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


  • Tweets

  • Posts

    • NewsBot
      Shein set to file for £50bn London listing - reports

      By NewsBot · Posted

      Shein has been linked to unethical business practices, including forced labour allegations.View the full article
    • stu007
      Are There Any Social Workers on CAG ?

      By stu007 · Posted

      Hi I have to agree with @unclebulgaria67 post#3 For the funding side of moving to a new area and it being private supported accommodation I would also suggest speaking to private supported accommodation provider about funding but also contact the Local Council for that area and have a chat with them about funding because if you are in receipt of Housing Benefit certain Supported Accommodation that meets a certain criteria is treated as ‘exempt accommodation’ for Housing Benefit purposes but you need to confirm this with that relevant Council in your new area especially since it is Private Supported Accommodation as each Council can have slightly different rules on this. If you have a certain medical condition look up the charities and also have a wee chat with them as they may be able to point you to different Grants to assist with moving costs and your question about funding for private supported accommodation as well.
    • stu007
      Advice needed regarding Eviction

      By stu007 · Posted

      Hi Just to be clear a Notice to Quit is only the very start of the Housing Association going down the Eviction route there is a long process to go. Also to be clear if you leave at the Notice to Quit date only and go to the Council claiming you are Homeless they will more than likely class you as Intentionally Homeless therefore you have no right to be given temporary housing by the Council. The only way that works is when the Court has Granted a Possession Order then you can approach the Council as Homeless with the Court Order. As for the Housing Association issuing the Notice to Quit because there investigation has proved it's not your main residence but you have witness statement to prove otherwise. From now on with the Housing Association you need to keep a very good paper trail and ensure to get free proof of posting from the post office with anything you send to them. You now need to make a Formal Complaint to the Housing Association and please amend the following to suit your needs:   Dear Sir/Madam FORMAL COMPLAINT Reference: Notice to Quit Letter Dated XX/XX/2024, Hand Delivered on XX/XX/2024 I note in your letter that you stated that the Housing Association has carried out an investigation into myself and came to the conclusion that I am not using this property as my main residence and have evidence of this and have therefore issued a 'Notice to Quit' by XX/XX/2024. I find the above actions absolutely disgraceful action by the Housing Association. 1. Why have I never been informed nor asked about this matter by my Housing Officer. 2. Why have I never been given the opportunity to defend myself before the Housing Association out of the blue Hand Delivered a Notice to Quit Letter. 3. I have evidence and witnesses/statements that prove this is my Main Residence and more than willing provide this to both the Housing Association and the Court. I now require the following: 1. Copy of your Complaints Policy (not the leaflet) 2. Copy of your Customer Care Charter (not the leaflet) 3. Copies of your Investigation into this not being my main residence.    As well as the above you need to send the Housing Association urgently a Subject Access Request (SAR) requesting 'ALL DATA' that simple phrase covers whatever format they hold that in whether it be letters, email, recorded calls etc. The Housing Association then has 30 calendar days to respond but that time limit only starts once they acknowledge your SAR Request. If they fail to respond within that time limit its then off with a complaint to the Information Commissioners Office (ICO).     
    • stu007
      Eviction Time Again - Twice In 7 Months

      By stu007 · Posted

      Hi Sorry for the delay in getting back to you The email excuse and I do say excuse to add to your account and if court decide LL can't recoup costs will be removed is a joke. So I would Ask them: Ask them to provide you with the exact terms within your Tenancy Agreement that allows them to add these Court Fees to your Account before it has been decided in Court by a Judge. Until the above is answered you require these Court Fees to be removed from your Account (Note: I will all be down to your Tenancy Agreement so have a good look through it to see what if any fees they can add to your account in these circumstances)
    • Debt_Collector
      Summons to court for a S87 (1) offence

      By Debt_Collector · Posted

      Thank you for your responses. As requested, some more detail. Please forgive, I'm writing this on my phone which always makes for less than perfect grammar. My Dad tries but English not his 1st language, i'm born and bred in England, a qualified accountant and i often help him with his admin. On this occasion I helped my dad put in his renewal driving licence application around 6 weeks before expiry and with it the disclosure of his sleep apnoea. Once the licence expired I told him to get in touch with his GP, because the DVLA were offering only radio silence at that time (excuses of backlogs When I called to chase up). The GP charged £30 for an opinion letter on his ability to drive based on his medical history- at the time I didn't take a copy of the letter, but I am hoping this will be key evidence that we can rely on as to why s88 applies because in the GP opinion they saw no reason he couldn't drive i need to see the letter again as im going only on memory- we forwarded the letter in a chase up / complaint to the DVLA.  In December, everything went quiet RE the sleep apnoea (i presume his GP had given assurance) but the DVLA noticed there had been a 2nd medical issue in the past, when my father suffered a one off mini stroke 3 years prior. That condition had long been resolved via an operation (on his brain of all places, it was a scary time, but he came through unscathed) and he's never had an issue since. We were able to respond to that query very promptly (within the 14 days) and the next communication was the licence being granted 2 months later. DVLA have been very slow in responding every step of the way.  I realise by not disclosing the mini stroke at the time, and again on renewal (had I known I'd have encouraged it) he was potentially committing an offence, however that is not relevant to the current charge being levied, which is that he was unable to rely on s88 because of a current medical issue (not one that had been resolved). I could be wrong, I'm not a legal expert! The letter is a summons I believe because its a speeding offence (59 in a temp roadworks 50 limit on the A1, ironically whist driving up to visit me). We pleaded guilty to the speeding but not guilty to the s87.  DVLA always confirmed to me on the phone that the licence had not been revoked and that he "May" be able to continue to drive. They also confirmed in writing, but the letter explains the DVLA offer no opinion on the matter and that its up to the driver to seek legal advice. I'll take the advice to contact DVLA medical group. I'm going to contact the GP to make sure they received the SAR request for data, and make it clear we need to see a copy of the opinion letter. In terms of whether to continue to fight this, or to continue with the defence, do we have any idea of the potential consequences of either option? Thanks all

  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.

      BankFodder posted a topic in Vehicle retailers and manufacturers,

      If you are buying a used car – you need to read this survival guide.
      • 1 reply
      BankFodder

      Picked By

      BankFodder,

    • Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld

      ATJ posted a topic in Vehicle retailers and manufacturers,

      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.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
      BankFodder

      Picked By

      BankFodder,

    • A2Dominion - Housing Association property flooding - damning ombudsman report

      WanTToMoveOn posted a topic in Residential and Commercial lettings/Freehold issues,

      Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
      WanTToMoveOn

      Picked By

      WanTToMoveOn,

    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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
        • Like
      BankFodder

      Picked By

      BankFodder,
    View All

  • Recommended Topics

Twitter X - Include the @company's twitter name in your post title – here's why…
The UK Stands With Ukraine - 'Slava Ukraini'
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Set Aside a CCJ PLEASE HELP

donnyboy75

By donnyboy75
in Financial Legal Issues

 Share
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5347 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

donnyboy75

donnyboy75

Posted
Posted

Dear All,

 

I hope you can help me

 

I am in a job that requires a clean credit history, I today received notifcation from my bank that the credit line for my business is being placed on hold as there new credit search facility showed a CCJ.. I could basically lose my job over this...

 

This has come as a very big suprise to me so I need help.. essentially a charge has been placed on my new property!!

 

1. I checked credit expert, it confirmed that over the past 31 months I have paid satisfactorily with the exception of 6 payments within the 31 months which were late payments of no more than 3 months

 

2. I was not living at the address where the summons and judements took place

 

3. I did not receive notification that they were going to commence legal action based on the above

 

4. My account on Credit Expert shows that the accounts has never been officially defaulted, ie not recorded

 

5. I have never seen a default notice

 

6. I did not receive a summons based on the above

 

I have spoken to the court on this and they have confirmed that they did not have an updated address until AFTER the judgement had been made and that the original documentation has been sent to an address that i had not lived in for 5 years and in fact sold 2 years prior to the judgement!

I spoke to the company who actioned the CCJ and they confirmed that they new I was residing at a new address as I had confirmed this to them over the phone and they had sent me statements on the account!

 

I received notification from the land registry at my new address saying a charge had been placed on the property however i did not know this was done via a CCJ route!!

 

PLEASE PLEASE help me on this I am so stuck and worried because I could essentially lost my job which in turn means I would lose my home..

 

what do i do??

Link to post
Share on other sites
donnyboy75

donnyboy75

Posted
  • Author
Posted

I beleive it has already been granted, i just did not realise that in order for that to take place a judgement would have been granted...

 

I am praying you are not going to say that on the basis it has been granted I am done for! ;)

Link to post
Share on other sites
debbbbsy

debbbbsy

Posted
Posted

No, your not done for.

This happens alot, a charging order is given automatically.

 

First thing to do, somewhere on the paperwork should be the claim reference number. This claim will probably have been done through Northampton courts, they handle bulk claims.

Tomorrow morning, ring them to get this confirmed. If it was issued through them, they should be able to give you all the info

Who issued the claim?

When was it Issued?

To what address did THEY said all correspondence?

 

If the court docs were sent to the wrong address, explain this. They are usually very helpfull.

They should advise you to apply an N244, an application to have the judgement set a side, on the grounds that you were denied the right to defend this claim, as the docs were sent to the wrong address. You will have to provide proof of your current address,bills, council tax, how long youv'e been there, as much as possible.

Once the judgement is set a side, the charging order is automatically removed.

Link to post
Share on other sites
donnyboy75

donnyboy75

Posted
  • Author
Posted
No, your not done for.

This happens alot, a charging order is given automatically.

 

First thing to do, somewhere on the paperwork should be the claim reference number. This claim will probably have been done through Northampton courts, they handle bulk claims.

Tomorrow morning, ring them to get this confirmed. If it was issued through them, they should be able to give you all the info

Who issued the claim?

When was it Issued?

To what address did THEY said all correspondence?

 

If the court docs were sent to the wrong address, explain this. They are usually very helpfull.

They should advise you to apply an N244, an application to have the judgement set a side, on the grounds that you were denied the right to defend this claim, as the docs were sent to the wrong address. You will have to provide proof of your current address,bills, council tax, how long youv'e been there, as much as possible.

Once the judgement is set a side, the charging order is automatically removed.

 

debbbbsy... my (female) knight in shining armour!!

 

I am kinda one step ahead, as you can imagine i totally panicked today when I heard all of this, I spoke to the court, the confirmed all relevant details and also confirmed the fact that the address docs were sent to was my old address, I can in turn prove my current address based on council tax, mortgage. It was actually done via a court in Newcastle, this is a Northern Rock Production!!!

 

Do you think I stand a good chance of getting this set aside, obviously the court actions judgement to be set aside based on the law and not pulling on the heart strings however would the current climate and losing my business elemtn be a good one to use while at the hearing or should i stick to the facts?

Link to post
Share on other sites
debbbbsy

debbbbsy

Posted
Posted

If you can prove, & clearly you can that you did not recieve any correspondence from the claimant, & from the courts. Then yes, apply to have the judgement set a side.TOMORROW, it can be done online. I have seen similar cases to yours, & set a sides have been granted.

As, I said, speak to the courts, they will help.

If Newcastle is not your local court, you can apply to have it moved to your local court, should you need to defend in person. Again, the court clerk will advise.

 

Good luck. Keep us updated, & if you need anymore help, just ask.

 

Debs

Link to post
Share on other sites
debbbbsy

debbbbsy

Posted
Posted

Northampton lets you do it online. Not sure about Newcastle.

But you can download the forms. Best speak to them tomorrow.

You might have to post it, if you do, send it special.

There is a charge, it varies, between £40 & £75.

As for the timescale, again that depends on how busy the courts are, again, ask the clerk, she will know if there is a backlog of claims, & should be able to give an indication of whether it is weeks or months.

 

I also think, that at this stage, if this claim affects your job, you should write a very strong letter to Northern Rock,they will have a complaints department,send it directly to them. They HAVE to respond to an "OFFICIAL" complaint. No more phone calls, all correspondence in writing, & sent recorded. Outline EVERYTHING, & threaten them with legal action.

Keep copies of everything.

Debs

Link to post
Share on other sites
donnyboy75

donnyboy75

Posted
  • Author
Posted

Ok, documents were sent off today with £75 as well as proof from my current council that i have lived at my address for well over 3 years! so watch this space!

 

What will happen at a hearing? will the judge set it aside and instruct Northern Rock to re issue the CCJ?

Will he just forward the CCJ from my old address to my new one?

Also what will happen to the charge on the property via the land registry

Link to post
Share on other sites
debbbbsy

debbbbsy

Posted
Posted

I'm not sure what happens next. I suppose, Northern Rock will be informed, if they choose to defend your application, to stop it being granted , then there will be a hearing . If they accept your application, & your claim has merit, they won't try & stop it.

 

He can't transfer the CCJ. Northern Rock will have to start all over again. There are procedures that need yo be followed before they can take you to court.

Firstly, a letter, giving you the opportunity to pay.

Then, a default notice.

& then a letter before action,

& then court.

The default notice is an essential prereqisite, they cannot enforce the "Alleged debt" in court if you did not recieve it. This is why your N244 will be granted.

 

If they already have the charge, once you get the CCJ set a side, it will automatically be removed.But I am puzzled by this, if Northern Rock had your address for the charging order, why were they issuing the claim to a different address:confused:.Very very naughty, & a clear breach of procedure.

 

I am confident the CCJ will be set a side.

You now have to move 1 step forward. How do you intend to defend the claim when it is issued again ?

Is it a credit card or a loan ?

In all probability the "Alleged Debt" will have accrued interest & charges, & of course the court fees. You can challenge these.

Do a SAR.

 

Debs

Link to post
Share on other sites
donnyboy75

donnyboy75

Posted
  • Author
Posted

I think it is just a catalogue of errors, would i be right in saying that you have to send CCJ docs to the address you are residing at?

Would I be right in saying that if they had done things properly the CCJ would be at my current address not one I have not lived in for over 5 years?

 

As for moving forward to be fair to NR they told me to go for the setting aside asap due to the job situation so I am hoping I can go for another option with them, ultimately if the judgement is set aside then there is no benefit in them going for another CCJ as i will lose my job and due to other creditors they will not get much, in addition it could be deamed as an unfair oportioning of equity and in turn effecting the other creditors.. i think!

Link to post
Share on other sites
debbbbsy

debbbbsy

Posted
Posted

Seriously, I would not discuss any option with NR until you have done the SAR & the CCA. And also, they need to apologise & reimburse you the £75 for the N244.

You MUST put in an 'Official Complaint'. Do not assume, that because they are nice & polite on the phone that they are simply going to let this go. Afterall, if they Knew they were in the wrong, why were they pressing on with a charging order.If they new the claim had been granted "Unlawfully", why did they not inform the courts.They do not play fair.

They now know your weakness, you have told them you will lose your job, they WILL use this to get you to pay all monies outstanding.

Please do everything in writing.

Debs

Link to post
Share on other sites
donnyboy75

donnyboy75

Posted
  • Author
Posted

hi debs

 

sorry for the delay, just seen the post, unfortunately NR have been corresponded with and payments were being made without knowledge of the CCJ.

 

A quick update for you, I have sent for C224 to the court to get it set aside, in addition NR are considering a Tomlin Order due to the fact I could lost my job so they are being reasonable at this time... watch this space!

Link to post
Share on other sites
 Share
Go to topic listing

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


Follow: @real_CAG

Navigation Links

Welcome
CAG Community Centre
CAG Library
Banks & Credit
Other financial Institutions
Retail
Non-Retail
Work & Social
PayDay and Short term Loans
Debt
Motoring
Legal

Latest

Our Picks


Help and Support

CAG Library
Questions about This Site
Change your notification sound
Change your profile picture - FREE!


Useful LInks

County Court Forms
MoneyClaim Online
CPR - Pre-Action Protocols
Civil Procedure Rules
UK Legislation
Youth Consumer Service

Reclaim the right Ltd

registered in the UK
reg.05783665
reg. office:-
262 Uxbridge Road, Hatch End
England
HA5 4HS

The Consumer Action Group

The National Consumer Service
×
×
  • Create New...