, and a 'university' city only 8 miles away, nearest center with any vaccines is about a 10 mile drive away in a small village. Interesting that the maps link showing you the locations for my nearest (sic) vaccination points are wrong - this is from the NHS vaccine booking site.   Once you have selected a location to see when vaccinations are available, it also wont let you go back to select another location, and if you just close the page down (without booking) and open the site again and put in your identification data, its gives you a 'you have failed to attend and will have to book both appointments again' message - despite not booking anything. - wonder if thats how they've counted 20 million vaccinations?   Checked with 3 local surgeries including my own asking why none of them are an option and two haven't had any vaccines for over a week and haven't even been able to book all their own vulnerable for a vaccine, other has vaccine but is only booking its own priority people   Makes me think the claim of 20 million vaccinated is complete and utter 'Johnson      
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

Aplins/Hillesden Securities Ltd (dlc) claimform - old HBOS Credit Card debt -got CCJ but WON CO Hearing


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this is brilliant thread. Andyorch I tried to pm you as I have a similar lonley thread Re: Imminent Charge on property Lloyds bank Business Loan pse help someone... but very lonley on my thread subbed here but could do with some eyes on mine however it is a business contract. Apologies to Shazza50 for taking up a post on your thread, I am with you however

muffintop

Won Nationwide £900 and £1908 Bank Charges

Lloyds personal account 1,861

Lloyds Bus Account 2k

Abbey bank acc. Stayed 2008

 

CCA requested Barclaycard Nov 08 - n1 issued - GAVE UP

CCA Mbna Nov 08- n1 issued - GAVE UP

Marks and Spencer Money Nov 08 -lost found 2b enforceable.

Tomson Holiday - WON

 

if I help you tip my little scales it gives me a thrill. MT

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I changed the following points into a statement from my husband instead of from me. Hope this helps. I also finished it with the statement of truth.

I sent copies of both to their solicitor.

 

12. My husband xxxx has joint interest in this property and would be prejudiced if a Charging Order is applied to a property for a debt which he does not owe.

 

13. My husband, by virtue of his earning more than I do pays the mortgage.

 

14. If the court awards a Charging Order to the Applicant, I believe that this would prejudice the chance for my husband and I to obtain future beneficial mortgage deals, the inevitable consequence being that our monthly mortgage payments would increase and I would be forced to submit a further application to the court to consider a decrease in the monthly sum payable to xxxx.

 

15. This has been the family home for xx years and I do not anticipate selling it in the future. At present my children all live at home..

Edited by cymruambyth
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Nice one Cmru, I will use bit of this for my defense but Im still stuck as to what to use as the duress defense.

muffintop

Won Nationwide £900 and £1908 Bank Charges

Lloyds personal account 1,861

Lloyds Bus Account 2k

Abbey bank acc. Stayed 2008

 

CCA requested Barclaycard Nov 08 - n1 issued - GAVE UP

CCA Mbna Nov 08- n1 issued - GAVE UP

Marks and Spencer Money Nov 08 -lost found 2b enforceable.

Tomson Holiday - WON

 

if I help you tip my little scales it gives me a thrill. MT

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Ok, just about ready for tomorrow. I have 3 copies of my defence, 3 copies of hubbys statement. Do I need an I & E ? Do I ask the judge if he has received the copy of my defence or wait until he mentions it? God I hope its not the same judge that granted the ccj :scared:

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Hi if you have not already been asked for I/E the judge will ask for it to be

produced if he/she feels it is necessary.

The court management team will have given the judge all he/she needs to have for the case.

The judge does not directly receive the papers in any case they go through court procedure

recording etc so that every thing is before the court at the hearing.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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Shazza the hearing tomorrow is to determine if the ICO becomes a full CO ( or Restriction on 50% of your share)

No monetary values will be discussed (normally) until your raise it and how the ICO has come about.

You must plead your situation the lack of direction (Court) the lack of response (Claimant).

Raise your defence and take copies of your Judgment and your letters re payment inquiry and copies of the Courts response.

 

It may be the same DJ but i would doubt it. Be courteous stand your ground and if there is anything you are unsure of

request it be explained.This is your only chance to have your say and reverse this matter, dont accept anything

you are not happy with.

 

Good luck Im sure you will be fine.

 

Regards

Andy

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Echo> good luck

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Hi good look with your defense.

I hope all goes well.

It's all a bit of a lottery at the moment.

Just remember that even if they manage to obtain a c/o it's only a restriction.http://www.bllaw.co.uk/pdf/financeandrecoveries_0806_charging%20orders%20on%20property.pdf

"Quote"' from eggboxy on this forum.

I corresponded with a Solicitor from the Land Registry and she sent me this reply regarding whether a Restriction can prevent the sale of a property;Received today from LR Solicitor;

 

LAND REGISTRY RESPONSE

 

"The provision of the Certificate mentioned in the Form K restriction means that the registrar is not prevented from proceeding with the application to register a disposition (for example, a transfer or charge) and the registration can proceed.

 

The certificate does not affect the restriction entry. A restriction in Form K may be removed from the register in the following circumstances.

 

Automatic cancellation

 

When a transfer of property is registered (following receipt of the required certificate) the restriction may or may not be automatically cancelled, depending on the circumstances of the transfer. If, for example, the application is to register a transfer by two or more proprietors to a third party for value, the trust interests will be overreached and the form K restriction will usually be cancelled"

 

IMO a restriction is fake security, still has it's problems however so avoid if possible.

I again wish you the very best of luck.

 

Cad

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Got copies of the judgement, the letter I sent to the court and the reply. I just need to put them in order. Going to make notes to myself to remind me of anything else I might need to bring up.

I'll be back tomorrow to let you know how I got on.

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:whoo::whoo::whoo::whoo::whoo::whoo:

CASE DISMISSED.

Nobody turned up for the claiment. The DJ said he had given them enough time to show. The ICO will be revoked and we won't pay the costs.

I didn't even get as far as getting my paperwork out. He did say however that there is no saying they wouldn't try again :(.

He did say he can't understand why they apply for a CO before any offer of payment has been made. He also advised me to get in touch with them with an offer of payment now.

No mention of what was written in my defence only that he had read it, maybe he was embarrassed by the actions of his colleague:lol:.

Thank you all for your help and persuading me that I should go to the hearing.

Edited by Shazza50
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Fantastic news Shazza!!!!

 

So glad you went, betyour life if you didn't they would have !!!

 

Welll if they trya gan you will be more than prepared.

 

I hope I am this lucky, very similar situation as yours.

 

I know Andy will be along, not sure if you can apply to the court to get any instalments set now????

 

Don't want to spoil your day but be nice to be one step ahead of them ;0)

 

Wll done you !!!

 

S.B.

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Well done. Check with others, but I think if you apply to the court for an instalment order this should give you even more protection.

It's a N245 Application for Variation of an Order with a fee of £40.

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Was worth attending then Shazza as predicted. Ok now as per the DJ instruction you need to agree a payment proposal

with the Claimant and fast.The N245 is an option but as still no order as been given re payment then you may use the

opportunity to agree formally with the claimant.They may be licking their wounds so if no response is forth coming then yes its the N245.

 

Well done I will get your thread title amended.

 

Regards

Andy

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Title updated to reflect your success. ;)

Anthrax alert at debt collectors caused by box of doughnuts

 

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Thanks Andy, so do I not have to do the N245 then? If not,I will get on to the payment offer tonight. It would be sweet for them to receive it before the letter from court does.

When writing the letter should I mention that 'as the CO was dismissed today I now offer payment of £xx' or would that be rubbing salt in the wound:roll:.

We were the only ones ,apart from a couple of other solicitors, to show at the court. I think there were 5 other CO cases.

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Do both then all bases covered. Did you not get chance to clarify with the DJ re payments or Forthwith?

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 OTHERS

 

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No I didn't Andy, I think I was in shock at his decision :) He just said that he had looked at my defence statement but didn't comment on it. Basicaly, I think it just came down to them not turning up.

So do I do the N245 on line?

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