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    • OK.  It is highly likely that you will get your money back and the recording will have helped you.   The way that Hermes work on these cases is that they normally try to stall you and to test your resolve.   If it goes the normal way, they will file an acknowledgment of service within the 14 day limit and that will then buy them a further 14 days. Towards the end of the 14 days they will then file their  defence. At that point you will have to make a decision whether or not to pay your further fee in order to go on to have a hearing. For the value you are claiming the fee will be about £80 although you need to check the county court website to be sure.   In their defence, Hermes will have indicated that they are prepared to go to mediation. Please read up what we have to say about mediation. Hermes will treat this as an opportunity to try and beat you down and to reduce the amount that they have to pay you. as long as you stand by your guns, they will eventually back down and they will pay you your entire claim including the fees in order to avoid going to to a hearing.   It is in respect of the mediation  the recording that you have will be helpful. Let me say that Trading Standards are wrong because in terms of establishing any legal right to the money, the recording is not relevant although it might sway a judge in your favour.   The real issues here are that you entrusted Hermes with your property for a fee and they breached the contract by their negligence and damaged it.   Frankly you didn't need to insure it because customers shouldn't need to insure against the supplier's negligence - but you did get insurance and that will place extra pressure o Hermes to settle for the full amount.   The other element which concerns me is that Hermes now take it upon themselves apparently to destroy other people's property when they themselves have damaged it through their own negligence. I don't think that they have the right to do this and it is very easy for them to try and avoid liability of losing something by then saying that it was damaged and so they destroyed ir - and without presenting any evidence of the damage or of the  destroying of the item.   Hermes are disreputable and people should avoid them.   Please read up on the Hermes threads and about small claims in the County Court and about mediation. We will be happy to help you all the way but I would point out to you that you have made 17 posts and taen up a considerable amount of useful time simply trying to get you to tell us the story and to post up some important documents. It was all so unnecessary.   I have read your claim form but it has now been hidden in order to protect you as you had left your personal details on it.   I suggest that you redact documents in the future.   Feel free to ask questions as you go along.   By the way, the 14 day period runs fro the date of deemed service of the claim which is about   2 days from the date of issue.   You issued on the 27th.  So count 14 from the 30th.  Monitor the Moneyclaim site closely and apply for judgment the moment it lets you. You never know, there is a remote chance that they may nor file an AOS - very remote.   There is also a remote chance that they may pay you out in order to get you to withdraw the claim.  The recording may have helped if they do.   Keep us updated
    • to prove I actually sold the car. I have resolved to go to court and the SAR shows all the notes on the account. The fraud department flagged this and despite all entreaties, they refused to release the money. The buyer has send across a screenshot of his bank statement and I have the sales receipt showing I sold the car. I have also asked DVLA for confirmation.    Do you know which legislation I can rely on please and which forms to use as I think I have all I need to show proof of legitimacy i.e.   1. Sales receipt (Issued by me to buyer) 2. Bank statement Screenshot (showing payment) and letter from buyer confirming they purchased the car. 3. Letters to CEO and their responses 4. SAR 5. Cover Note.    it has passed 80 days now and I believe if the NCA is involved it should show up in the SAR, in any event I don't mind engaging relevant authorities and showing the proof and transaction history.    thanks B-Bunch
    • Reading BN's man Richard North this morning, he's unimpressed with the new FTA with Japan.   https://www.turbulenttimes.co.uk/news/brexit/brexit-a-deal-we-can-do-without/
    • Read up on European Enforcement Orders and whether these can still be used in Brexit transition.   As you have come to realise buying online with a co.uk company can be risky, if they are foreign, with only a care of registered address in the UK.    
    • No at the time it was taken out my credit rating would’ve been fine. This card was my first credit card and I wouldn’t have had any loans at the time. It’s only really from this time onwards where things spiralled.   Also I noticed my old address was used at the time I took this out. Not sure if this has any relevance but I recall you asked this earlier in the thread. 
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Natwest charging order


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Hello could anyone shed some light on this please.I recieved a CCJ last year for a loan with natwest.Northampton county court set the repayments very high.I applied for re determination in my local court.My local court reduced it to what we are paying via Payplan.

Natwest then wanted a charging order,they finally got it in july,i defended it as best i could with good argument but the judge made his mind up as I walked in.In fact he new there solicitor,that was evident by the way they spoke to each other.To add he spoke to me like a peice of dirt.

Anyway i have only just recieved the final charging order paperwork an dont really understand it.

 

1. the debt is for a loan so interest was added to the loan on appliction.

2. we havent missed a payment , but judge didnt care.

3.there solicitors have had over £700 in costs during the ccj and charging order.

 

i have added in copies of the 2 ccj's and charging order.Could anyone help please.

ChargingorderreNatwestAug2011blanked.jpg

 

CourtClaimAndrewpay2872227-10-2010blanked.jpg

 

http://i1097.photobucket.com/albums/g344/mattyathers/ChargingorderreNatwestAug2011blanked.jpg[/img]"]

Andrew-natwestvariedccj05-01-2011blanked.jpg

 

 

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Hi ,I admitted the claim,so got CCJ.Have been paying this on time every time.Just dont understand why charging order was granted and what the charging order letter ( copy on the first thread) means.Are we going to lose our home.

 

Advice says if you keep up with a ccj they wont get a CO, but they got one.Advice says that forced sale is rare and that the creditor just wants security,but whats stopping them going for the house and whats stopping the same horrible judge grsnting them a sale.At wits end

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As you admitted the debt then you cannot apply to have the CCJ set aside.

 

A CO was granted as the CCJ was redetermined to a "forthwith" judgment allowing the Claimant to apply for a CO.

 

Is the debt in joint or sole names? Is you home owned jointly or on your own?

 

It is now technically possible for the Claimant to apply for an Order for Sale of your house but very, very unlikely unless there is a lot of equity in your home.

 

An OFS won't be granted if you are in negative equity or have young children living at the property etc.

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In that case the CO will be registered against your property as an "Equitable Charge".

 

This debt will now need to be repaid if/when you sell your home.

 

There is not much more the Claimant can do now they have the CO although like I said they can still technically try and force the sale of your house in reality it won't happen.

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The judgment was varied to a forthwith judgment, so the only way to comply with it is to pay the entire judgment in full. Obviously you haven't done this, so they were enabled to get a charging order. As mentioned, it is highly unlikely they will go for an order for sale, but for your own peace of mind you might consider applying to vary the judgment back to one payable by instalments as the only reason they wanted a forthwith judgment in the first place was to get the charging order which they now have. Alternatively, you can contact them and see if you can come to an arrangement to pay by instalments outside of the judgment.

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Hi thanks for the replies,the 3rd scan I posted was for the revised sum which was the figure I could afford.Am i right in thinking that is now the figure i pay until the debt has gone or we sell our house.What options do we have,i dont really understand the situation.

I will tell it the way I think it is,could you correct me if ive got it wrong.

 

Natwest's solicitors sent us court papers wnating the full amount,we filled in the forms admitted the debt and enclosed our income etc.We got a reply / CCJ from northampton court for a vast monthly payment £600 +, we applied for it to be re-heard at our local court.This court reduced it to the figure we could afford( the payplan figure).

 

Then natwest went for an interim charging order,then eventually a final charging order.So from what I can understand we pay the CCJ and if we default on it they could go for a forced sale.

Could somebody just tell us in easy steps if i am right,or what we could do now.

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Hi thanks for the replies,the 3rd scan I posted was for the revised sum which was the figure I could afford.Am i right in thinking that is now the figure i pay until the debt has gone or we sell our house.What options do we have,i dont really understand the situation.

I will tell it the way I think it is,could you correct me if ive got it wrong.

 

Natwest's solicitors sent us court papers wnating the full amount,we filled in the forms admitted the debt and enclosed our income etc.We got a reply / CCJ from northampton court for a vast monthly payment £600 +, we applied for it to be re-heard at our local court.This court reduced it to the figure we could afford( the payplan figure).

 

Then natwest went for an interim charging order,then eventually a final charging order.So from what I can understand we pay the CCJ and if we default on it they could go for a forced sale.

Could somebody just tell us in easy steps if i am right,or what we could do now.

 

 

Thats about the measure of it Andy but you should have defended the FCO as you was not in arrears with the installments or was you?

 

Regards

 

Andy

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Ok I understand the situation as follows:

 

 

You admitted the debt so CCJ was issued.

 

Part of the original Order was that payments be made in instalments at a rate of £XXX.XX per month which you could not afford and so you requested a redetermination.

 

Redetermination granted on 27th October 2010 for payments to be made at the more affordable rate of £XX.XX per month.

 

The Claimant was not happy with the new amount and so applied to vary the judgment to "forthwith" (presumably with the intention of applying for a Charging Order).

 

The Court varied the Order to Forthwith on 2nd December 2010 with a term that no enforcement other than a Charging Order allowed so long as payments of £XX.XX are made.

 

Interim Charging Order granted on 7th April 2011.

 

Charging Order made final on 21st July 2011.

 

 

So unless you default on the Order dated 2nd December 2010 no Order For Sale can be applied for by the Claimant.

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Succinctly assessed Gany.:-D

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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Hi andyathers

 

More or less in the same situation as yourself payin CCJ by installments for last 10 years never ONCE missed a payment and Defended my FCO to the hilt, no assignment document ever sent, quoted the law of properties act 1925 s36 & 196, then re opening of the original judgement in relation to the extortionate APR as it is a twelve year window, DCA had no Consumer Credit Licence when they first bought the CCJ AND collected on it for two years without a Consumer Credit Licence even though the OFT states it is illegal to do so, finally quoted Section 86(1) The County Courts Act 1984:

 

Where the court has made an order for payment of any sum of money by instalments, execution on the order shall not be issued until after default in payment of some instalment according to the order.

 

This was further considered in the case of Mercantile Credit V Ellis in The Court of Appeal 1987. It was found that the wording of the Charging Orders Act states quite clearly that no further action could be taken without a default in payment.

 

 

My case was presented Concisely,firm and to the point, but ALL fell on deaf ears, Do not want to be the bearer of doom and gloom but Like allot of people who use this site and end up in court, it seems it doesn't matter what the Law states its what the Judge decides that matters and as I was promptly told in my case I could appeal against the decisions but at what cost to myself, and although you know the Law is right is it really worth appealing and more cost to yourself only to be told the same thing yet again. Like you stated andyathers on a loser before you walk in the dam place (not a truer word spoken)

 

Now I know where the saying The Law Is An Ass comes from!

 

Don’t get me wrong allot of very good information and knowledgeable people who give very good advice on this site and quote laws that should be upheld in a court of law but unfortunately as most of us know that is not always the case, I spent nearly a year collating all my evidence from this site good , concise,and what the Law States to be true, but like I said when it went to court it meant nothing, very disheartening and demoralizing :-(

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I know I was lucky, but I managed to get an instalment order in place days before the ICO was granted. Although only a few payments had been made, my DJ stated that following on from Mercantile Credit v Ellis an ICO would not be granted if payments up to date.

 

Conversely the DJ who sat in on my original case DID NOT KNOW THE LAW!!!!

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