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    • i point you to two threads whereby you'll see an explanation by andy (post 22 here) https://www.consumeractiongroup.co.uk/topic/410486-lowell-interim-charging-order-from-credit-card-debt-2009/?tab=comments#comment-4912902   and   https://www.consumeractiongroup.co.uk/topic/406428-remortgage-issue/   if yours says:    written notice of the disposition was given to XX Council ( - disposition = sold vis: disposed of) ..... notice means letter telling them it's been sold -    doesn't say it must be paid or settled BEFORE disposition..   that's the way i read it.          
    • dx100uk   You are absolutely correct. That's exactly what the wording is! And if that's the case then - happy days for me! However, I thought that:   1. This wording meant the conveyancing solicitor had to tell the council that the house was about to be sold so they were aware!   But you are saying that the council only needs to be informed AFTER the house has been sold? Can I tell the council that? [I think I've seen something on the internet that says I can, rather than the CS] Or do I need the conveyancing solicitor to contact the council?   2. That this wording wasn't a restriction K [as I'd looked at Schedule 4 of the Standard Forms of Restriction] and tried to match my wording to those listed - and thought restriction K was the closest.     3. That this was a non-standard restriction [and that's what the Land Registry told me too and that the restriction was not a Restriction K!!! [see extract below]   Please remember that when applying for a restriction not in standard form:   it must always contain the words ‘is to be completed by  registration’ rather than ‘is to be registered’. This will serve to make the effect of the restriction clear. The term ‘registered’, where used in any of the standard form restrictions, means the completion of a registrable disposition by complying with the relevant registration requirements prescribed in Schedule 2 to the Land Registration Act 2002 (rule 91(3) of the Land Registration Rules 2003), but this statutory definition only applies to standard form restrictions. Please note that we will not accept restrictions not in standard form for registration that contain the words ‘is to be registered’   So I'm confused now. IF it is a restriction K - then the conveyancing solicitor doesn't have to do anything and I can let the council know.   It seems it is dependent on the wording 'completed by registration' and 'is to be registered'???   Below is copied from Martin's MSE.   This relies again on the 'is to be registered' whereas my wording is ' completed by registration' which you say is restriction K and LR says is not.   I need to go to sleep now!   Thanks dx.   Extract from MSE below.   If your property is jointly owned a creditor will not be able to obtain a CO against you, they can only get what is called a restriction. The laws on Restrictions are totally different to Orders, the most important being there is NO OBLIGATION for you to pay any of the proceeds of the sale to the creditor. However, during the whole court process you go through the reference from all parties (especially the creditor) will be to charging order and NOT to restriction. This is done in order to deceive you believing you are stuck with a CO. However, not all solicitors are aware of the law in this regard and it is important that you raise this point with them in the first instance before proceeding with them Quote: Restriction The restriction which can be entered on the register where a charging order is made against one of joint proprietors is in the following form :- No disposition of the registered estate is to be registered without a certificate signed by the applicant for registration or his conveyancer that written notice of the disposition was given to [name of person with the benefit of the charging order] at [address for service], being the person with the benefit of /I]an interim[I/I]a final[I charging order on the beneficial interest of (name of judgment debtor) made by the (name of court) on (date) (Court reference.…).        
    • Hi Tony,   Please ensure YF does NOT acknowledge any debt  when confirming their new address.   They should simply state, " Please note my new address, as shown above."   Do not say anything about "a debt owed", or "the money you are chasing."   Do nothing that resets the SB Clock - ie acknowledging the debt and causing probs for the next 6 years. 
    • you ring you bank    
    • i suspect the charge on the Land registry site against the house reads:   2. (XX.XX.2007) RESTRICTION: No disposition of the registered estate is to be completed by registration without a certificate signed by the applicant or his conveyancer that written notice of the disposition was given to XX Council at P.O. Box XX, STREET, TOWN, POSTCODE, being the person with the benefit of a Charge under Section 22 of the Health and Social Services and Social Security Adjudications Act 1983.   ..............   that is a restriction k and is useless to the council, as all 'legally' your have to do is inform them AFTER the house has been sold . then it's too late money has gone.   dx
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file_wizzard

Mercantile CMC 18th October 10:00 a.m

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Please post here if your case has been transferred to London Mercantile Court and you wish to attend the first Case Management Conference on the 18th of October at 10:00 a.m

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Mines on the 13th.......so there!!!! In Bristol at 2pm if you want to come.


Its WAR

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hello all

 

i had a stay put on my case on 24th july. i filled out the n244 on 9th august to request the stay be removed and i have just today received the following:

 

General Form of Judgement or Order

Before DISTRICT JUDGE GREGORY sitting at Bow County Court, 96 Romford Road, Stratford, London, E15 4EG.

Upon reading the Claimants application dated 9.8.06

IT IT ORDERED THAT

1. The order dated 24.7.06 be rescinded.

2. The case be transferred to the Mercantile Court

Dated 21 September 2006

i have not yet recevied anything from the mercantile court. should i contact dan pope at the court and ask permission to sit in on the 18th oct?

 

cheers

peka

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peka

 

Yes, call Dan Pope. If your case was in stratford, we must live pretty close by , im in e3, mine was also transferred from there. If you giver dan a ring, he might tell you your case is already in with ours. Let us know what goes on

 

Lynz

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Mine was also from Bow, and from Judge Gregory, contact dan pope and ask to be included, the papers should be with the Mercantile either late this week or early next week

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thanks Lynz, File Wizzard.

 

i just phoned dan pope but he was out of the office today. i spoke with someone called alex who said he had just received my papers and was in the middle of drafting a letter to me, which i should receive on monday.

 

he also said that the judge would be looking at my application to stop my claim being transferred. this confused me somewhat as i hadn't made any such application. unfortunately i got a little bit tongue-tied and didn't press him on this. will wait and see what the letter says i guess.

 

by the way, not too far from you Lynz, i'm in hackney.

 

cheers

peka

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Mines on the 13th.......so there!!!! In Bristol at 2pm if you want to come.

 

I'd love to come but I ma working in Salisbury and doubt if I will be back by 2


Consumer Health Forums - where you can discuss any health or relationship matters.

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hello all

 

just received my letter from royal courts of justice group confirming that my case has been transferred to the london mercantile court.

 

they've got me down for a case management conference (with 13 others) on the 18th oct but it's at 10.30am and not 10am.

 

also, regarding costs, the last paragraph of my letter says:

 

Although some of these claims have been allocated to the Multi Track, is is the provisional view of the Judge that the costs rules for the Small Claims Track should apply to all of them.

 

i guess this means we will not be able to claim back costs at £9.25 per hour?

 

cheers

peka

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Hi

We have been trasferred to Mercantile from Bow by Judge Vokes. We haven't received anything else. We are going to do as BankFodder suggested and write those the OFT, the FSA and out MP. Should we be doing something else? This is against Barclays. Thanks.

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File Wizzard

 

Ive just checked my account and looks as if Ive been paid off :D

 

1639 from H off finance

 

Cant be from anywhere else really, but is H off ( heck off LOL) finance recognised?

 

What happens about the case then? Do I still turn up or what?

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File Wizzard

 

Ive just checked my account and looks as if Ive been paid off :D

 

1639 from H off finance

 

Cant be from anywhere else really, but is H off ( heck off LOL) finance recognised?

 

What happens about the case then? Do I still turn up or what?

If the claim has been settled in full then you should notify the court and they will withdraw your folio from next weeks CMC.

 

You could refuse to settle and still attend, but I would not recommend this.

 

So in short well done!!

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file wizzard

 

I have phoned the bank and they cant tell me where the payment has come from. Ill call again in the morning to see if I can get any further info from them - surely they should know if they hve paid me or not :rolleyes:

 

UNtil then consider me in, when I get any further idea, and if they vcan confirm that they have paid me, then Ill let dan pope know.

 

I take it at that, Im oout of the CMC am I?

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Will be watching with interest 2moro.Good luck


Allyxia

KEEP FIGHTING FOR YOUR MONEY - EVEN WHEN IT GETS TOUGH

The Banks are somewhere which lends you an umberella when it is sunny, and takes it away when it rains

 

HSBC £1200 - Settled in Full

Cap 1 2 X £100 - Settled in Full

Nationwide £1641 - Settled in Full inc Default and CCJ Removed by Court Order

NatWest £2215.60- Settled in Full and Removed Default Natice

Woolwich £3690 - Settled in Full

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Sorry to have to report that as of this evening Barclays have put me in a position where it would be deemed unreasonable for me not to settle before tomorrows CMC.

 

Obviously I cannot divulge full details, but needless to say that unfortunately I will not be attending tomorrow, and I have been suitably compensated for my inconvenience.

 

As a follow up both I, and I believe Bankfodder would still be very interested to hear from anyone who’s case is referred to the Mercantile Court, and who in the wider picture has little or no assets and would not be adversely effected if the outside chance of a costs order after a request for declaration became a reality.

 

Unfortunately (or fortunately) depends on which way you look at it! my present financial circumstance make it unacceptably risky for me to pursue this case in the way I would of wanted too.

 

A Rather bitter sweet victory by all accounts….

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I suggest very strongly that if your case is listed for the conference that you attent.

Also please please try to get the case number and name etc details of anyone else.

 

There must be at least 10 people who don't seem to be involved in this group whose cases have been transferred.

I would like to be able to contact all of them - so if you culd get neames and addresses or phone numbers or email, it would be very useful for everyone.

 

Full report from anyone who goes, please.

 

thanks


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Sorry to have to report that as of this evening Barclays have put me in a position where it would be deemed unreasonable for me not to settle before tomorrows CMC................

 

A Rather bitter sweet victory by all accounts….

 

 

Oh what a b****dy shame Chris - I thought you might a least get your day in Court:D - do I gather you've been offered confidentiality. :o . Glad that I didn't:D .

Goodluck Bankfodder on your quest, I sincerely hope someone slips throught the net - I'm desperately trying to persuade by lil ol' brother who has been stung rather badly by Barclays that I can get his money back. But little brothers don't tend to listen to big sisters now - do they?

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Oh what a b****dy shame Chris - I thought you might a least get your day in Court:D - do I gather you've been offered confidentiality. :o . Glad that I didn't:D .

Goodluck Bankfodder on your quest, I sincerely hope someone slips throught the net - I'm desperately trying to persuade by lil ol' brother who has been stung rather badly by Barclays that I can get his money back. But little brothers don't tend to listen to big sisters now - do they?

Hi Sara, hope your well, original claim was offered with confidentiality, but it was declined, secondary offer was made and because of terms yes unfortunately that part was confidential.

 

All I would say though is I spoke to KJ's boss, and Barclays seem to be fairly confident that they have suitably swept all their cases under the rug in time for tomorrow, (they were having a bit of a panic with me at 15:55, 5 mins before the court closed this afternoon!), I believe there are still some NatWest ones going ahead tomorrow though as others have been added to the list since last week

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Watching this space


Allyxia

KEEP FIGHTING FOR YOUR MONEY - EVEN WHEN IT GETS TOUGH

The Banks are somewhere which lends you an umberella when it is sunny, and takes it away when it rains

 

HSBC £1200 - Settled in Full

Cap 1 2 X £100 - Settled in Full

Nationwide £1641 - Settled in Full inc Default and CCJ Removed by Court Order

NatWest £2215.60- Settled in Full and Removed Default Natice

Woolwich £3690 - Settled in Full

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the suspense is killing me !


if my advice has been of any help to you then please click the scales ! Thank you :D

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Oh come on ...........

 

Bet they all down pub celebrating or something


Allyxia

KEEP FIGHTING FOR YOUR MONEY - EVEN WHEN IT GETS TOUGH

The Banks are somewhere which lends you an umberella when it is sunny, and takes it away when it rains

 

HSBC £1200 - Settled in Full

Cap 1 2 X £100 - Settled in Full

Nationwide £1641 - Settled in Full inc Default and CCJ Removed by Court Order

NatWest £2215.60- Settled in Full and Removed Default Natice

Woolwich £3690 - Settled in Full

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fraid i didn't make it either as i settled with barclays yesterday.

 

got back the full amount on my original claim and additional charges (which i had missed out or had been incurred after the claim was filed) all with statutory interest, plus all my court fees and postage/copying costs paid. i also made them take out the confidentiality clause.

 

will post a more detailed account with all my letters etc when i have a bit more time - (only have access to a pc at work).

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Glad you replied though.

 

Did anybody go to court today!!!

 

Im wondering if everybody was settled yesturday?


Allyxia

KEEP FIGHTING FOR YOUR MONEY - EVEN WHEN IT GETS TOUGH

The Banks are somewhere which lends you an umberella when it is sunny, and takes it away when it rains

 

HSBC £1200 - Settled in Full

Cap 1 2 X £100 - Settled in Full

Nationwide £1641 - Settled in Full inc Default and CCJ Removed by Court Order

NatWest £2215.60- Settled in Full and Removed Default Natice

Woolwich £3690 - Settled in Full

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Come on tell us what happened.


 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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Lively lad the suspense is killing you isnt it...........

 

Ha me too......

 

Its a shame that they were all offered sweeteners not to talk Im dying to find out what!!!

 

Do the banks think we are stupid insomuch , "yeh we may not talk but the very fact we've now gone quiet means you've paid up, our silence is telling!!!"

 

I hope the pay off have been worth it for people. I would have to have a pretty big pay off to keep my gob shut I can tell you hee hee!!!

 

Ok guys I guess here we go again...back with the stays...back to the delaying tactics....


Allyxia

KEEP FIGHTING FOR YOUR MONEY - EVEN WHEN IT GETS TOUGH

The Banks are somewhere which lends you an umberella when it is sunny, and takes it away when it rains

 

HSBC £1200 - Settled in Full

Cap 1 2 X £100 - Settled in Full

Nationwide £1641 - Settled in Full inc Default and CCJ Removed by Court Order

NatWest £2215.60- Settled in Full and Removed Default Natice

Woolwich £3690 - Settled in Full

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