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    • old and new threads merged i though you were going to send the SB letter in 2017? dx  
    • dunno you've not scanned up what you've had before how can we tell?  
    • Today , after a lot of years i received a letter from this lot. Very friendly, "Were writing to remind you that we haven't had any contact from you in a while".  The velvet fist, followed by  a veiled threat to get their preferred debt collectors involved. Yep dead right. In 1992/3 I took out a Student load under duress from DHSS. up to 2000 I had successfully gotten deferment on low income. But rather than sign on as unemployed ,I decided to be self employed. I applied and they asked for all sorts of documents. I obliged and then correspondence ceased from them, circa 2001. To date I have had no correspondence from Student Loans. I was made redundant in 2009 and reached 65 in 2012 , at which age the loan should have been cancelled. Now , today, 12 years on retirement and 11 ( at least years after last contact) I get a letter with veiled threats. Do I , as I smell a scam a) ignore it and hope that Erudio will think that this phishing attempt has failed or b) respond with a statute barred letter or c) remind them of legal terms that loan should be cancelled 12 years ago or d) combination of b) +c)      
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    • 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.  

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      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.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • 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
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Urgently need help


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A claim was issued against me on 02/11/2011. My acknowledgment of service was submitted on 10/11/2011, acknowledgment of service was received on 11/11/2011. Since I sent Admission with budget sheet to claimant didn't hear anything from court neither claimant. Not until couple of week ago I received a plain note from Northampton CCBC just saying as been tranfer to local county courtlink3.gif. Then I log in to moneyclaim and found out had A judgment was issued against me on 07/12/2011. So I phoned Northampton CCBC found out order to paid £xxx (I didn't receive the notification presume lost in the post) and been advised to phone local county court and find out further. Any advice and help needed please

Thanks in advance.

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Hi Debts

 

You shouldn't have sent your Admission to the Claimant but to the Court, they now have judgment by default.Why its been transferred to your local CC Im unsure?

 

Regards

 

Andy

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Hi Debts,

 

As with most things they are easily remedied. You can make application to have judgement set aside using the correct form, which will put you back in the position you want to be. Free of CCJ. Clearly state the mistake and more importantly that you were entitled to be notified of the hearing which if you were not aware happens all the time. Its a quick hearing, nothing to worry about and the judge will assist you fairly. Quite often if you are nervous or unsure there is legal advice and they will help you on the hearing day. Your judgement will be set aside and the register will be amended and your personal information updated and more importantly changed. Hope that helps you. Good luck.

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Well, she says she sent an admission of the debt. It's quite possible the creditor simply forwarded that to the court and judgment was entered.

 

It'll be tough to set aside an admitted debt, an application for redetermination may be more appropriate as it seems the OP sent a budget sheet with, presumably, an intention to pay by instalments.

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Hi Debts,

 

As with most things they are easily remedied. You can make application to have judgement set aside using the correct form, which will put you back in the position you want to be. Free of CCJ. Clearly state the mistake and more importantly that you were entitled to be notified of the hearing which if you were not aware happens all the time. Its a quick hearing, nothing to worry about and the judge will assist you fairly. Quite often if you are nervous or unsure there is legal advice and they will help you on the hearing day. Your judgement will be set aside and the register will be amended and your personal information updated and more importantly changed. Hope that helps you. Good luck.

 

 

 

 

There would have been no hearing as the OP admitted to the debt, hence they automatically get a CCJ.

 

The OP was correct to send the Admission to the Claimant.

 

I think the OP will struggle to get a set aside as they admitted. The OP could try the 'mistake' angle but I doubt a DJ will buy it.

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Hi Debts,

 

As with most things they are easily remedied. You can make application to have judgement set aside using the correct form, which will put you back in the position you want to be. Free of CCJ. Clearly state the mistake and more importantly that you were entitled to be notified of the hearing which if you were not aware happens all the time. Its a quick hearing, nothing to worry about and the judge will assist you fairly. Quite often if you are nervous or unsure there is legal advice and they will help you on the hearing day. Your judgement will be set aside and the register will be amended and your personal information updated and more importantly changed. Hope that helps you. Good luck.

 

 

 

 

There would have been no hearing as the OP admitted to the debt, hence they automatically get a CCJ.

 

The OP was correct to send the Admission to the Claimant.

 

I think the OP will struggle to get a set aside as they admitted. The OP could try the 'mistake' angle but I doubt a DJ will buy it.

 

The OP should just make the payments up that were missed and continue to pay at the rate set. That way the Claimant cannot enforce the CCJ.

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There would have been no hearing as the OP admitted to the debt, hence they automatically get a CCJ.

 

The OP was correct to send the Admission to the Claimant.

 

I think the OP will struggle to get a set aside as they admitted. The OP could try the 'mistake' angle but I doubt a DJ will buy it.

 

 

 

The OP should just make the payments up that were missed and continue to pay at the rate set. That way the Claimant cannot enforce the CCJ.

 

Hi Thanks for everyone support...

 

The problem is as I explained to creditor previously following with my situation now only afford to pay £1 token payment until further improvement. Any further advice or help before I receive local county court response be helpful pls. Thanks

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Hi Debts

 

You shouldn't have sent your Admission to the Claimant but to the Court, they now have judgment by default.Why its been transferred to your local CC Im unsure?

 

Regards

 

Andy

 

Hi thanks for reply...

 

The Claimant on 28/11/11 wrote to saying we have been notified of your recent admission and offer and write to inform you that we instructed Messrs Aplins(Solicitor) to reject your offer for payment. The reason for this is that we wish to apply to the Court to make an Order for payment of the full amount forthwith, in order that we can then apply for a Charging Order on your property.

 

There is no intention to seek to enforce the Charging Order, if obtained, by applying for an order for sale, nor to use it as a lever to try to force you to make payments you cannot afford. Our reason for wanting the Charging Order is simply to obtain some form of security for the large debt. If we are successful in obtaining the Charging Order we will be content to accept payments from you all the rate offered and in fact there is nothing to stop you commencing these payments to us now.

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Hi Thanks for everyone support...

 

The problem is as I explained to creditor previously following with my situation now only afford to pay £1 token payment until further improvement. Any further advice or help before I receive local county court response be helpful pls. Thanks

 

 

How much did the Court order you to pay?

 

Was £1 per month the offer you made on the Admission form?

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How much did the Court order you to pay?

 

Was £1 per month the offer you made on the Admission form?

 

I didn't receive the instalment notification (lost in the post) , yesterday Found out from Northampton order to pay £333.02.

On the Admission form I did

 

Thanks

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Right understood its been transferred out to your local CC because of the ICO (Interim Charging Order) This cant be dealt with by Northampton otherwise it becomes what is known as a " Hybrid " judgment,Have you received anything from the Land Registry re the ICO?

 

Regards

 

Andy

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Right understood its been transferred out to your local CC because of the ICO (Interim Charging Order) This cant be dealt with by Northampton otherwise it becomes what is known as a " Hybrid " judgment,Have you received anything from the Land Registry re the ICO?

 

Regards

 

Andy

 

not yet

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You have not officially been told its being transferred to your local CC as yet? Why did Northampton tell you to ring your local CC?

 

Andy

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Ok ring your local County Court and ask whats happening.I assume its to turn the judgment into a forthwith as they wont accept your monthly proposal.

 

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 OTHER

 

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Ok ring your local County Court and ask whats happening.I assume its to turn the judgment into a forthwith as they wont accept your monthly proposal.

 

Andy

 

properly as the letter from claimant did say wish to apply to the Court to make an Order for payment of the full amount forthwith, in order then apply for a Charging Order on your property.

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properly as the letter from claimant did say wish to apply to the Court to make an Order for payment of the full amount forthwith, in order then apply for a Charging Order on your property.

 

Yes it will be an hearing to push forward the ICO route.

We could do with some help from you.

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properly as the letter from claimant did say wish to apply to the Court to make an Order for payment of the full amount forthwith, in order then apply for a Charging Order on your property.

 

 

I don't see why they would bother as you have already/will shortly default on the instalment order so no need to vary to forthwith.

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I don't see why they would bother as you have already/will shortly default on the instalment order so no need to vary to forthwith.

 

I guess they know i can't afford pay the instalment as requested, then they are follow the stages by stages get to the end (Charging Order).

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I guess they know i can't afford pay the instalment as requested, then they are follow the stages by stages get to the end (Charging Order).

 

 

Sorry, just re-read this thread and their letter is dated November 2011 so you are already 3 months behind.

 

So there is now definitely no need to vary to forthwith and they can go straight ahead with the charging order application.

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  • 1 month later...

Hi Debts problem responding to your PM.

 

Objection to stage 2 of CO process can prove notoriously difficult and in most cases is a fait accompli unfortunately, however it is possible and have assisted posters in achieving this.

 

STAGE TWO - THE FINAL CHARGING ORDERThe second stage is the court hearing in front of the District Judge. At this hearing the court will decide whether to make a permanent charge on the property. This is called a final charging order. If you object to a charging order being made final then you should send the creditor and the court written evidence stating why you object. You should do this at least 7 days before the hearing. This could be in a form of a letter of objection outlining all the arguments you have for why the charging order should not be made. This should be sent by registered post to both the creditor and the court.

If you do this then your arguments should be taken into account by the District Judge at the hearing. You should still go to the hearing and if you do not send any written evidence then it is vital that you go.

 

Here is a thread success :- http://www.consumeractiongroup.co.uk/forum/showthread.php?306460-Charging-Order-Help-***CO-dismissed***

 

Regards

 

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 OTHER

 

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

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