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    • I just got the same response from Hermes below. What would you advise I do next?    "I am sorry you have had to contact us regarding the delivery of your parcel.    I have looked into your concerns and understand that as as you selected the maximum compensation level of £300 Hermes cannot exceed this amount as per your contract.   So that we can process this as quickly as possible for you, we kindly request that you send us some details:   - your bank sort code - your bank account number (the short one, not the long card number) - your name as it appears on your bank card   Once we have received the above information, we will send you a further email once the payment has been processed. This can take up to 5 working days to reach you   Please accept my apologies for the frustration this has caused you.       If you require any further assistance, please don’t hesitate to contact us."  
    • Hi had a call today and the number is associated with Moneyboat why would they be calling this close to the court hearing? Any ideas welcomed    Thanks G
    • Hello   In my view  a self imposed bankruptcy is not necessary.   Your friend just has to accept the situation he is in and set things up to deal with it.   I think that by following a plan off filing everything, saying nothing and letting the Creditors do all the work he will come out of it in the end.   He may need to get his girlfriend on board but once he understands what these creditors can (and cannot do) it may well become less of a worry and more of a sport!   In post #8 you asked for the stages of collection so based on my experience since 2006 I will give you the various stages and make some other comments:   You fail to meet a payment date:- the creditor writes a reminder letter You ignore the letter, they send another letter and possibly emails, SMS and phone calls, all of which are ignored. The cycle continues for a period of time with a number of letters arriving from the creditor. Sometimes the case will be handed off to a Debt collector for a time which is nothing more than a company set up to make phone calls and write automatic letters. They have no power and can be ignored. At some point the creditor will issue a Default notice. This is legally important to the Creditor (but not necessarily important to your friend as it is required by the consumer credit act before any other action is taken. It will give a date by which you must do something usually to pay the arrears. If you don’t pay the arrears then you are in Default and they can go to the next stage. After a period of some months account closure usually follows. It is unlikely the Creditor will take legal action. After a period of time where you continue to get periodic letters and communications from various debt collectors the debt is sold typically for 10p to 15p in the £ to a Debt buyer. This might take six months or as much as a couple of years. You receive a “goodbye” letter from the creditor which says it has sold the debt to the buyer. You receive a “hullo” letter from the debt buyer which tells you that I now owns the debt. Sometimes the above two are in the same envelope.   The debt buyer will start out very friendly but will then get more aggressive. Even at this stage it is best to ignore them. They will sometimes offer you an amount less than the full value to get a quick profit from their purchase. You might want to take advantage of it but I take the view that if they had a strong case to get everything why would they settle for less? They know they have a weak claim when you get this kind of letter. At some point they will do an assessment on you to decide if it is worth taking court action. The bigger the debt the more likely it is, also if you are seen to have assets such as a property or shares. They will start by instructing a solicitor to send a Letter Before Action. This states what they think you owe them and gives you a set amount of time to pay it or respond with payment proposals. It may be wise to respond at this point but best to refer it to this forum for proper advice on what to do. After you fail to respond to the above they will pay a court fee and issue a County court Claim. You will receive a claim pack from the court with a number of sheets of paper; the claim itself, an acknowledgment of service, a defence form. The claim is usually created on line with the solicitor typing in the details. The Court then automatically prints and sends the claim pack. As a result it will not have any supporting documents such as original agreements, statements or anything else. IMPORTANT: this is the first document you absolutely must respond to. First thing to do is find the paper that says acknowledgment of service and send it back. This gives you 28 days to respond instead of 14. If you don't do this or immediately defend then after 14 days you will automatically loose. After this you are into the world of defending the claim which is usually very defend-able as the Solicitor has in all likelihood not provided you with any documents. This is because neither he nor his client have any and they will have to go back to the original lender to get any and very likely they will not get them. (In my own experience I helped a friend by writing to ten creditors asking for copies of the original agreement and not one came up with anything). It is possible you could loose the case in which case you still owe the money and are not much worse of than before because the creditor still has to collect it and without assets it will take a long time to pay off.   Overall, though I don’t think it is a great idea to be in debt, given the extent to which your friend is buried my advice is to consider the old adage “If you owe a tenner it is your problem, if you owe Ten thousand it is their problem”.   To that extent I would follow this plan:   Save all correspondence including the envelopes they arrived in. Do it in chronological order and have separate folders for each debt. As a rule, ignore everything unless it comes from a solicitor or the Court. I cannot stress this enough. Be a black hole into which letters, emails, texts and phone calls disappear, never to be answered, replied to or spoken to in any way. Some people just cannot shut up! Make sure your friend does! The exception is if your friend changes address in which case write to every creditor (or debt buyer that has bought the debt) and advise of change of address WITHOUT signing the letter as such, just type the name at the bottom.   (This is so they don't send court documents to the old address). In most if not all cases that will be it. Just keep filing until six years have passed or five in Scotland. This is because after that time the debt becomes statute barred and the courts will not consider it as it has become too old. (The statue barred date begins 14 days after the date of the Default notice mentioned above and six years after that it is all over for court action). In one or two cases a Court Claim may be made in which case defend it which is a whole other ball game but basically ask them for proof of the debt which they very likely cannot provide, if they can provide challenge it's enforceability,  mostly it's game over for them.   Your friend can start to get on with his life if he follows this plan and learns to accept that these debts are not necessarily the millstone he thinks. He can live within his means and have a good and fun life which is what he deserves. The original creditors have accepted some money from the debt buyer so presumably are happy and the debt buyer will make a profit across the whole bunch of debts he bought even if he makes nothing from your friend so he is happy. If nether of them are happy then they should not have got themselves into the situation in the first place.   As always I finish my comments by saying I am not a legal professional just a guy that got into to trouble in 2006 and learned a lot of this stuff along the way.   I welcome any comments from other CAGers, particularly if they spot any mistakes.
    • There were 1,348 company insolvencies recorded in August 2021 in England and Wales, according to the latest figures published by the Insolvency ServiceView the full article
    • Do not appeal. Please can you complete the questions below. If their NTK is wrong they cannot transfer the liability to pay from the driver to the keeper. If they do not know the name of the driver then they are stuck. No-one to claim the money from. In any event most of the roads on the airport  either come under the Road Traffic Act or the airport Byelaws. if they do then not even the driver is liable since Apcoa has no right to issue tickets for either of those type of roads. But they still do and people still pay them.     
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Marlin Court Action on HSBC CC, HSBC already said they hold no CCA - help


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I am not suggesting for one moment that you do appeal the decision made today.. however, if you are even considering it.. Please do take the time to have a read of the following.

 

It would appear to me that you were not best prepared for this call today and if you were to appeal, you would really need to be on top of things.

 

BRW on Appealing.pdf

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1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Hi citizenB, thanks for your advise. Yes I think you are right, I wasnt as prepared as I should have been, I thought that I had put my case over alright but the opposition kept going on about it said credit agreement on the application form and that it complied fully with the consumer credit act, maybe I should have asked the judge if she had read and fully understood the ACT. Lol

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Can I get legal aid to help? The only money that has been coming into our house for the last 3 years is Tax Credits, I am self employed but cant afford to pay myself a wage at the moment, my wife doesnt work. We have reduced our mortgage to interest only for the last 3 or 4 years also. Everything we owned we have sold to our parents ;) so the only thing we do have is our house, would this be at risk? If push comes to shove then we will move to Australia.

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Legal aid - I rather suspect not.

 

I believe that a lot of solicitors provide either a free or low cost half hour consultation - you need to check with local solicitors. You definitely require someone who understands Consumer Law.

 

At least you would be able to get a good idea of whether your case has merit.

 

Do you have home insurance ? Check that out - sometimes they have legal cover as one of the benefits.

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

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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  • 4 weeks later...
Just looking through the paperwork and see that DG Solicitors sent my wife a letter stating that a County Court Judgment has been entered against her. They have been instructed to enforce this County Court Judgment.

A bit naughty stating this as they are lying, I remember ringing the court and they confirmed that no judgment had been made this was May 2011, it still hasnt gone to court. Do you think that the court will be non too pleased at the underhanded way they are frightening my wife into paying them?

 

 

 

This area of falsely implying a CCJ has been obtained is too common with those non solicitors D,G. , HSBC in house desk, and they apologise to a court along with all the other mistakes, one WS I had was 90% apologies to court for all the areas of mistakes, DJ response these things happen. Then I made a minor mistake on paper and lost a case there and then, when stated as litigant correct the area now with CPR to numbers, no was the reply.

 

HSBC are the most ignorant organisation around, they ignore legislation/Rules and flaun.t guidelines, so know what you mean,

:mad2::-x:jaw::sad:
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  • 3 months later...

Hi all,

 

my wife has had a letter from DG Solicitors saying that they are going for an interim charging order on our house.

 

The court date is set for the 7th January at Kings Lynn Court Norfolk!!!

 

I live in Staffordshire about 3 hours drive away,

 

can we get the court changed then address what we can do.

 

I did send an offer to pay in installments but heard nothing from them.

 

This debt was for a credit card that they got summary judgment over a conference call.

 

Any guideance would be appreciated.

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I have moved your thread to the Legal issues forum.

 

I think we might need more information than you have given. Was this an HSBC credit card ?

 

Summary judgment via a conference call? - can you say what sum the claim was for ?

 

I think yes, you can ask for a court nearer to you. I will flag your thread for more advice for you.

 

Can you give us a little more information regarding the leading up to the claim/summary judgment ?

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

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Is it a joint debt ? If not, then I think they will only be able to get a restriction on the share of the property of the debtor. I am sure someone will be able to answer your questions..

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

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Hi, I am advised it is a little too late to do anything about moving the court for the Interim charging order. It has been suggested you must attend the named court and if they are successful, and it is your intention to challenge, then you can ask for the hearing for the Full charging order be moved to a court local to you.

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

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Thanks CitizenB, the problem is my wife doesnt drive and I am unable to take her at the moment. If she doesnt attent what will happen? I will try and call the court tomorrow and see if I can sort something out as she cant just catch a bus to get there and the expenses involved in doing that are too much, we just cant afford it.

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The claim with charges was just over £6K, it was for a credit card debt, we claimed PPI back on it and the contract that they supplied us was an application form. I have a thread on here so I will post it later. They did the summarry judgment over the phone and the lady judge wouldnt have it. I sent them a breakdown of what we could pay but heard nothing, then we got the court papers about an interim charging order. I didnt send the offer by recorded post so I have no proof of delivery so they either didnt get it or they have ignored it.

Do you think I should send this information to the court so they know that I have made an offer?

 

Also, what happens if they get a charging order? If we dont pay them do they get the money when we sell the house? Will interest be added? etc

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This debt is just in your wife's name, yes ?

 

Is the mortgage/home ownership in joint names ?

 

If so, then they will only be able to register a restriction on her interest in the property.

 

Can you telephone the court today and see if there is any way round the location of the court.. let us know what they say and we can put our thinking caps back on.

 

From start to finish this appears to have been a shotgun judgment - SJ by telephone ? and now a court miles from anywhere !!

 

When you speak to the Court clerk, check that they have received all the information you sent - if not, as if you can email/fax it to them.

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

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Seems odd that the Court where the hearing will be heard is so far away, is the ICO on the home that you live in or do you have a second property?

 

As citizenB says call the Court but the likelihood is that attend or not the FCO will be granted.

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I called the court earlier today and the lady said that if I sent it in by email today they would change the hearing to my local court :-)

 

I sent the court this also :-

 

Regarding the above claim no I would formally request that the hearing be transferred to my local court at Walsall. Kings Lynn County court is 134 miles and 2 hours 47 minutes away from where I live and will be impossible to commute to as I do not drive.

I have sent an offer to the claimant and have heard nothing from them and now I find myself looking at a charging order? I am wondering if they had received it or have ignored it. I have included a budget sheet below to show you my financial circumstances which are not ideal at the moment but will hopefully improve within the next 12 months as my husband has had promise of increased work . I have no savings. I therefore would like to offer to pay £5 per month rather than the token £1 to show that I am trying to pay as much as possible. I would like to object to the interim charging order as this may affect my husband gaining work and may cause us further problems with our mortgage company. We have reduced our payments with them to interest only so we can address our more urgent debts more quickly.

I may within the twelve months be able to offer a full and final settlement if we are allowed to pay the £5 per month.

 

Number of people in my household is 5

 

Income monthly

 

Wages/salary0

Wages/salary (partner)0

Tax Credits996

Money from other people0

Family allowance 188

Other0

Total income1184

Outgoings monthly

 

Mortgage/rent136

Second mortgage/secured loan0

Ground rent/service charges0

Buildings/contents insurance36

Life insurance/endowment18

Council tax95

Gas70

Electricity50

Water30

Food/housekeeping368

Travel200

Telephone23

TV licence/rental12

Clothing/emergencies30

Prescriptions/health costs0

Bank fees 53

Credit card 20

Other0

Total outgoings1141

 

My total income is £1184

My total outgoings are £1141

 

This leaves me an available income of £43 for my creditors

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Ok, got a letter from the court at Kings Lynn, the case has been transfered to my local court. I will now wait for a date.

 

The letter states :-

 

1. This case be transfered to the defendants home court

2. The hearing at the bulk Charging Order Unit based at the Kings Lynn County Court is hearby vacated; to be re-listed upon receipt by the court of transfer for consideration as to wether the interim charging order shall continue together with any representations the defendant may wish to make.

3. The interim charging order do continue in the meantime.

 

Anyone have any suggestions on what to do or prepare in the meantime.

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  • 1 month later...

I will try and find some help for you.

 

Well done on getting the hearing moved to your home court, BTW - I missed that :)

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

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Have left S.O.S for you - I am sure someone will pop in later on.

 

I am still baffled how this was ever won by the other side in the first place.. Summary Judgment on the phone !!

 

You will need to take all your paperwork with you, the Income & Expenditure form etc..

 

Have you written a Witness statement from you, advising why you are against the Charging order ?

 

The Mortgage is not with HSBC is it ?

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

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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The charge will only be against her share of the assett in your property.

 

Why is she not attending ? The judge wiii not look favourably unless you have a real genuine reason.

 

What is her defence to the charging order ?

 

If she admitted liability and agreed to the CCJ and failed to comply with the judgment order, than the Charging order will be automatically granted. Your attendance will not defer that. The judged will be legally forced to grant the charge unless you can prove the money is not owed and the CCJ was gained incorrectly/unlawfully.

 

Now if she has other debts, you have dependants, you are a named on the deeds to the house, than your only course of defence is to stipulate restrictions on the charge. I guarantee you this is your best course of action.

 

1. Ensure that there is no pre-judgment interest being charged to the debt.

2. That they can never ever apply for a Sale Order.

3. The restriction only applies to her portion of equity.....is there any ?

 

If your partner cannot spare the time to attend....which the judge will not appreciate. You must instead stress that your attendance is purely to ensure that you are there to protect yourself, keep a roof over your head that you are paying for,apologise for your lack of court knowledge and procedures. I assure you that this course of action is your only defence.

 

Accept that the charge will be granted, ensure that it is only granted with restrictions and than afterwards negotiate with the claimant. Once they have the charge, if a restriction prohibits therm from applying judgment and forcing a sale, it than puts you in a position to negotiate. Either leave it there until such time you want to sell, or offer a reduced figure as a full and final settlement on the understanding thay agree to remove the restriction.

 

I'm also pretty certain that as the restriction is only on her share, this will not prevent you from selling the house.

 

Why do I know. I have been there. I speak from experience.

 

Debbie xx

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Thanks B, Yes I have one at work ready to take with me tomorrow. Do I need to take all the paperwork relating to the case?

My wife and myself have had a rough time over the last 5 years, lost my dad to cancer, lost the family business (trading 29 years), reduced our mortgage to interest only, managed to pay all our bills except the credit cards. I have started a new business and ploughed every penny I have into it and now finally its coming good, its a niche market and I am very well known. I also have had 2 people approach me and want to invest in my business as sleeping partners and want no say in how its run.

If this charging order goes ahead I am afraid that all the hard work I have put in will have been for nothing. I am just about to seal a deal with a German company which will give me at least £25k - £100k per year nett profit (all monies paid upfront with order!) Its taken 3 years to build this business up to a point where I will be able to draw a wage at the begining of the next tax year. I would then be in a position to offer a full and final settlement.

 

Any advice after reading the above?

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The charge will only be against her share of the assett in your property.

 

Why is she not attending ? The judge wiii not look favourably unless you have a real genuine reason.

 

What is her defence to the charging order ?

 

If she admitted liability and agreed to the CCJ and failed to comply with the judgment order, than the Charging order will be automatically granted. Your attendance will not defer that. The judged will be legally forced to grant the charge unless you can prove the money is not owed and the CCJ was gained incorrectly/unlawfully.

 

Now if she has other debts, you have dependants, you are a named on the deeds to the house, than your only course of defence is to stipulate restrictions on the charge. I guarantee you this is your best course of action.

 

1. Ensure that there is no pre-judgment interest being charged to the debt.

2. That they can never ever apply for a Sale Order.

3. The restriction only applies to her portion of equity.....is there any ?

 

If your partner cannot spare the time to attend....which the judge will not appreciate. You must instead stress that your attendance is purely to ensure that you are there to protect yourself, keep a roof over your head that you are paying for,apologise for your lack of court knowledge and procedures. I assure you that this course of action is your only defence.

 

Accept that the charge will be granted, ensure that it is only granted with restrictions and than afterwards negotiate with the claimant. Once they have the charge, if a restriction prohibits therm from applying judgment and forcing a sale, it than puts you in a position to negotiate. Either leave it there until such time you want to sell, or offer a reduced figure as a full and final settlement on the understanding thay agree to remove the restriction.

 

I'm also pretty certain that as the restriction is only on her share, this will not prevent you from selling the house.

 

Why do I know. I have been there. I speak from experience.

 

Debbie xx

 

Thanks Debbie, my wife wont be able to attend as she has an ongoing problem with her knee at the moment, it is swollen like a football and she is unable to walk at the moment. She has arthritis in 1 joint and it flares up every so often, just my luck for it to happen now!

 

If she admitted liability and agreed to the CCJ and failed to comply with the judgment order, than the Charging order will be automatically granted - We didnt admit liability she was given judgment over the phone (conference call) the so called credit card agreement was an application form and she was also missold PPI, she wasnt given a chance to go to course to defend her case at all. Stitched up I think. She sent an offer of payment as she couldnt pay the judgment in full and they never got it so they applied for an interim charging order and thats where we are at the moment.

 

She has no other debts and I am named on the deeds of the house also, we have 3 children still at school.

 

1 and 2, I will voice my opinion, 3 there is approx 80k equity in the house.

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