Jump to content


  • Tweets

  • Posts

    • Please see my comments on your post in red
    • Thanks for your reply, I have another 3 weeks before the notice ends. I'm also concerned because the property has detoriated since I've been here due to mould, damp and rusting (which I've never seen in a property before) rusty hinges and other damage to the front door caused by damp and mould, I'm concerned they could try and charge me for damages? As long as you've documented and reported this previously you'll have a right to challenge any costs. There was no inventory when I moved in, I also didn't have to pay a deposit. Do an inventory when you move out as proof of the property's condition as you leave it. I've also been told that if I leave before a possession order is given I would be deemed intentionally homeless, is this true? If you leave, yes. However, Your local council has a legal obligation to ensure you won't be left homeless as soon as you get the notice. As stated before, you don't have to leave when the notice expires if you haven't got somewhere else to go. Just keep paying your rent as normal. Your tenancy doesn't legally end until a possession warrant is executed against you or you leave and hand the keys back. My daughter doesn't live with me, I'd likely have medical priority as I have health issues and I'm on pip etc. Contact the council and make them aware then.      
    • extension? you mean enforcement. after 6yrs its very rare for a judge to allow enforcement. it wont have been sold on, just passed around the various differing trading names the claimant uses.    
    • You believe you have cast iron evidence. However, all they’d have to do to oppose a request for summary judgment is to say “we will be putting forward our own evidence and the evidence from both parties needs to be heard and assessed by a judge” : the bar for summary judgment is set quite high! You believe they don't have evidence but that on its own doesn't mean they wouldn't try! so, its a high risk strategy that leaves you on the hook for their costs if it doesn't work. Let the usual process play out.
    • Ok, I don't necessarily want to re-open my old thread but I've seen a number of such threads with regards to CCJ's and want to ask a fairly general consensus on the subject. My original CCJ is 7 years old now and has had 2/3 owners for the debt over the years since with varying level of contact.  Up to last summer they had attempted a charging order on a shared mortgage I'm named on which I defended that action and tried to negotiate with them to the point they withdrew the charging order application pending negotiations which we never came to an agreement over.  However, after a number of communication I heard nothing back since last Autumn barring an annual generic statement early this year despite multiple messages to them since at the time.  at a loss as to why the sudden loss of response from them. Then something came through from this site at random yesterday whilst out that I can't find now with regards to CCJ's to read over again.  Now here is the thing, I get how CCJ's don't expire as such, but I've been reading through threads and Google since this morning and a little confused.  CCJ's don't expire but can be effectively statute barred after 6 years (when in my case was just before I last heard of the creditor) if they are neither enforced in that time or they apply to the court within the 6 years of issue to extend the CCJ and that after 6 years they can't really without great difficulty or explanation apply for a CCJ extension after of the original CCJ?.  Is this actually correct as I've read various sources on Google and threads that suggest there is something to this?.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

MBNA CCJ/CO (Rest K) - sold to Marlin


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 1138 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

One thing to watch for is unless the court order specifically states they can add contractual interest then they can't. Often a DCA in particular will attempt to add charges and interest when they are not entitled. Keep the court order safe somewhere in case you need to refer to it sometime in the future.

Link to post
Share on other sites

  • Replies 625
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Thanks for your help cerberusalert here's the link!! Hope you can give me some good news lol!!!

 

http://i980.photobucket.com/albums/ae289/tuvelpit69/jment1.jpg

 

Still waiting for the worlds bank one!!! Not sure what they're up to as both claims were same date!!!

Edited by bilious
Link to post
Share on other sites

All they claimed for was the accrued interest up to the court claim not any statutory interest afterwards... so the judgement against you would not include any interest after the judgement. ;)

 

Ergo all you have to pay is the amount awarded on the judgement at the rate determined on the later order.

Link to post
Share on other sites

so can they now pass this ccj onto another DCA? and all the calls etc start again?
If they sell it on the DCA has to apply to the court within a specific period to have it transferred to their name. They cannot alter the terms of the court order without a redetermination hearing and as long as you keep to the payments as ordered by the court it is unlikely that they would apply.... even if they did it is even less likely that the court would change anything.

 

If a DCA contacts you trying to pressurize you into increasing payments or adds interest or fees they could be sued for harassment & also possibly be in contempt of court.

Edited by cerberusalert
Link to post
Share on other sites

You are a gentleman!!!! Good bit of news for once for me lol, just waiting for the other one from the worlds bank, now... and they have been the worst to me lol, not sure why theirs seems to be late as both were due on the same day/ timeframe?

Link to post
Share on other sites

Some more advice please!!!

 

Seems mbna are not going to accept the judges finding they've asked for the case to be transfered to a court near them for re-determination? now suspicious as i am does this mean it's a friendly court to mbna? why else would they want it over 100 miles from where i am? and does this mean i'll have to travel there because i can't afford to?

 

Hope you can help with this as it seems i'm going to get steamrollered with this one!!!

Link to post
Share on other sites

You can contest the change, by saying it will ramp up YOUR legal costs and expenses and the case should be re-determined at the original court.

 

It is an abuse of process to have a hearing at a court away from the Defendant's jurisdiction if they have entered a particularlised defence...

 

MBNA are trying it on here and need to be slapped over the wrist.

Link to post
Share on other sites

How do i go about this? Seems very suspect to me that they want it transfered from northampton to wandsworth! fair enough i added my i&e with what i can afford and they seem hell bent on trying to get more, blood out of a stone principle here...And how worried do i need to be yet again?

 

Next thing is the letter says it has already been transfered to the other court dated three days ago! shouldn't i have been notified!

Edited by bilious
Link to post
Share on other sites

Next question any idea what these idiots are up to? do they want more money when another creditor has agreed to the same amount (won't that affect it, as they want me to then favour them over another?)Or are they trying for the house route?

 

Sorry to be a proverbial pain here but how likely are they to win a re-determination, spkoe to a chap at the other court and all he said was (send us an e-mail and we'll arrange for it to be heard at a nearer court, and not the original court where it was heard!) Any advice please getting really nervous now...

Edited by bilious
Link to post
Share on other sites

Hi sorry sillygirl the chap i spoke to was at wandsworth and he said send them the e-mail and they'll transfer it? which i have done, just want to know what they're up to and obviously what they are after!!! Should i still send one to the local court to make sure?

Link to post
Share on other sites

  • 3 weeks later...

Well had an e-mail today that they have agreed to transfer the, claim to my local court which will save me a lot of effort! now will a judge look at this again then decide to uphold what i can pay or is he likely to try and get me to pay more?( Which is obviously what mbna want..) Any views?

Link to post
Share on other sites

Hi billious,

Sorry I have not been around much busy with work etc. Got your PM:-)

 

I really would not worry about the re-determination hearing. Take all your paperwork with you refering to the judgement and the full list of your households income and expenditure. Take wageslips to prove your earnings.

 

I cannot see a judge altering the first judgement. If he does it won't be by much. The bank is just trying it on and the judge won't take to kindly in them wasting court time on a judgement that is already in place.

Link to post
Share on other sites

Thanks wino. Just the seeds of doubt creeping in and when you read, and read and then think i'm going to get rolled over here etc.. But my other creditor has accepted the payments and they are only a thousand less than mbna, wont that be favouring one over the other? Plus will i have to attend or will they do it like the first one?

Link to post
Share on other sites

You don't have to attend but I personally would attend. It gives you chance to show the judge that you are trying to sort things out. You will be called into the Judges chambers where you will sit at a table with the Judge and whoever is there (if anyone) to represent the bank.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...