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    • Hi folks,   Today I received a letter from my local County Court telling me that a judge has allocated this case to the Small Claims track and that it will be heard remotely in April 2021.  The directions given are that    Each party must deliver to the other party and the court copies of all docs on which they intend to rely no later than 14 days before the hearing   Original docs must be brought to the hearing   Docs sent must include the statements of all witnesses. There's a fair bit of stuff in the directions but it all looks fairly standard and much of it doesn't apply (maps, police statements etc etc) It also states that the claimant MUST pay the trial fee of £170 by March 2021. I assume from reading up on other cases that I do nothing for the moment but wait to see if they pay the trial fee and send the documents they intend to rely on?  
    • ok thanks is this more like what you mean?    The date of infringement? 29/9/20   2 Have you yet appealed to the parking company yet? [Y/N?] No   if you have then please post up whatever you sent and how you sent it and the date you sent it, suitably redacted. [as a PDF- follow the upload guide]      has there been a response? Give answer here   please post it up as well, suitably redacted. [as a PDF- follow the upload guide]   If you haven't appealed yet - ,.........DONT ! seek advice on your topic first.   have you received a Notice To Keeper? (NTK) [must be received by you between 29-56 days] No   what date is on it Give answer here   Did the NTK provide photographic evidence? Give answer here   [scan up BOTHSIDES to ONE PDF of the PCN and your NTK - follow the upload guide]   3 Did the NTK mention Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) [Y/N?] Give answer here   4 If you appealed after receiving the NTK, did the parking company give you any information regarding the further appeals process? [it is well known that parking companies will reject any appeal whatever the circumstances] Give answer here   5 Who is the parking company? City Permits LTD   6. where exactly [Carpark name and town] did you park? See map photo, Its leeds hospital  Algernon firth   .............................   parkingphotos.pdf
    • no every case could be different  hit create in the top red banner    
    • Forgive me, I figured because it was the same car park and the same company bugging me that this same legal tactic that has been employed would be put in use?
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
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Interim charging order and divorce!!


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My now ex wife has received a CCj(£12000) from her divorce solicitor and they have applied for a charging order on our former main residence which is rented out and has considerable equity.

 

Ex has many other debts and so do I

 

The full Charging order would give unfair priority and i could also argue that ex doesnt own much equity in the house due to monies she has already received, the divorce settlement is not over yet

 

I also have many unsecured debts that I am fighting and it would also give unfair priority to against my creditors(most are unenforcable CC) we both also owe HMRC a small fortune, whcih I pay from the rent

 

The divorce solicitors know the situation inside out and havent put any detail of other debts exs or mine on their claim form which is very naughty and I shall point this out to DJ

 

I now get on ok(ish) with ex and dont want to screw things up for her She couldnt cope with HCEO or bailiff visits if that were to be an option for the other side.

 

What are the options for EX's solicitors if (when) I get this set aside

 

I think I know how to fight this off but a bit of hand holding wont go amiss

 

The case is away from my local court and I thnk I would get a better hearing local as I have met up with several of the DJs on other matters (including divorce vs ex solicitors) and not lost yet

 

What are the best options for Ex ?

 

What is the best way to defend this?

 

upsndowns

Edited by upsndowns
typos
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Not sure what you can do here. I think we need more information, but TBH, I dont know what .

 

Are you saying your ex wife's divorce solicitor has put a charge on your ex home ?

 

If all your creditors for both of you werent mentioned at the hearing, then I would say that is definitely wrong. I will try and find some help for you.

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Not sure what you can do here. I think we need more information, but TBH, I dont know what .

 

Are you saying your ex wife's divorce solicitor has put a charge on your ex home ?

 

If all your creditors for both of you werent mentioned at the hearing, then I would say that is definitely wrong. I will try and find some help for you.

 

 

 

That's how I read it.

 

What is the CCJ for?

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The CCJ was for ex's solicitors bills for the divorce proceedings which as yet are unresolved, the plot thickens now however, they got ex to sign a deed of assignment for all of the propertydue in the divorce settlementso that they could get their cut first from the divorce proceedings

I view that they already have an agreement in place and they havent finished the job off yet as the financials still are not sorted out in the divorce ( we had a reasonable property business and a lot of potential equity in our former main home whcih I now rent to cover the mortgage

If they get their hands on a charging order I think they will go for an order of sale in the not too distant future inorder to get their hands on the cash and wont give two hoots what the sale price will be

 

The interim order /application did not have any details at all about other creditor and they very clearly know the detail inside out This is my main point of defence.

 

I today found out that they tried to get ex to sign a second charge document that would have given them full control of a house with alot of equity(potential) this was in return for dropping the claim,(very nice of them) they would then ahve had full controlto start an order of sale proceeding in 12 months if theex didnt pay it all off

 

shysters comes to mind and this is a top local firm!!

 

I have been litigant in person beating off them and 3 other cases(under another name) with the help of this site including a unfair repossesion claim and a high court sheriff overcharge in the high court

 

I'm well up for the fight but need to get my bearings around what they can and cant do

 

upsn downs (not on my own after all)

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