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sj - lost! but battle still continues?


kel123
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Yes! and in my opinion valid, which is why I used them

 

Here is how the DJ justified/got around it

 

When I said s98 is for none default cases and the claim is based on a default and therefore 87/88 applies and the regs (quoted chapter and verse). He said the regs for 87/88 are writen in bad English. (yes he said this) and because no termination letter has ever been sent 87/88 and the regs are not applicable. He also said that they (tother side) are entitled to change their minds about how they are claiming regardless of the PoC. as I have said I am unsure whether he rulled on this but he definately said it is contract law and they can terminate at any time without the need for a Default Notice because it says so in the terms and conditions.

 

So it is a matter of waiting to see what comes through the post.

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You might want to ask banker_rhymes_with and shakespeare62 to comment on the post above:)

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Hello Kel123!

 

Well, I'd Appeal if it were me.

 

But chill out for a few days, drink something, then come back to this when you have had a chance to distance yourself from the upset.

 

Read Shakespeare62's Thread, otherwise anything I say here will just be repeating things that are already well said there.

 

The deadline is 21 days, so the very first thing to do is to decide if you will Appeal or not. Big decision, so do not rush it.

 

Come back and let us know what you will do, and we can take it from there. But do chill out, because an Appeal is most definitely a dish that is best served cold. Time to get even, not mad.

 

Cheers,

BRW

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Hi Kel

 

i've been away for a few days and just catching up.

 

First, sorry to hear you lost, the DJ lottery I mean. Unfortunately, that also meant youlost the legal case when you shouldn't have.

 

Second, banker_rhymes_with and Mydogs a westie have given good advice. i hope you are now thinking about an appeal. You should start by ordering a copy of the transcript of the hearing if you haven't done so already. Have you had the DJ formal decison in writing from the court yet. he should have set out his reasons for his decison in the judgment.

 

Thirdly, I would be very tempted to sednd in about a complaint about the DJ's conduct but before you do, I suggest you see what is in the transcript. Also double check that the court staff did give the DJ the papers before the hearing.

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  • 3 weeks later...

Update

 

Finally got back from Spain over the week end - after our 7 day enforced stay, it rained for 4 of them:(

 

No, nothing, diddly squot from [problem] but judgement came through the beginning of last week

 

It is ordered that

 

1. Judgement for the claiment in the sum of £5183.21

2. Counterclaim dismissed

3. The defendant to pay the claiments costs in the sum of £3228.28

4. Permission to appeal redussed

 

One assumes that [problem] now have to go back to court to enforce?

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Hi Kel, hope you had a nice break away.

 

I take it you are not going to appeal since the 21 days have passed now. Have you rec'd a forthwith judgement, them wanting the payment immediately? If so the next thing if you have property would have them possibly applying for an interim CO so they can secure the debt & applying to the Land registry.

 

You may want to consider applying for a variation of order on form N245 where an amount of payment can be determined & if a fee remission is applicable for you fill out the EX160 to go with it. You can put your I & E on this inc what you also pay to other creditors in your payplan arrangement.

 

I hope you get it sorted. MDAW x

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Hi MDAW

 

The simple answer to appeal is no money and I have not received any communication from anywhere else?

 

My income is £0, I am a kept man:) There is ofcause a family/house DMP?

 

So it's a matter of waiting so that I can react

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  • 2 weeks later...

Did I say I have not heard anything? well today I have!

 

Land Registry B136(CO) Notice of an application to register a restriction against the land

 

SCM have apparently got an interim charging order made by the court on the 23 april

 

I am totally confussed - should I have known about it.

 

Gods honest truth here, apart from the court order I have had no communication from anywhere.

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I have just contacted the court

 

Apparently they have only today sent out the judges orders to me - tommorrow or Monday I should receive them.

 

Final hearing set for 11th june

 

Can someone point to to the implications of a charging order please

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Have a look at these links -

 

Have a look at the links below on Charging Orders and what grounds you may oppose them -

 

Insolvency Helpline

National Debtline

A Guide to Charging Orders by Sequenci

 

 

You do NOT get any advance warning of an Interim Charging Order as they are granted by application but without a hearing.

 

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Thanks supasnooper

 

Allthough sequenci mentioned it, I have not been given a forthwith order or a playment plan order (post 255) just judgement for the claiment. Everything I seem to be reading says that I must have defaulted on CCJ payments or be offering too low a payment, inorder for them to apply for CO? scm nor lloyds have been in touch with me to set one up! Is this grounds for an objection?

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Hi Kel, hope you had a nice break away.

 

I take it you are not going to appeal since the 21 days have passed now. Have you rec'd a forthwith judgment, them wanting the payment immediately? If so the next thing if you have property would have them possibly applying for an interim CO so they can secure the debt & applying to the Land registry.

 

You may want to consider applying for a variation of order on form N245 where an amount of payment can be determined & if a fee remission is applicable for you fill out the EX160 to go with it. You can put your I & E on this inc what you also pay to other creditors in your payplan arrangement.

 

I hope you get it sorted. MDAW x

 

As mentioned, this is what can happen unfortunately :mad: If you can do an N245 to show an offer of a payment you can afford (and if your fee exempt submit the EX160 with it too) it may show willing in the meantime on your part ahead of your hearing. All they want is to secure the debt now against your property so not wanting to set an installment plan up thats why you must try to do one yourself to the vary that Order that was made forthwith.

 

You might also want to object to the restriction to the land registry, not that it does a fat lot of good, but you can try.

 

I understand the predicament your in, how can they restrict the property when a charging order hasn't even happen yet, but the land registry do and having seen sighting of the interim CO application/judgment amount submitted in with the restriction notice to them, restrict it anyway as they know its only a matter of time :-x

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OFT and FSA concordat

 

Both the OFT and the Financial Services Authority have powers in relation to unfair contract terms under the UTCCRs, and co-ordinate enforcement action and co-operate to ensure the effective and consistent delivery of consumer protection in this area.

The revised framework for this co-ordination is set out in a new concordat which came into effect on 31 July 2006.

Download concordat (pdf file 700 kb).

The OFT and FSA will ensure that:

 

  • any action they take is necessary and propotionate where there is evidence of a potential breach of the UTCCRs and of potentrial consumer harm stemming from the breach, and
  • business, in normal circumstances, is given a reasonable opportunity to stop relying on unfair terms, removing or revising them as appropriate, before formal action is taken.

Under the concordat the OFT and and the FSA will consult and liaise to reduce duplication of effort and to promote appropriate action by the body best placed to lead on an issue. The concordat provides that the FSA will consider the fairness under the UTCCRs of standard terms in financial services contracts issued by authorised firms or their appointed representatives for regulated activities. This will include contracts for mortgages and the selling of mortgages; insurance and the selling of insurance; bank, building society and credit union savings accounts; pensions; investments; and long term savings.

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In this section...

 

 

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

 

 

Advice & opinions given by patrickq1 are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional

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Yes Kel Apply An Objection To This Notice They Have Placed In The Land Registry,this Way They Will Then Have To Go Back To Court And Explain The In And Outs And Show Proof Of The Actions They Took And Notices Sent To You Etc

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

 

 

Advice & opinions given by patrickq1 are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional

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