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Urgent Request For Help


kevin glancy
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OK let me explain. on 31st March 2009 I had a CCJ against me from Advantage Finance Grimsby, the court CCJ ordered I pay £20 a month WHICH I HAVE KEPT TO.

 

on 8th May 2009 Advantage Finance applied for a charging order against my property and it went to court, the court THREW their claim out as i mentioned the mercantile V ellis case as I kept to the judgement order and the court also ordered that attempted costs by Advantage be threw out.

 

I asked that the matter be referred to for CONTEMPT as they signed the court application KNOWING it was a false statement they were making as they KNEW i was making payments to them, the court WARNED ADVANTAGE and advised me they had better never bring anything like this again against me UNLESS they have 100% EVIDENCE i have missed a payment and the action they take is JUSTIFIED.

 

What is interesting is that since that case was heard I HAVE KEPT TO AND MAINTAINED THE £20 per month payments (bank statements to prove it)

 

LO AND BEHOLD as at today Feb 20th 2010 yes you guessed it, THEY HAVE AGAIN ISSUED A NEW CHARGING ORDER AGAINST ME and I have to appear in court AGAIN in April 2010.

 

I have evidence i have made payment and dont think they will get the charging order, i need advice for the following:

 

I am registered disabled and feel this is getting beyond a joke that this co can keep using the court sytem to try and gain a charging order against me when not only have I maintained payments but a court has already threw it out.

 

Can I SUE this company for what they are doing as it is causing me great stress as not only am i disabled but I am going through a divorce.

 

PLEASE HELP!

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At the moment you have no grounds for suing the company yourself.

 

Instead the court should be advised as this is clearly a matter of contempt. You should ring the court clerk and ask what is the best way to proceed.

 

Should this still end up going to court then you must apply for costs. As you are disabled I expect these will be considerable.

 

It is obvious that Advantage is trying this on, hoping it will slip beneath the radar.

 

Quick question : do you have a copy of the May judgment/ruling? If not then try and obtain one asap.

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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hi there yes i do have a copy of the ruling, but surely they cannot use the courts to harras me like this when they are clearly in breach and have no grounds for taking this action when they have already tried this before and had the case thrown out, this is LEGAL harrasement.

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Well, thay can and they did.

But they can also have their corporate bottom caned for it as well. It is up to you to ensure that happens.

 

I know the court system is a bit frightening but they don't put people away just for asking for their rights. Be confident, courteous and co-operative with court staff and you will be a long way further forward.

Note that court staff can give you procedural advice (how to go about things?) but cannot and will not give legal advice (whether or not you should be doing things?).

 

Good luck with all of this. Keep us posted on how you get on - some of us are very interested, and it also serves as a pointer for others in the same position as your self.

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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I decided to seek some legal advice £120 later lol the outcome is as follows:

 

The lawyer will write to advantage finance and inform them to withdraw their action AND offer substantial compensation for the hassle they are putting me through, if we do not receive a satisfactory response within 28 days he will then write to the Financial Ombudsman and have them investigate and seek compensation from them, if they insist on going to court, he will then request that the court allow me "Leave of Absence" to send the court documents to the Financial Omudsman and request also the court find them in CONTEMPT of court, other than that the lawyer says I dont have a leg to stand on and there will be nothing stopping them doing it again and again and again

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would not a claim under the addmin of justice act or protection from harrasment act apply

 

they have no legal ground for bringing an application for a charging order and as its a second time round

 

just thinking out the box

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would not a claim under the addmin of justice act or protection from harrasment act apply

 

they have no legal ground for bringing an application for a charging order and as its a second time round

 

just thinking out the box

 

you are correct post, the protection from harassment act clearly states 2 or more instances where they knew or should have known that their actions caused harassment. As they have been clearly informed, their actions can be seen as harassment. Ferguson v british gas

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I want to take this company to court (if i can) as I am sick and tired of their nonsense, can you advise exactly where is this statement as I am unable to locate it under official websites?

 

you are correct post, the protection from harassment act clearly states 2 or more instances where they knew or should have known that their actions caused harassment. As they have been clearly informed, their actions can be seen as harassment. Ferguson v british gas

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what claim would that be as i already went to the court office and they said they had never heard of any form to complete to take a company to court who have done this and advised me unless i know the claim form number they could not help, its easy to say, make a claim, but a claim for what? i nor the court know the court form number

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there are no forms for this type of claim, the court advised me there are none, the lawyer said they are entitled to request charging orders as the forms are a tick box and that 1 in every 10 suceed when i asked if i could take them to court he said "for what", i said harrasement, he said but they believe they are correct in their actions, that doesnt justify harrasement and there is no route for me to go down? so i doubt the "registry trust" will know if the lawyers and courts dont

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I have the original claim number for the 1st charging order they attempted to get and its also the same number on the 2nd, this shows the claim number for the charging order they are applying for, it doesnt tell me the FORM NUMBER i need to make a claim against them!

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Dont Worry About Making A Claim Against Them Yet

 

You Need To Put In A Complaint To The Finance Co And For Them To Give A Reply

 

The Judge Will Ask For It

 

There Are Quite A Few Form Numbers To Choose

 

N1=money Claim

Application-n244

Information Request-cpr 8

 

Get The Idea

 

Patience Ime Afraid

 

I Know You Want Justice Now But It Does Not Work Like That And Takes Time And Needs To Be Done Corect And In Order

Its Called

 

pre Action Protocol

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OK let me explain. on 31st March 2009 I had a CCJ against me from Advantage Finance Grimsby, the court CCJ ordered I pay £20 a month WHICH I HAVE KEPT TO.

 

on 8th May 2009 Advantage Finance applied for a charging order against my property and it went to court, the court THREW their claim out as i mentioned the mercantile V ellis case as I kept to the judgement order and the court also ordered that attempted costs by Advantage be threw out.

 

I asked that the matter be referred to for CONTEMPT as they signed the court application KNOWING it was a false statement they were making as they KNEW i was making payments to them, the court WARNED ADVANTAGE and advised me they had better never bring anything like this again against me UNLESS they have 100% EVIDENCE i have missed a payment and the action they take is JUSTIFIED. if the judge said this

 

What is interesting is that since that case was heard I HAVE KEPT TO AND MAINTAINED THE £20 per month payments (bank statements to prove it)

 

LO AND BEHOLD as at today Feb 20th 2010 yes you guessed it, THEY HAVE AGAIN ISSUED A NEW CHARGING ORDER AGAINST ME and I have to appear in court AGAIN in April 2010. and they are doing this

I have evidence i have made payment and dont think they will get the charging order, i need advice for the following:

 

I am registered disabled and feel this is getting beyond a joke that this co can keep using the court sytem to try and gain a charging order against me when not only have I maintained payments but a court has already threw it out.

 

Can I SUE this company for what they are doing as it is causing me great stress as not only am i disabled but I am going through a divorce.

 

PLEASE HELP!

 

and if they dont have 100% EVIDENCE you have missed a payment. the outcome could be self distruction, or am i not getting it:confused:

 

cab

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you think i am making this up, i might be disabled but im not thick, on 31st march 2009 northampton said i have to pay £20 a month, no payments have ever been missed, they took me to court for a charging order and lossed because i brought up the mercantile v ellis case, if i had missed a payment then they would have been granted the order case closed, i pushed for LEAVE OF ABSENSE and was refused, why? the judge said it was duly noted and gave them the benefit of the doubt but not again, lo, we are here again, ive checked all my bank statements and have evidence every payment has been made, therefore this amounts to contempt!

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"calm down tiger"

and please: no need to insult yourself.

 

if the above post is refering to my post, let me break it down for you.

 

the court WARNED ADVANTAGE and advised me they had better never bring anything like this again against me UNLESS they have 100% EVIDENCE i have missed a payment and the action they take is JUSTIFIED. if the judge said this

 

THEY HAVE AGAIN ISSUED A NEW CHARGING ORDER AGAINST ME and I have to appear in court AGAIN in April 2010. and they are doing this

 

and if they dont have 100% EVIDENCE you have missed a payment.

 

and you have 100% EVIDENCE you have not missed a payment.

 

DONT WASTE YOUR MONEY TAKING THEM TO COURT. they are already taking you to court in april, use it against them.

 

cab

 

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cabine is right- you would be much better letting them take you to court an d then state your case

 

you can also ask for an order preventing them from making further claims against you without the permission of the court

 

in the meantime i would make sure |(if you have not already) that your standing order to them is paid around 7-8 days prior to the actual date that it is due to make sure a bank cock up does not trip you up

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i can use it against them i agree, but the law states there is nothing stopping them doing it again and again again and again and again, that i do know, i feel they will get their knuckles rapped and hey ho, off they trot and 6 months time they will do it again, what i want to do is find a way to STOP them and hurt them where it hurts most IN THE POCKET but there doesnt seem to be a way to do that as i cannot claim costs at the april hearing as i dont have any to claim, theyre paying.

Thats the problem i have! yes its harrasement and contempt but that doesnt mean any judge in the court will do anything apart from dismiss their claim for a charging order and thats why i am so keen to press for compensation or sue them, i just dont know how and neither does the court as they tell me i need to get the correct form doc and they dont know what it is, as they dont owe me money i cant sue them for money they dont owe me! DILEMAS!!

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cabine is right- you would be much better letting them take you to court an d then state your case

 

you can also ask for an order preventing them from making further claims against you without the permission of the court

 

tried that, any court would give them permission as the forms they complete for a charging order application doesnt require evidence only a tick box:evil:

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The reason i am so annoyed at this is that another creditor DID get a charging order because i missed one payment because i was in hospital having surgery, i gave the judge evidence of this and evidence i am disabled and evidence i am going through a divorce and also explained that it would be unfair to other unsecured creditors, the judge simply turned round and said, the LAW states, miss ONE payment on a CCJ and THEY GET THE CHARGING ORDER NO MATTER what the circumstances are, so i thought ok, and dealt with it and they also got £156 costs which is fair enough, these twats at advantage finance are chancing their luck and I have NEVER failed a payment and they have had their knuckles rapped, i even called them to ask what payment i had missed and they refused to speak with me, simply saying let the court deal with it and they also said, they will get the order maybe not today, maybe not tommorrow but one day, that tells me they are using the courts to do what they want and the worst of it is, they can!

 

I just need to find a way to say, well ive paid, each month, on time per the ccj and your chancing your luck, so lets get them for contempt and harrasement and ideally compensation for me, i am disabled and this is really stressing me out, i know ill win, i just need to be able to find a way to get these buggers FINANCIALLY.

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