Jump to content


  • Tweets

  • Posts

    • The move marks the first time the country's central bank has raised interest rates for 17 years.View the full article
    • The move marks the first time the country's central bank has raised interest rates for 17 years.View the full article
    • The firm has benefited from the AI boom, making it the third-most valuable company in the US.View the full article
    • Former billionaire Hui Ka Yan has been fined and banned from the financial market for life.View the full article
    • In terms of "why didn't I make a claim" - well, that has to be understood in the context of the long-standing legal battle and all its permuations with the shark. In essence there was a repo and probable fire sale of the leasehold property - which would have led to me initiating the complaint/ claim v SPF in summer 19. But there was no quick sale. And battle commenced and it ain't done yet 5y later. A potential sale morphed into trying to do a debt deal and then into a full blown battle heading to trial - based on the shark deliberately racking up costs just so the ceo can keep the property for himself.  Along the way they have launched claims in 4 different counties -v- me - trying to get a backdoor B. (Haven't yet succeeded) Simultaneously I got dragged into a contentious forfeiture claim and then into a lease extension debacle - both of which lasted 3y. (I have an association with the freeholders and handled all that legal stuff too) I had some (friend paid for) legal support to begin with.  But mostly I have handled every thing alone.  The sheer weight of all the different cases has been pretty overwhelming. And tedious.  I'm battling an aggressive financial shark that has investors giving them 00s of millions. They've employed teams of expensive lawyers and barristers. And also got juniors doing the boring menial tasks. And, of course, in text book style they've delayed issues on purpose and then sent 000's of docs to read at the 11th hour. Which I not only boringly did read,  but also simultaneously filed for ease of reference later - which has come in very handy in speeding up collating legal bundles and being able to find evidence quickly.  It's also how I found out the damning stuff I could use -v- them.  Bottom line - I haven't really had a moment to breath for 5y. I've had to write a statement recently. And asked a clinic for advice. One of the volunteers asked how I got into this situation.  Which prompted me to say it all started when I got bad advice from a broker. Which kick-started me in to thinking I really should look into making some kind of formal complaint -v- the broker.  Which is where I am now.  Extenuating circumstances as to why I'm complaining so late.  But hopefully still in time ??  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • 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
  • Recommended Topics

CCJ and solictor failed CCA


DOZY
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5235 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

Hi

 

Asked this before in another way, some time ago.

 

I have a CCJ with co-op, but now being run by solictor, they have incresed the payments over time , but I thought that they cannot vary a CCJ payment judgement, without going back to court for a variation order ??, it was for £2-00 per month, now £5-00 per month, .

 

my solictors have sent a write -off request first , then a CCA request, both have been totaly ignored, no replys at all.

 

should I apply for a set aside of debt, I should qualify for no fee payment due to been on benifits DLA.

can i do that now this is from a 2003 judgement, and would the CCA I sent to solictors be processed or not, i have received a deafing silence from them , can they still proceed with the CCJ with the CCA failure ,or have I got to go to court to ask for a set aside after all this time (2003).

 

What would be my defence if any if a baliff turned up on my doorstep,( he won,t get in ) is the fact i have sent these letters off and had no replys to my requests be suffient to stall them , or can i just refer back to the original CCJ payment off £2-00 per month.

 

Or should i go to a set aside on health grounds, as far as i can remember it was in nov 2003 the CCJ was made and its now 6 years ago.

 

I have made no payments at all to the solicitors , neither have they contacted me at all, doe,s this mean that they have passed my letters to back to EQUIDEBT LIMITED WHO WERE ACTING FOR THE CO-OP LTD. is this the reason for the silence ( i am quite happy with the silence, no letters/phone calls ) which means in my book they might be obaying my CCA request, or is there some other plot being hashed up.

 

my other is with ruthbridge ,sorry did,nt mean to scare you !!! , again total silence , no CCA ,nothing , no phone calls , letters, i could enjoy this till i get my 100th card from the Queen.

 

again they have been sent "indispute letter as above has), still silence

 

your advice please

 

Two down and two to go.

 

dozy

Link to post
Share on other sites

I have a CCJ with co-op, but now being run by solictor, they have incresed the payments over time , but I thought that they cannot vary a CCJ payment judgement, without going back to court for a variation order ??, it was for £2-00 per month, now £5-00 per month, .
They can't alter the payments, you pay what the judgement stipulates.
my solictors have sent a write -off request first , then a CCA request, both have been totaly ignored, no replys at all.
The CCJ in effect re-writes the CCA and overrides it, it would be better to send a SAR.
should I apply for a set aside of debt, I should qualify for no fee payment due to been on benifits DLA.
see; http://www.consumeractiongroup.co.uk/forum/general-debt-issues/104473-guide-setting-aside-ccjs.html

http://www.consumerforums.com/resources/templates-library/51-guidance-notes/620-applying-for-a-set-aside

can they still proceed with the CCJ with the CCA failure
If you are abiding by the order they can't do anything.
What would be my defence if any if a baliff turned up on my doorstep,( he won,t get in ) is the fact i have sent these letters off and had no replys to my requests be suffient to stall them , or can i just refer back to the original CCJ payment off £2-00 per month.
Answer as above, besides they would have to apply to the court for a 'Warrant of Execution.'
my other is with ruthbridge ,sorry did,nt mean to scare you !!! , again total silence , no CCA ,nothing , no phone calls , letters, i could enjoy this till i get my 100th card from the Queen.
You've disputed it, so do nothing the balls in their court.
Link to post
Share on other sites

They can't alter the payments, you pay what the judgement stipulates. The CCJ in effect re-writes the CCA and overrides it, it would be better to send a SAR. see; http://www.consumeractiongroup.co.uk/forum/general-debt-issues/104473-guide-setting-aside-ccjs.html

http://www.consumerforums.com/resources/templates-library/51-guidance-notes/620-applying-for-a-set-aside If you are abiding by the order they can't do anything. Answer as above, besides they would have to apply to the court for a 'Warrant of Execution.' You've disputed it, so do nothing the balls in their court.

 

Hi

 

I just did a quick math on how long it would take at the original judgement order , on 3340-00 and it comes out at 172 years !!!, i will probably be around for another ten years hence , so i pay £240-00, not bad, and there will not be anything left for them , in fact theirs nothing now!!.

 

I thought anyone with a few bits of sawdust in their head would have relized long ago , that its not worth the effort involved in trying to collect, but of course they are trying to find out what you have , in my case zilch.

and they cannot chase anyone else in the family , my wife in ten years will be 82 ,me 72. so i,ll SAR them and give them and all the call centre rubbish, some of the grief they have given me.:rolleyes:

 

dozy

Link to post
Share on other sites

Hi

 

I just did a quick math on how long it would take at the original judgement order , on 3340-00 and it comes out at 172 years !!!, i will probably be around for another ten years hence , so i pay £240-00, not bad, and there will not be anything left for them , in fact theirs nothing now!!.

 

I thought anyone with a few bits of sawdust in their head would have relized long ago , that its not worth the effort involved in trying to collect, but of course they are trying to find out what you have , in my case zilch.

and they cannot chase anyone else in the family , my wife in ten years will be 82 ,me 72. so i,ll SAR them and give them and all the call centre rubbish, some of the grief they have given me.:rolleyes:

 

dozy

 

hi

 

Now something extra, i have already asked for a write off of debt , no reply total silence

 

seeing as i have not paid solictors the inflated CCj , and a deafening silence here too,from them more than 10 weeks now, do you think they are up to something, or are they awaiting something from equidebt ltd , before they do anything, should I SAR them now , what happens ,seeing as i have not paid my CCJ to solicitors , on them receiving this SAR , would it effect or do something to the CCJ.

 

I have forms for fee s for CCJ set aside as i qualify.is it worth doing that too.

please place in order what to do ,then i,ll leave you alone for a while !!, and await results to come in .

 

sorry theres so many questions, i,m just want the best plan going.after all i,ve only got ten years to go ,but thats a very optimistic view, as i have already had two cardiology events, 3 weeks in cardology and suffer from lots of other ailments, and i go to at least 3-5 hospital apps per week , this year so far 92 apps i,m disabled ,awaiting home mods. so i,m not going to lose out to creditors ,rather they are.

 

dozy

Link to post
Share on other sites

Hi Dozy

I would have thought that you would be classed as vuneraable with your medical condition - did the court know this when the CCJ was isssued?

 

 

Hi

 

No the court was in nottingham equidebt territry i live in brum, theCCJ was in 2003 i have not worked since i was made redundant in 2003/4 and for next two years was employed with various agencys, i was carpenter/joiner, and employed on a self employed basis via the inland revenue on the construction industry scheme (CIS) ,but work was a week here /there to a few months to 9 months ,but in the end the building industry went for employing all the poles coming into the country then , cos they were a lot cheaper than us agency workers , I got a hourly rate back then of £12 to £16-00 per hour, but the poles only worked for £8-00 ph, so all the trade suffered as a result and still do today , jobs for english born trades are non excistant, ,i tried everything to get work ,even the wembley and oylimpics sites , but the foreign gangmasters were in there , I/we could,nt get in unless we worked for peanuts, so that was that , i could have gone for private work ,but by then i was suffering a lot, so no go there.

 

Whilst i am on employment thing , Of the two CCA i have received Nat west/capquest, both were applications i done the indispute bit) but on both CCa,s i was listed as self -employed , but was ticked as PPI ,so thats something else i have to chase, natwest wrote off my debt anyway, capquest still there but silent, equidebt /solictor , still silent, ruthbridge (ahh ,no not them i can hear you saying) more silent than a cemetary !!.

 

so i am looking at charges soon and PPI mis-selling, want to help!.

 

dozy

 

2005

Link to post
Share on other sites

hI Dozy

Yes I would go for mis- selling PPI - does'nt apply if your self employed mind you - when you come to claim it does'nt seem to apply to anyone!

If your disabled (like me)- have you applied to the local D.I.A.L for help? This organisation is like CAB but for only Disabled persons. They got one of mine written off due to staute barred or even me knowing anything about Sb! in fact they told me about CAG! They have proper finacial (FSA) registered advisors and direct acess to a legal team if needed. We have several where I live so you should track one down in Brum! They have a web site too - Hope this helps.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...