Jump to content


  • Tweets

  • Posts

    • if the debt was issued a DN at anytime, then it should not be showing after the DN's 6th b'day, it gets removed from credit files. SAR time? dx    
    • Why would you do a Freedom Of Information Request? Thats for public and government bodies only...    Either way, this is what happens in debt collection. Accounts sold as a figure on a spreadsheet loaded into a system that contact people to pay until they give in .  They never send the original agreements with pruchase. And yes, please do name names..
    • I bought a rare collectible item from a friend in USA. I paid him via Paypal and had him send it to my forwarding address in USA. This is a business called Stackry which is essentially storage lockers that consolidate packages for you and you choose how and where to ship them, thus cutting on international shipping costs. I have done this many times before and never had an issue. On this occasion, I chose the option of Global Mail Direct. The package was picked up and handed to DHL e-commerce and I was able to track it all the way to the UK. From then on, it was handed over to Evri and a new tracking number was generated. Long story short, they lost it. The driver marked it "out for delivery" then 2 hours later "returning to sender". I was at home and no attempt for delivery was made. What followed was several weeks of back and forth with Evri through chatbots, emails and phone calls trying to locate the package and have it delivered to me. They said I should contact the sender. I explained that in this scenario I am the sender and the recipient. I did not get anywhere. I emailed the CEO and joined a Facebook group. I kept screenshots of everything. At no point did they make a genuine attempt to intercept the package or locate it or at least assure me that it's on its way back to its origin in the US. For several weeks now, the tracking is simply stuck at "on its way back to sender". They owe me £200 and I intend to get it. I do not care how long it takes or how much it costs me. I am prepared to fight this to the end. I wrote them a letter before action and sent it by tracked post to their HQ giving them 14 days to make things right before I take the matter to court. It has been a week now and I have had no response.  I have no experience with legal matters and I am hoping someone can guide me into what I should do next. Thank you.
    • Thanks Dx, Tbh, I’d forgotten that this account was the subject of a charges claim - nearly 10 years ago now! I don’t know for sure that a default notice was issued by Barclays when the account was in arrears but I would guess there may have been one somewhere in 2010. A suspended repossession order was awarded around May 2010 so I’d assume that a default notice would have been a pre-requisite. Based on the info in the thread those arrears were cleared around 2014-2015 but I don’t have any more info to hand atm since it’s such a long time ago. I believe the files I prepped for court in 2015 have since been shredded. How would the presence or absence of an old default notice help with this current issue? Thanks for the merge/support. J  
    • This is the full SAR documents that I received. It includes the proof that they deliberately chose not to give me a physical PCN at the time of parking. W3 SAR documents .pdf
  • 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

Charging order hearing


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4378 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

Hi,

I hope someone can help.

 

I have recieved notification for a hearing for a charging order against my property for a ccj of 15k.

In all honesty i buried my head in the sand regarding the ccj as it was at the height of the credit crunch and my business (sole trader) failed. I losy my livelihood and was in debt.

Anyway a year after the ccj a hearing for a charging order is going ahead.

I am in a slightly better position now. In that i have managed to find a job for which i earn approximately £800 per month.

 

I do own 2 properties one of which is where they are attempting to put the charge. However, im not in a position to sell either as one has subsidence and is an ongoing insurance claim and the other (chargiing order property) probably has £60k equity assuming i could get a 2007 price for it.

 

I would be prepared to give them an 'earnings attachment order' as i assume the payments would be low considering my £800 p/m wage. But they would probably say thats too low?

 

I would appreciate some help. I dont want a charge on my property and can begin to pay back. I hope that someone will give me some guidance on my best course of action.

The creditor is the local council from whom my biz premises were rented.

 

Thanks

Link to post
Share on other sites

Hello there.

 

How much is the best for?

 

Charing orders are quite a common method of enforcement for judgment creditors as it allows them security of knowing that they are likely to ge ttheir money back at some point in the future. Sadly, they are difficult to prevent and the vast majority of charging orders will become 'final' at the hearing. Although charging orders are commonplace it is uncommon for a judgment creditor to succeed with an order for sale - and you can give yourself some protection by asking the court to apply conditions to the charge at the hearing - such as no further action on the charge on the proviso that you pay an affordable instalment each month.

 

If you wish to try and prevent the charging order you should contact both the court and the creditor with your objections, this should be at least 7 days prior to the hearing date. For further information in relation to charging orders and the process we've a great fact sheet here:

 

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=15_charging_orders_in_the_county_court

 

Hope you find this information useful,

 

Best wishes,

 

National Debtline.

For Free, Confidential and Independent advice: 0808 808 4000

Monday - Friday 9am to 9pm // Saturday 9.30am to 1pm // 24-hour voicemail. Please leave a message to request an information pack. http://www.nationaldebtline.org // http://www.mymoneysteps.org

Link to post
Share on other sites

Hi Slide good advice from ND

 

 

 

Additional costs will be incurred should the Council apply for a Charging Order. The sums that you owe will also be subject to ongoing interest and later deducted from the proceeds of any future sale/re-mortgage and passed to the Council to discharge your debts.

 

Once a Charging Order is applied the Council may also take proceedings in the Courts to force the sale of the land/property.

 

If you have been sent notice of the Council's application for a Charging Order you should pay the total sum due immediately, or contact the Enforcement Section with regards to other options (AoE)

possibly?

 

Regards

 

Andy

Edited by Andyorch
Not relevant.

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

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Hi Slide good advice from ND

 

If I may add, the Council Tax that you owe is subject to a Liability Order and amounts to over £1,000 then the Council may apply to the County Court for a Charging Order to be placed on any land or property that you own.

 

Additional costs will be incurred should the Council apply for a Charging Order. The sums that you owe will also be subject to ongoing interest and later deducted from the proceeds of any future sale/re-mortgage and passed to the Council to discharge your debts.

 

Once a Charging Order is applied the Council may also take proceedings in the Courts to force the sale of the land/property.

 

If you have been sent notice of the Council's application for a Charging Order you should pay the total sum due immediately, or contact the Enforcement Section with regards to other options (AoE)

possibly?

 

Regards

 

Andy

 

It isn't council tax. It's unpaid rent on a commercial property. As an aside, there is no provision for charging interest on council tax anyway (and there would not be a ccj to allow post judgment interest either) so even if there were a charging order for council tax no interest would fall due.

 

Agree with advice that no chance of avoiding final charging order, but OP should try to get restriction attached preventing OFS if payments made.

Link to post
Share on other sites

The OP as not actually stated what the CCJ was for so:-

 

" The creditor is the local council from whom my biz premises were rented." the OP will confirm.

 

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

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

The mere fact there's a ccj at all rules out council tax.

 

 

Of course Gaston my mistake..

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

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Thank you for the replies, i appreciate them.

I can confirm the ccj was for rent.

 

There is some additional information but i doubt it will make a difference.

The original ccj correspondence was sent to the 'last known address' and not to where i was living at the time.

I understand from a search on the forums here that i would be unable to have the ccj set aside due to the likelihood of it succeeding. Which obviously it would there is no doubt i owe the money.

 

But, as i didnt receive the judgment and was unaware of it (i realised when i did an experian search on myself) is there anything i can do to stop the charging order. and take the matter back a step or two?

For example could i say, 'i didnt recieve the original paperwork. But, i accept that i owe the money can i pay in instalments?' is there a possibility then that i could do this instead of having a charging order put on?

 

BTW assuming they do put a charging order on will i then have to pay further interest on the debt?

Link to post
Share on other sites

Thank you for the replies, i appreciate them.

I can confirm the ccj was for rent.

 

There is some additional information but i doubt it will make a difference.

The original ccj correspondence was sent to the 'last known address' and not to where i was living at the time.

I understand from a search on the forums here that i would be unable to have the ccj set aside due to the likelihood of it succeeding. Which obviously it would there is no doubt i owe the money.

 

But, as i didnt receive the judgment and was unaware of it (i realised when i did an experian search on myself) is there anything i can do to stop the charging order. and take the matter back a step or two?

For example could i say, 'i didnt recieve the original paperwork. But, i accept that i owe the money can i pay in instalments?' is there a possibility then that i could do this instead of having a charging order put on?

 

BTW assuming they do put a charging order on will i then have to pay further interest on the debt?

 

 

 

Realistically the only way you can't stop the CO now is to apply to set aside the original CCJ as you were served at the wrong address and ask for it to be heard immediately before the FCO hearing.

 

That being said I don't fancy your chances...

Link to post
Share on other sites

I totally sympathise with the OP. As some of you know, I am going through the same thing. I have a quick question though. Does the Creditor have to have obtained a CCJ before applying for a Charging Order?

 

 

Yes.

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

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Correct Gany :roll:

 

Think I may now know why the court has suddenly gone against my creditor and postponed any action then. There was no CCJ. That must be what the Clerk was on about to my husband yesterday. Mystery solved, thanks guys x

Link to post
Share on other sites

Think I may now know why the court has suddenly gone against my creditor and postponed any action then. There was no CCJ. That must be what the Clerk was on about to my husband yesterday. Mystery solved, thanks guys x

 

 

 

Are you sure that's what it is? It shouldn't be possible to get a CO without a CCJ.

Link to post
Share on other sites

Okay so i was looking through all my old paperwork in order to cobble something together for a defence and i came across several reminders from council asking me to 'sign the lease' from recollection i dont think i ever did sign a lease with them.

 

Does this change anything? If so could i possible get the ccj removed completely?

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...