Help Required - Charging Order

[scetch72]

right, need to turn my attention to tomorrow morning, so will say goodnight.Thaks for listening again, im sure im a huge pain, but this is the one and only debt i have, everything else paid up and on time, with money left over at the end of te month, things were really looking up and this has just knocked me for six. But im going to carry on and try my best. Thanks and goodnight

[Leakie]

HiScetch 72

I can only give you moral support, as I only have limited experience of court cases.

I had 2 court cases in 1month, the first one, I was on my own and I agreed out of court,

the 2nd I had a barrister representing me, and I was more confident and won

but after finding this site, the first case I would not have given in so easily, with the knowlage I have found here.

What I am trying to get across if you have no experience and no support , It is very daunting, but with support,(many from CAG) to support you it will be not so bad,

 

hope it works out OK

and I will follow this threadto the end

 

 

All the best

 

Leakie

[scetch72]

thank you for those kind words, im a lot better today, think the stress of a brand new class hasnt helped, but i will do my very best, someone is pulling a fast one somewhere and i will do my very best with the support to get something done about it.

[scetch72]

I hope someone can advise on this situation - a family member has raised the money to pay off the debt, do i accept it, pay it and get rid of it, or possibly carry on in the hope that any interest or charges are removed from the debt, I know its a nice dilemma because i have a way out, but the fighter in me wants to carry on to reduce the amount of the debt - so far received nothing from shoosmiths re cpr request. I must say thank you for every piece of advice i have received so far, without this site i would have already a ccj and charging order. I can't say thank you enough, especiallly debbbsy. I do appreciate it.

[debbbbsy]

Hi scetch,

You are now in a fantastic postion.

Just because someone else is prepared to pay, don't pay anymore then you have to. Wait & see how they respond, & then decide how to respond.

You have found the fighter in you, stick with it, get yourself the best possible deal. Okay, you may still end up paying (maybe not), but at the end of it, you need to feel you negotiated the best possible deal, not for yourself, but for this fantastic person who is prepared to help you out of this difficult situation.

 

Debsxx

[scetch72]

Yes i know im a very lucky son with a fantastic dad who's helping- but he said he will keep the money aside until they prove they are entitled to it - he suggests writing to ss stating that IF they can provide full and up to date details of the debt and how it has come about then they can have it - but would also copy this to the court, im damned if they are getting court costs etc for this. I have found the fighter somehow even before the offer, but i have a way out which i know some on here dont have so i feel very lucky, so now im fighting for me, my dad and others on here, time to pay back to to people on here by fighting these numbskulls!

[scetch72]

so for now i will wait and see what ss send, will come back if i receive anything and see what next steps are

[debbbbsy]

Yes i know im a very lucky son with a fantastic dad who's helping- but he said he will keep the money aside until they prove they are entitled to it

 

Sounds like your dad is a great guy. Do him proud.

Debs xxxxxxxx

[scetch72]

dont worry i will do, will keep informed if and when i receive anything from ss, will need a bit more advice should that happen

[scetch72]

ok, the 7 days have now passed for shoosmiths to reply to the cpr and i have received nothing, what is the next step? I would like to get into a situation where i can force them into some type of negotiation, as there is money available, but i refuse to give them any money until they can provide definitive proof of any debt.

[dx100uk]

its 14 working days

 

dx

[scetch72]

oh right, re-reading the cpr 31.14 letter that was posted on here which i used, it says they have 7 days in which to respond to the request.

[scetch72]

bit confused now 7 or 14? Like ive said i have back up now with the debt but want to have it proved with documentation, so would like to get into some type of negotiation to get this debt down as far as possible, i dont think going to court is going to be an option, i want to try and get this sorted before we get that far. any advice is seriously appreciated. many thanks

[dx100uk]

cca request is 14 working days.

 

the sar is 40 calander days.

 

what you have sadly done since the start of this tread is have some belief that was they have said they MIGHT do is correct & that all that they say is correct....it's NOT.

 

you are now playing a game of catchy slowly monkey.

 

you've batted them away as they've found out your not a mug to be fleeced by their [problem] letters.

 

for now....you need to wait.

 

they've now been firmly put in their place by you

they must play their cards or quit.

 

they will quit by default on the cca.

 

then you play your hand .... a nice big reclaim, but you need the info in the SAR to do that.

 

dx

[scetch72]

ok, so its the cca which is 14 days, what about the cpr 31.14 request which was sent to shoosmiths, that states 7 days to send back the documents they are going to rely upon, the cca request was sent to nationwide.

[scetch72]

im quite happy to wait though, just wanted to hurry the process along and be a thorn in their side really

[dx100uk]

hehe

 

been away and done some reading...its 7 days

 

this might help you too:

 

An order that unless within 14 days of the making of an order upon this application the Claimant complies with a request made by the Defendant on 27th July 2010 pursuant to CPR 31.14 by the provision to the Defendant of documents mentioned in the Particulars of Claim, namely the agreement, the claim shall stand struck out and the Defendant shall be at liberty to enter judgment against the Claimant without further order of the court with the costs of this case to be paid by the Claimant to the Defendant to be assessed on the standard basis and pursuant to the provisions of The Litigants in Person (Costs and Expenses) Act 1975.

 

The application is made because of the Claimant's refusal to comply with the Defendant's CPR 31.14 request and the documents are required owing to the age of the case and to enable the proper preparation of a Defence.

 

dx

[scetch72]

ok, i'll give them one day lee-way, so if i have nothing in mondays post - thats properly 7 working days, i start on the process of getting this whole clam struck out because they have not furnished me with the documents

[scetch72]

d day tomorrow, if nothing in the post, i will begin the next step- whatever that is!

[scetch72]

From reading on here, it seems many solicitors/debt collection places dont really respond to the cpr 31.14 request. Is the next step to attempt to get the whole claim thrown out, or are there other steps that you have to go through - would it be a good idea for me to write to shoosmiths to say that if they can provide true documentation i am willing to make a payment to them to satisfy the debt (if there is one) - i suppose i want this millstone to just go now and i can get on with my life. But I also want to carry on fighting and make shoosmiths and arrow globals life as uncomfortable as possible by striking while the iron is hot.

[scetch72]

ok, nothing received today and they have now exceeded the 7 working days asked for in the cpr 31.14, so my questions are, after reading extensively on here do i now hit them with the n244 - the one about making them give up what they have in 14 days or strike out claim, do i continue to wait and see what happens with the defence form that has gone in. I just feel they have been incredibly rude by not doing whats asked, and i want to make them pay! If i am to do anything id love to get it all sent for wednesday so any advice is greatly received.

[scetch72]

any thoughts? I know im rushing, i just know if the boot was on the other foot they would be in there straight away.

[debbbbsy]

would it be a good idea for me to write to shoosmiths to say that if they can provide true documentation i am willing to make a payment to them to satisfy the debt (if there is one) - i suppose i want this millstone to just go now and i can get on with my life.

 

Hi scetch,

I can understand your concerns, you want this resolved quickly. But the game you are playing requires patience & stamina (which as a teacher are attributes I know you must have ). The ball is now in shooo's court, you have done everything required, but you must give them the opportunity to respond. The longer they take, & any refusal to comply only strengthens your case.

 

Debs xxx

[scetch72]

yes i see what u mean, i suppose i want to get to that situation where i can negotiate or get rid. Where do i stand with relation to the cpr? Shall i just bide my time?

[scetch72]

still nothing received from shoo's, im presuming that they havent got anything otherwise i would have heard by now, cca request to nationwide has been in for around 4 working days as with SAR the same time. It will be interesting to see what they come up with, i so just want to beat them now, its more a battle rather than feeling ive lost already, they can now come and have a go if they think they're hard enough, thanks again for everyone who has helped me find this strength, goodness knows where it has come from. Cpr now 8 working days old.