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    • thread title updated. so a sold debt. who are the solicitors? TM legal? why didn't ovo do this themselves as they do but chose to sell the debt on for 10p=£1? funny debt you state you reived a letter of claim, why did you not reply too it.? also is there is no indication of the date this bill comes from on the claimform? how do you know its from 2022? what other previous paperwork have you received? please scan page 1 of the claimform and bothsides of ALL previous letters upto one mass pdf read upload carefully. .................. pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’. Choose ‘Create sign in details’ to register for the first time. You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID. You should make a note of your memorable word, or password as these are not included in the email.  then log in to the bulk court Website https://www.consumeractiongroup.co.uk/topic/466952-lowelloverdales-claimform-old-cap1-debt/?do=findComment&comment=5260464 .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant] ... https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ type your name ONLY Do Not sign anything .do not ever use or give an email . you DO NOT await the return of ANY paperwork  you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] ..............  
    • Thank you again. I'm hoping it will come out in the wash and will endeavour to check my online account. I'm a bit unsettled by not hearing from Booking.com but the host is sounding helpful at the moment. HB
    • I've just remembered that a friend of mine had bookings cancelled on Booking.com about a month ago - and the good news is that all worked out in the wash. I'm at work now but will scribble properly in a couple of hours with the full tale.
    • Thank you Dave. I've had nothing from Booking.com, just a message via the site from the host. I know I need to check my bank account, just trying to resolve some technical issues. HB  
    • Which Court have you received the claim from ? Civil National Business Centre Name of the Claimant ? JC INTERNATIONAL AQUISITION How many defendant's  joint or self ? Self Date of issue – 22 May 2024  Particulars of Claim What is the claim for – 1. The def owes the claimant £300 in respect of gas and electricity charges supplied by OVO. 2. Debt was assigned to the claimant with notice given to the def. 3. Despite formal demand the def has failed to pay the debt and the claimant claims £300 and further claims interest pursuant to s69 of the CCA 1984. What is the total value of the claim? £385 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Energy debt When did you enter into the original agreement before or after April 2007 ? After Do you recall how you entered into the agreement...On line /In branch/By post ? Moved home and they were the current energy supplier  Is the debt showing on your credit reference files (Experian/Equifax/Etc...) ? No 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. Debt assigned to JC International Were you aware the account had been assigned – did you receive a Notice of Assignment? Not sure probably  Did you receive a Default Notice from the original creditor? Again can't remember but probably  Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No Why did you cease payments? Changed supplier What was the date of your last payment? Never  Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No
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NRAM - Interim Charging Order- Advice needed please


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Hi,

Long story which started with the following threads regarding mine and my wifes loans with Northern Rock

http://www.consumeractiongroup.co.uk/forum/showthread.php?198906-Court-Case-2-Northern-Rock

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?201020-Court-Case-3-Northern-Rock-(-Eversheds-)

 

The main crux of these cases was to do with PPI being added, and to cut a long story short we ended up settling the day before court and a Tomlin Order was issued for both myself and my wife.

 

As this was before it became widely known of the PPI [problem], we incurred a lot of costs due to the track decided by the judge, and for risk of having more costs, we settled...naively!

 

We made payments up until April last year when I was made redundant for 4 months, and to be hones...I think both they and we forget about it for 8 months before they came looking again.

 

We are 4 months in arrears with the mortgage due to the redundancy,have never caught up unfortunately, so these debts were not a high priority despite the Tomlin.

 

Now however, they have gone straight for an interim charging order.

I found this out from a 3rd party lowlife company offering to help.. I had no idea and the court papers didnt arrive until nearly 2 weeks later.

 

I dont know what to do next to be honest.

The irony is that the PPI we are now claiming back may well cover the debt owed.. andI am wondering if this is justification for obtaining a set-aside...or having the proceedings stopped?

 

Any help would be gratefully received and appreciated. I have uploaded all the documentation I have received recently, including one from the land registry.

 

The mortgage is in both names, so I believe they cannot obtain a full charging order? They have also written to my wife to say her ineterests wont be affected (not sure what means..or how they work that out?)

 

The hearing is on the 10th July, so any advice or pointers would be great

Solictiors letter to Mrs.pdf

Interim Charging Order.pdf

Application for Charging Order.pdf

Solictiors letter to Mr.pdf

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Good Afternoon,

I never received any kind of documentation regarding a CCJ... should I have before the interim charging order was obtained?

Is the Tomlin Order a way of them automatically obtaining a CCJ?? How do I find out if I even have one???

 

Confused!

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Hi Lux

 

You would know if you had signed a Tomlin Order, if you have defaulted on the TO then the schedule would allow entry of a Judgment.Which then enables the ICO.

 

Andy

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Hi Andy,

Sorry that was badly worded. I know I signed a Tomlin Order, I meant how do I know if I have a CCJ?

 

I am unsure on how to fight this, the PPI reclaim may well cover the cost of the debt!

 

 

You can check you credit file or call the Court and ask.

 

It is very, very unlikely that an ICO would have been granted without a CCJ and should really be impossible.

 

I assume that you defaulted on the Tomlin Order? If you did, and based on what you have told us, it is 99% likely you now have a CCJ.

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You have to check the CCJ first,what date which court and request a copy of the Judgment.Did you keep a copy of the Tomlin Order?

 

Andy

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No Tomlin Order in post#1 Lux, there is a letter from the Sols 28.5.12 that states they have sent you a sealed copy.Its the schedule I need to see.

I notice judgment was granted 29th July 2010 on the Application for Charging Order.

 

Andy

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No Tomlin Order in post#1 Lux, there is a letter from the Sols 28.5.12 that states they have sent you a sealed copy.Its the schedule I need to see.

I notice judgment was granted 29th July 2010 on the Application for Charging Order.

 

Andy

 

That's the date of the Tomlin order, I will upload it soon... Thought I did already..apologies

Tomlin Order.pdf

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Hi Lux

 

Ok the Tomlin Order is dated the 29th July 2010, set out the schedule of the terms herein.Do you know that they applied for the CCJ on the same date you signed this before you missed a payment?

In effect you have had a CCJ since that date irrespective of payments made?

 

Regards

 

Andy

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I have unapproved your TO Lux as this is confidential.

We could do with some help from you.

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I have unapproved your TO Lux as this is confidential.

Thought it may be Andy!

 

I had no idea about the CCJ!! That would apply to my wife too as hers is the same!

 

Is there anything I can do to stop the charging order given the circumstances surrounding PPI?

 

Regards

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Did you agree to the TO on the understanding that the claim would be stayed, providing you met the payment schedule and not default?

We could do with some help from you.

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Did you agree to the TO on the understanding that the claim would be stayed, providing you met the payment schedule and not default?

 

I assumed that to be the case... To be honest, it was literally at the final hour, and due to the costs involved with the track the cases were assigned, we thought it best to just settle.

Without legal advice I guess we just walked into it eyes wide shut!! But I had no idea it meant an instant CCJ!

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Ok lets cut the chase then the TO has been drafted in a very unorthodox style, purpose of the TO is to avoid the CCJ otherwise why sign it?

 

You will notice that within the Order it states:-

 

2. The proceedings are stayed on the settlement terms except for the purpose of carrying those terms into effect for which the parties have permission to apply to the Court

 

3.If the Defendant fails to comply with the Settlement Terms is capable of enforcement (without a further Order) as if they amounted to a Judgment of the Court.

 

 

Now to default means to miss a payment and break the terms of the settlement but to " enforce it " means having something already to enforce therefore you have agreed to the Judgment by signing the schedule, irrespective of a missed payment or not.

 

" Without Further Order " means that the judgment will be passed and the ICO will have a green light.

 

So that's where we are now, they already had judgment the day you signed, your default enabled the execution of the CCJ.

 

Regards

 

Andy

We could do with some help from you.

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Ok lets cut the chase then the TO has been drafted in a very unorthodox style, purpose of the TO is to avoid the CCJ otherwise why sign it?

 

You will notice that within the Order it states:-

 

2. The proceedings are stayed on the settlement terms except for the purpose of carrying those terms into effect for which the parties have permission to apply to the Court

 

3.If the Defendant fails to comply with the Settlement Terms is capable of enforcement (without a further Order) as if they amounted to a Judgment of the Court.

 

 

Now to default means to miss a payment and break the terms of the settlement but to " enforce it " means having something already to enforce therefore you have agreed to the Judgment by signing the schedule, irrespective of a missed payment or not.

 

" Without Further Order " means that the judgment will be passed and the ICO will have a green light.

 

So that's where we are now, they already had judgment the day you signed, your default enabled the execution of the CCJ.

 

Regards

 

Andy

 

Thanks Andy,

They already have the ICO, but can we stop the full charging order at the hearing on the 10th July?

 

Incidentally, my wife received a letter from the court today, so it looks like they are going down the same route with her.

 

Regards

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Anyone can have a ICO if there is a CCJ in place and the judgment allows it.To stop it being made full you will have to raise objections 7 days before the hearing.The only objection I can see worthwhile would be the TO not being clear on default and that you was not aware the Judgment would be entered on the same day as signing the order but only if you defaulted.You was not aware or you would not of agreed.

 

The CO is not always a bad thing in resolving theses matters, its puts the matter to an end.If the CO is made final and your objections fail then ask for conditions to be attached. IE no Order for sale unless a default by you in payment.

 

Regards

 

Andy

We could do with some help from you.

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I am worried sick about this now!! I have to respond to the Land Registry by tomorrow with my objection... I have no idea what to say.

 

How likely is it that they could force a sale on my home, which is in joint names??

 

Do I just attend at the hearing on the 10th?

 

Do I have to pay if I want to attend??

 

So confused by all this!

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Just had a brainwave... I think.

 

Could I not argue that the amount owing at the time the tomlin order was signed, is now inaccurate due to the mis selling of PPI? Until we are refunded the PPI, we cannot say how much is owed, and nor can they??

 

Any advice?

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I am worried sick about this now!! I have to respond to the Land Registry by tomorrow with my objection... I have no idea what to say.

Irrespective of any objection Lux I cannot see the FCO being denied, even if you had not signed the TO the DJ may assume the judgment would have been attained.

How likely is it that they could force a sale on my home, which is in joint names?? Rare as chickens teeth

 

Do I just attend at the hearing on the 10th? Yes but do attend to present your side of the claim

 

Do I have to pay if I want to attend?? No

 

So confused by all this!

Just request a condition of no forced sale

 

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

 

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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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