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    • Andy111
      General question about CCJ's if not enforced or extended after 6 years

      By Andy111 · Posted

      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.  So 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?.  
    • dx100uk
      Moneybarn - Termination Received, no default received and only missed 3 payments.

      By dx100uk · Posted

      whats the court claimform for? return of goods order? please complete this:  
    • dx100uk
      Caught shoplifting Sainsbury's but they also detained and kept M&S stolen goods

      By dx100uk · Posted

      std DWF letter. typically £157 something. lots of them here already doesn't say WILL anything. read it properly dx  
    • honeybee13
      Caught shoplifting Sainsbury's but they also detained and kept M&S stolen goods

      By honeybee13 · Posted

      Have you read our upload guide [click on the word] for advice on how to post up documents? Pdf files are best, jpegs won't be accepted. HB
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      Should we trust Sunak or the next PM to fix the Country's problems? (title revised 24/10/22)

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      Sunak's already had enough of travelling like the little people. Rishi Sunak flies back from Devon by helicopter after gushing about 'great' train travel - Mirror Online WWW.MIRROR.CO.UK Rishi Sunak told broadcasters: 'The train was great, I've been taking lots of pictures and videos' - but he skipped the 3-hour, £55 train home in favour of...  

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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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.

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      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
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

#repossessions : NR Repossession *Eviction Stopped*

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Ell-enn

Ell-enn

Posted
Posted

OK, can you print out proof of the payment you made last Thursday (internet banking?). You can take that along to the hearing with you and hand it to the judge.

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Ell-enn

Ell-enn

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Try not to worry too much (easier said than done, I know), but I'm certain you will be OK.

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Ell-enn

Ell-enn

Posted
Posted

There is no way you are going to lose your home when you have made a recent sizeable payment and can show you are able to maintain monthly payments going forward.

 

Honestly, you will be OK :) I have been involved in helping people in a much worse arrears situation than yourselves and they have kept their homes. Judges won't give lenders possession while ever there is evidence to show ability to pay. Have a read of some of the cases in the Repossession Successes at the top of this forum that should give you more confidence.

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worried-sick

worried-sick

Posted
  • Author
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I will have a look now. They seem to be being awkward. They could have rung last Thursday and told us but I have had to ring them. I know this mess is our own fault but I think they have been very unproffessional

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worried-sick

worried-sick

Posted
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OMG My hubbies firm have just paid the £1172 by direct payment for us!!! and he is to pay it back to them at an affordable amount each week. I have to ring NR later to tell them and to check that they have received it. They have also rang their own solicitors just in case we need them.

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Ell-enn

Ell-enn

Posted
Posted

That's wonderful news ! you are lucky to have such a caring employer :) Hopefully NR should be able to fax the court this afternoon to cancel the eviction, but if they don't you should attend the hearing and take proof of the payments made for you. DON'T take their work for it that they will cancel. You need to phone the court to check.

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worried-sick

worried-sick

Posted
  • Author
Posted

We will. We will go to the court anyway whatever they say because after todays conversations with them i dont trust anything they say. There are some really good people out there and you are included with them. I will let you know the outcome of it all tomorrow:-)

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Ell-enn

Ell-enn

Posted
Posted

OK, I'll draft up a short statement for you to hand to the judge tomorrow regarding the payments made on Thursday and today, and NR's acceptance of your proposal.

 

Back shortly

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Ell-enn

Ell-enn

Posted
Posted

You are absolutely right to go to the hearing ! the judge will not be best pleased with the way they have held you to ransom :(

 

Affixed is a short statement to hand to the judge at the hearing. As with the previous statement you will need to enter the info where there are XXX's. and print out 3 copies (and attach proof of payment to each one).

 

When you get into the hearing, the judge will speak to you first as it's your application - when he/she has finished speaking (don't interrupt him/her) you should say "Sir/Madam, can I please give you and up to date statement" - and then just hand it over. If there is a rep there for the other side hand them a copy too.

Worried sick statement for court.doc

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worried-sick

worried-sick

Posted
  • Author
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Thank you i am onto it now. Just rang NR and explined that the payment has been made but they are still been awkward in fact the were quite offhand informing me that without the proof of payment the eviction will still go ahead, so everything will be there tomorrow in triplcate

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Ell-enn

Ell-enn

Posted
Posted

I look forward to hearing your good news tomorrow :)

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worried-sick

worried-sick

Posted
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We have just got back from court and have come out smiling:-) but what a saga. Rang NR @ 8.15 this morning to check if the payments had gone onto our account. They said the £1650.00 had but not the other one! so they were going ahead with everything unless we could provide a bank statement to prove that the other payment had been made which was impossible as it was paid from my husbands employer but they did email me a receipt to show payment had been made. We went to court and met with their barrister! we explained the situation re the payments so he rang them but they were stll adamant he had to oppose the second payment. Anyways the judge laughed NR out of court and said that she would have been satisfied with just the £1650.00 payment and was appallled that they wanted more than that. I might add that their barrister was fighting our corner!!!

She has also advised us that if we think we are going to get into difficulty again to take it straight to court and not bother with NR as the court would help us more than them.

Thankyou for your help we wouldn't have known what to do without you. And anybody else reading this, if you can sort it fight them:lol:

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Ell-enn

Ell-enn

Posted
Posted

That's great news - Well done ! :)

 

(told you it would be ok)

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