Yes Car And Charging Order ** WON **

[postggj]

When Was The Ccj Awarded And The Charging Order

[gdk2711]

charging order was 24 june 2009

at cardiff county court

[gdk2711]

we recieved the letter dated 17 july 2009

and had till 7 aug 2009 to appeal

before 12 noon

[gdk2711]

no idea about ccj

[gdk2711]

just sent copy's of charging order to your e-mail

[gdk2711]

it is ordered that this petition be dismissed

and it is ordered that the registration of the petition action at the land registry charges dept of land registry on 20th october 2008 under ref no-------be vacated upon the application of the debtor under the land charges rule

that was a bankruptcy petition filed 15 oct 2008

and the letter dated on bottom 20th january 2009

that was at wrexham c/c

[gdk2711]

Dont under stand the bit

BE VACATED UPON.......

[jo0407]

bump

[debt4get]

if i read it correctly and it is a bit legalese, if the petition is dismissed then the registration at the land registry is to be 'TAKEN OFF' (VACATED) because of the application that you have applied for under the land charges rule

[applecart]

Hi

 

It would seem to me that a set aside application would be the first step in this matter.

 

I'm not normally given to sharing personal experience but in this instance I must say that when I had occassion to make such an application, I simply stated that I did not receive the paperwork and that I beleived I had a full defence to their originating claim. My set aside application was allowed on that basis. Which meant the CCJ was removed and the application made to apply a charging order to my home was temporarily stayed until the matter went to court.

 

If you enact the same - then it may be that your charging order is temporarily removed along with the CCJ.

 

When I got to court; Clearly, I had to prove that I did not get the paperwork - I was able to show that I resided elsewhere and that the new address was known to the creditor as a 'correspondance address'. So there was no reason why they could not have made sure the paperwork came to me directly, I was also given the time to defend their orignating claim - They lost and the case was found in my favour - and the CCJ was removed and the charging order 'struck out' (it was a funny case actually, because it was for a debt that I had run up, never paid a penny against and then they ended up paying me for charges that they had applied to the account - champion!!)

 

My advise would be, never assume that because a Solicitor or any Company slaps a letter on official looking headed paper that they are right - the Solicitor is only acting on 'behalf' of a Company - that Company may have their facts wrong - so challenge anything that a Solicitor says or does - they are just the Monkey - you have to deal with the organ grinder...

 

The charging order is already in place - the fact that you are being pursued for the debt by a DCA is irrelevant - ignore them - get that charging order off your house before you sell it - I'll tell you why - if you don't.... and the house does sell, you need to be aware that the acting solicitor is obliged to free the house of any debts before the other party can complete thier purchase - those debts will be paid out of any of the equity and you and your girlfriend will be left to share the difference; however you wish to split the balance.

 

Whilst you have a court date set for next month - as soon as the court honors your application to get the orignating claim set aside the court date set for next month will also be set aside - as the set aside hearing will take precedent (come first). (just make sure you mention either in your set aside application that there is a court date set for next month that you would like to be set aside as well until the matter regarding the orignating claim is heard as they are both to do with the same matter)

 

Hope this helps put things in perspective for you

 

Apple : )

[gdk2711]

Thanks

i was at a different address...

The car was taken from there (not from the house)as the guy picking the car up only knew one spot...

any way that was an x's and i have no details from living there in 2005

now its getting worse

[gdk2711]

postgjj any further forward yet

[gdk2711]

bump

[gdk2711]

There you go then.

 

Apply for setaside on the grounds that PPI was unlawfully mis- sold and that therefore the agreement is unenforceable due to the interest stated in the Prescribed Terms being incorrect and that therefore the credit agreement is fatally flawed.

Where are the prescribed terms and conditions

I only got sent an agreement

how do i need to word this on set aside notice

need to get this set aside in to the courts

[gdk2711]

bump

[gdk2711]

Bump.......

[gdk2711]

I have less than a week to sort a set aside notice for the court....

Waiting on postggj

Are you sorted yet.....

[gdk2711]

Ok

Looks like i will need to sort this myself...

Been to long for reply As i have to get the paperwork in soon as

I have been on tho the court today...

They advise to get set aside in soon as possible with all relitive paperwork to support application

 

BUMP!!!!!!

[mandyjayne]

gdk2711..

 

i really feel for you here... where has everyone gone????

[gdk2711]

To busy i guess...

Must not be important enough i think

[mandyjayne]

i have alerted site team for you maybe someone will step in...all the best gdk

 

mj:)

[gdk2711]

Thanks for your help

At least someone cares enough

[debt4get]

was gonna say have you alerted site team, also have you pm'd post?

[gdk2711]

Whats the point...

ive tried as you can see from previous postings

[ukaviator]

Hi gdk2711

 

I have read a few pages back on your thread here. From what i can see they have a charging order / CCJ as well without you appearing in court.

 

You will have to apply to the court for a "Set Aside". To do this you fill in court form N244 found here:

 

http://www.hmcourts-service.gov.uk/courtfinder/forms/n244_e.pdf

 

This application form should be filled in and your reasons for asking the court for a Set Aside. These reasons are that you were not aware of the claim being made against you until after judgment. Usually a court will agree to set aside judgment if you can show that you did not receive any court papers and therefore were not aware of the court case against you. For example, you may have moved and the Claimant may have given your old address to the court.

 

An application for a stay of execution is necessary to stop the Claimant from trying to enforce judgment. You can make this application without telling the Claimant and the court can make an order without the Claimant being at court. When you make your application to set aside judgment the court will fix a hearing date. Both you and the Claimant will have to go to this hearing. You will have to explain why you want the court to set aside judgment. If the court sets aside judgment you will be allowed to put in a Defence explaining why you do not agree with the Claimant's claim. The court will also give you a timetable to explain what you must do next. For example, you may have to tell the Plaintiff what documents you want to use to prove your Defence and if you have witness they may have to make a statement which you must send copies of to the Plaintiff.

 

Also you should fill in an income and expenditure sheet to show the judge your income and outgoings. This will help him / her decide how much you can afford to pay if the judge finds that the claiment has the correct paperwork and their claim is valid.

 

Whilst this is going through it maybe an idea to send a letter to Godebt / Yescar credit to get them to send ALL of the documents they have on file. There MUST be unlawful charges there, also the possibility of some commissions paid out. Letter is here:

 

Dear Sirs

 

Account number

 

I write with regards to the above account with your organisation.

 

I respectfully request that you provide me by return a true copy of the underwriting sheet or any other documents showing any commissions paid by you to the broker or by the broker to you. I require this as I have reason to believe that there may be undisclosed commissions. Obviously if your organisation has paid, or has been paid, an undisclosed commission, I would be entitled to rescind the contract or seek other remedies.

 

I must stress this request is made pursuant to the Civil Procedure Rules ( Pre action protocols and Part 31.16) and therefore only a copies of the original documents in its unaltered form will suffice in these circumstances. I reserve the right to seek a court order for your compliance should you refuse.

 

I do not view this as an unreasonable request given that by supplying the document which I have asked for it will allow me to assess if my case has merit and will help to resolve matters possibly without the need to involve the court and will undoubtedly save costs on both sides

 

I look forward to your reply and would ask for a response by 4pm on XXXX Date ( Give 21 days to respond)

 

Regards

 

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