Help with a Charging Order

[Pen]

One piece of good news so far. I contacted court today and the STAY that HFC had got on my cliam has now been lifted and i have been adviced by the court to send them a request for judgement slip. I gather i just tear this of the original notice of issue and send it in. Sould I write a letter to go with it ??????

 

Fingers crossed everyone

[Pen]

Hi Guy's. I really could do with some help on this part please.

 

Called the court today and was informed that Judgement had been entered and that the judge wants a hearing in January. Not sure what this means.

 

I requested judgement cos HFC had actioned a stay on proceedings of my Data Information Claim.

 

Because i could not get hold of my data information I could not prove that I did not owe a debt for £1,300 which then got a charging order on it and is now in ecess of £9,000.

 

i have still not heard from the other court relating to my N244 application requesting any action on the charging order be suspended. Should i still follow this up or await the outcome of Januarys hearing?

 

Thanks guys

 

Pen

[Pen]

Not sure whats happened since my talk with the courts on Thursday as i have today received a letter from the court returning my request for judgement on the grounds that a defence has been filed, What!!! they have had a stay on proceedings for over 2 years and now when i get it removed they file a defence can the do this?????

 

Can anyone comment please

 

Pen xx

[Guest]

hi pen

 

bump

 

CPR state that 'proceedings can be continued if a stay is lifted'. so, it seems that upon notification of the 'lift'/request for judgement they entered a defence and the proceedings are now continuing?

[Pen]

Hi Ford, Thanks for the Bumb,

 

I called the court again on the Monday to see why i was sent the letter and when the other party put in a defence. Apparently the judge made directions from my letter requesting the stay to be lifted. I should not have been told to enter a request for judgement, apparently that was an error on the courts part hence why it was returned to me.

 

The defence the court has is the original defence back in 2007. It was after submitting this defence that they requested a STAY in proceedings! no new defence has been submitted, as i said at the beginning, they asked for the Stay and then not bothered communicating hence i got it lifted. They should by now have received a letter from the court informing them of the directions hearing that is set for January.

 

What i don't understand is why the judge has asked for a hearing??? surley if the other party have initiated a stay which has been on for 3 years and not done anything with it then they had no intention of doing so. What case can they have to anwser after so long. I'm unsure as to how this is working.

 

Can I now ask for both cases to be heard in the one court, ie n244 suspend action on a charging order and this Data protection one ???

 

Thanks ford

[Guest]

..

Edited November 4, 2010 by Ford
duplicate post deleted

[Guest]

hi pen

 

oh ok. IMO. it seems then that maybe the J wants a hearing to see what has being going on during the stay and to make directions. eg whether to continue proceedings as was is before, or...?

see for eg CPR 26.4 and Practice Direction 26 para 3.2

[Guest]

here's PD 26 para 3.2

Position at the end of the stay if no settlement is reached

 

(1) At the end of the stay the file will be referred to a judge for his directions.

 

(2) He will consider whether to allocate the claim to a track and what other directions to give, or may require any party to give further information or fix an allocation hearing.

 

justice.gov.uk

[Pen]

Thanks Ford, thats helpful. The usher said he wanted further info. ok i will just have to wait and see what happends at the hearing. i will keep you informed if anything else comes up re charging order

 

thank youuuu x

[Guest]

Hi Guys. ..........

 

Am I doing the right thing and if not what should i be doing to sort it out thats if it can be sorted.

..............

 

Thanks guys

 

Pen x

 

bump - anyone any further thoughts/advice? thanks.

[debbbbsy]

The company have gotten in touch stating they want paying and if not will initiate court proceedings which will involve the bailiffs. the debt has gone from £1,300 to £9,000.

If they are adding post judgement interest you can request a copy of the original credit agreement.

 

4 WHEN THE DUTY DOES NOT APPLY

4.1 Sections 77 to 79 set out a limited number of situations where the duty

to supply copies and statements does not apply.

• It does not apply to an agreement under which no sum is, or will or

may become payable by the debtor or hirer. It will therefore not

apply where the agreement has been paid off and terminated. It will

also not apply where judgment has been obtained, unless there is an

interest-after-judgment clause in the agreement which the creditor or

owner has not expressly waived. Where, however, the agreement

has merely been terminated, but monies are or will or may be

payable under it by the debtor or hirer, the OFT considers that the

 

Also, if the creditor makes a claim to further enforce the Judgement/agreement, the debtor can apply for a declaration of unenforceability.

 

So, as they have increased the debt, and added PJI, you can challenge any further threats. You can request that they produce a copy of the agreement, the T&C's must contain a PJI clause.

 

Southern & District Finance Plc v Turner [2003 - British and Irish ...

[Guest]

hi pen

 

how are things going?