Jump to content


  • Tweets

  • Posts

    • you IGNORE THEM. stop being had blind nothing anyone can do to you. dx  
    • Which Court have you received the claim from ? Name County Court   MCOL Northampton N1 ?yes Manual Claim CCMCC (Salford) ? New beta WWW.MONEYCLAIMS.SERVICE.GOV.UK ? Yes If possible please scan redact and upload a full page copy of page 1 of the claim form. (not the response page or AOS)     Name of the Claimant ? Give answer here Lowell How many defendant's  joint or self ? Give answer here Self 1 Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. Give answer here 08 may  ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total   Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total)  if your defence filing date falls on a W/End, you must file by friday @4PM     Particulars of Claim   What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down. state how many digits the account number has.. Give answer here  the claim is for sum of 1650£ due by the defendant under an agreement regulated by the consumer credit act 1974 for capital one account with an account reference of xxxx tge dependent failed to maintain contractual payments required by the agreement and a default notice was served under s87(1) of the consumer credit act 1973 which has not been complied with the debt was legally assigned to the claimant on 18/03-21 notice of which has been given to defendant  the claim incudes statutory interest under s69 of the county court act 184 at a rate of 8%per annum from the date of assignment to the date of issue of these proceedings in the sum of 132£ the claimant claims the sum of 1782£   What is the total value of the claim? Give answer here 1977£ Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Give answer here Not sure  received a letter on 24 march stating Letter of claim- you have 30 days to prevent legal action Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Give answer here No Did you inform the claimant of your change of address? Give answer here Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Give answer here Credit card When did you enter into the original agreement before or after April 2007 ? Give answer here After Do you recall how you entered into the agreement...On line /In branch/By post ? Give answer here Online Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Give answer here Yes Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Give answer here Debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? Give answer here Unsure Did you receive a Default Notice from the original creditor? Give answer here Unsure Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Give answer here Not that he recalls Why did you cease payments? Give answer here Lost job What was the date of your last payment? Give answer here Feb 2023 Was there a dispute with the original creditor that remains unresolved? Give answer here No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Give answer here No What you need to do now.    Answer the questions above   If you have not already done so – send a CCA request to the claimant for a copy of your agreement (If Applicable) (except for Overdraft/ Mobile/Telephone accounts)   Send a CPR31.14 request to the solicitor named on the claim form for copies of documents mentioned/implied within the claim form. There are two different versions - one for Loans/Credit cards the other for Current accounts   Request 1 - Loans/Credit Cards     Request 2 - Current Accounts     You may use a CPR part 18 request for any other information (not request documents) that you might require in order to defend yourself. Please note that CPR 18 is specifically for Fast Track claims and although technically the claim has yet to be allocated to a track the claimant may refuse to comply for this reason.   If you require CPR Part 18 - this will need to be drafted specifically.   If you are not planning on defending for one reason or another – then you will need to complete an Income and Expenditure form and contact the Solicitor with your proposal. The N9a is already enclosed in the claim pack for Admittance which should be sent to the solicitor named on the claim form   If you are considering making a partial admittance N9b must be completed and returned to the court. Please note in most cases a partial admittance will result in an automatic CCJ for the amount admitted.   You have received a Claim - What you need to do.pdf1.33 MB · 241 downloads     Before Printing the PDF TIP   If you DO NOT wish to print Page 1 (Cover Page) of the PDF, please ensure to do the following:   Ensure you go to your Printer Settings and set it to 'Print from Page 2' (this way Page 1 (Cover Page) should not print out).   Note: This will save you Ink & Paper    
    • 3 threads merged for complete history of your debts. i suggest you re read from post 1 again. what are you doing still blindly paying a DCA on a historic debt?  
    • Hi, I have an old outstanding debt from 1994 due to MBNA for £20,000. The debt has been passed to various DCAs and is currently with PRA Group.  I sent them a CCA letter in January 2024. They acknowledged this letter and stated they would come back when they had more information, however the information did not arrive within the 12 working day scenario.. I have just received a copy of the agreement which goes back to 1994 from them. In their response letter they have stated " Please find enclosed documentation received to date: we are waiting further documents in order to complete your request. We have currently deemed this debt as unenforceable which means we are not able to take court or further action against you to recover the outstanding balance". They then go on to state "we are still legally entitled to:  1.Contact you to ask and repay what you owe 2.Pass your details onto a third party collection agency 3. Continue to report your account with the credit reference bureaux (as appropriate)". I'm at a loss as to what I should do next and would appreciate any guidance on this matter. I am currently paying £5.00 pcm. TIA      
    • A sinister tactic known as shoulder surfing is on the rise in the UK. Fraudsters are watching unwitting people log in to their mobile banking apps over their shoulder.View the full article
  • 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

Restriction K's


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4658 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

Why is this degenerating into an academic debate instead of pro actively helping people who are often in a terrible state?

 

A very good point.

 

At least we know some interesting facts.

 

Between Jan and March there were 313,996 money claims in the county court, of which 28,106 applications were made for charging orders. 24,006 of those orders were made final and only 122 orders for sale were made.

Link to post
Share on other sites

  • Replies 281
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Borrowing sole name..property Joint names.

The Interim Charging Order has resulted in a simple RESTRICTION being placed by the Land Registry, which research says is basically meaningless .

I was going to contest the Final Charging Order with among other things, the fact that NatWest had not listed, let alone contacted other creditors as required under The Charging Orders Act, but I am just wondering if I do this am I opening a can of worms? Should I just enter a basic mitigation and let the Charging Order become final, leaving just the one meaningless RESTRICTION?

Link to post
Share on other sites

Purely as a result of this article, I am today drafting my objections to the CO application. I am going against my sols advice! But, the contributions on this thread have given me, at least some hope. I would like to thank in particular, eggboxy1 - and all other contributors.

Rather than accept the inevitable so to speak, surely it has to be worth a shot. cymruambyth has proved that. Many thanks from a taffy for sharing with us your CO defence. It has given me some good pointers.

Sometimes, a shared positive attitude can have a dramatice effect.

 

My thanks to the Forum:-)

Link to post
Share on other sites

Would there be any merit in telling the court that I have been offered a potential 'deal' before hearing takes place? Why are homeowners treated differently from tenants. If I understand correctly, this action would not be possble if I was renting accomodation. It seems disproportionate. Appreciate any feedback.

Link to post
Share on other sites

Having had a good read around this place and others, I thin a CO is not as bad as it seems, particularly with one alternative being bankruptcy and probably certain loss of your property. If its only a restriction, even better.

 

A question for sequenci in particular (or anyone else who knows), would a voluntary CO ever be a good option (with an agreement of no sale if payments are kept up) and could it be arranged before going to court in order to stop any court proceedings?

 

BF

Link to post
Share on other sites

Good question, and yes a vol charge is often a good option in certain circumstances. You call the shots with the terms so you cna ensure interest is frozen, no orders for sale, that kinda thing. We often suggest these for the asset rich and cash poor - lots of retired people so that they don't have to consider terrible equity release schemes which will leave their children little or nothign at all.

Link to post
Share on other sites

Good question, and yes a vol charge is often a good option in certain circumstances. You call the shots with the terms so you cna ensure interest is frozen, no orders for sale, that kinda thing. We often suggest these for the asset rich and cash poor - lots of retired people so that they don't have to consider terrible equity release schemes which will leave their children little or nothign at all.

 

Thanks. Are creditors normally receptive to doing this, or would they rather take it all the way to court and get a CO without any conditions being attached?

 

BF

Link to post
Share on other sites

Thanks. Are creditors normally receptive to doing this, or would they rather take it all the way to court and get a CO without any conditions being attached?

 

BF

 

That's really a great question, I guess it's all down to the creditor. As you can imagine some can be a complete pain in the neck whilst others seem to be pretty reasonable. The majority of cases where a voluntary charge might be useful is for those in senior years who may now have limited income. I guess creditors know that they may not have to wait too long for their money!

Link to post
Share on other sites

That's really a great question, I guess it's all down to the creditor. As you can imagine some can be a complete pain in the neck whilst others seem to be pretty reasonable. The majority of cases where a voluntary charge might be useful is for those in senior years who may now have limited income. I guess creditors know that they may not have to wait too long for their money!

 

Good point. Thanks sequenci.

 

BF

Link to post
Share on other sites

Great thread. Just wanted to add for those looking in if they are going to fight a charging order - take any case law that you feel *might* crop up during your hearing - it's better to take more than you need..something I wish I had when my dj agreed with MBNA/Restons could add the 8% interest to my credit card debt. My dj clearly needed to be "educated" in this area. But having said that, since I have a Restriction, it's not too much of a concern.

 

Also, I plan on putting my house on the market next spring but I think I'll make finding a clued up solicitor my priority now...thanks so much to Egg & Sequenci - all your advice gives people like me some confidence!

Link to post
Share on other sites

Hi Sparkly!

 

I wish you well too. I've just been notified on another thread to have a look into what was termed the "Northern Rock Fiddle"?

 

Apparently NR aggressively pursued CO's and OFS when it fell into trouble and (so the contributor states) hundreds of people found a way out of their problem?

 

I'm assuming it's what we are talking about on here but anyone else heard of it?

Link to post
Share on other sites

Thanks. Are creditors normally receptive to doing this, or would they rather take it all the way to court and get a CO without any conditions being attached?

 

BF

 

Most creditors would be willing to make concessions in return for a voluntary charge - especially those who are only interested in taking court proceedings specifically to get a charging order. Remember that, in the case where the underlying debt is an agreement regulated by the Consumer Credit Act, if they get a judgment no further interest will accrue and therefore neither will interest be added to the charging order. Therefore it will be legitimate to propose that, if you are prepared to grant a voluntary charge, the sum charged should not be subject to interest. In fact, voluntary charges are sufficiently attractive to creditors you could even try and negotiate a lower figure.

 

It's not always easy to get voluntary charges registered though, particularly where the first mortgagee is required to give consent first (which is identified by the presence of a relevant restriction on the Land Register). Some lenders are notoriously awkward at giving that consent in which case the only option then for the creditor is a CCJ and CO.

Link to post
Share on other sites

My question seems to have got lost with all the advice here...anyone with any thoughts?

Borrowing sole name..property Joint names.

The Interim Charging Order has resulted in a simple RESTRICTION being placed by the Land Registry, which research says is basically meaningless .

I was going to contest the Final Charging Order with among other things, the fact that Natwest had not listed, let alone contacted other creditors as required under The Charging Orders Act, but I am just wondering if I do this am I opening a can of worms? Should I just enter a basic mitigation and let the Charging Order become final, leaving just the one meaningless RESTRICTION?

thanks

Link to post
Share on other sites

My question seems to have got lost with all the advice here...anyone with any thoughts?

Borrowing sole name..property Joint names.

The Interim Charging Order has resulted in a simple RESTRICTION being placed by the Land Registry, which research says is basically meaningless .

I was going to contest the Final Charging Order with among other things, the fact that Natwest had not listed, let alone contacted other creditors as required under The Charging Orders Act, but I am just wondering if I do this am I opening a can of worms? Should I just enter a basic mitigation and let the Charging Order become final, leaving just the one meaningless RESTRICTION?

thanks

 

Other creditors don't seem to object to another creditor going for a CO and (from my experience) it's not something the Court tends to worry about too much, either, if the other creditors have been notified (so I wouldn't be too concerned about opening a can of worms.)

 

And whilst I would have to concede its an awfully long shot; the Judge may decline Natwest their CO until they have notified other creditors and they may not return to Court? (I wouldn't hold my breath but sometimes delays stop things going ahead completely?)

 

And it's always worth attending Court to put in an objection to try and limit what the creditor gets away with (eg: not getting done like Sparklyfairly did who had interest incorrectly added to her debt!)

Link to post
Share on other sites

Thanks Clynite!

 

As you will see I contributed to that thread towards the end but I missed bluback's reference to NR at the beginning.

 

Ha! I was going to mention that to you, egg - it's a shame Bluback doesn't seem to post anymore - but it is so well explained on that thread by both of you - clarifies it all - almost thought you guys were one in the same!

Link to post
Share on other sites

As a result of the case 'Mercantile Credit Co Ltd v Ellis in 1987', a CO application will not be allowed if instalments have been paid, post judgement. This is as long as the instalments are a formal arrangent via court order. At least thats my understanding.

 

What if, instalments have been paid in this fashion without the formality of a court order? Can the above argument be used in principle?

Any views appreciated.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...