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    • So that means they still have another 6 years to enforce a CCJ even after the debt has been SB-ed?
    • Need to get your DQ in - it's your opportunity to have a say in what happens next! It should then transfer to local court, who will look at the DQs and determine next actions. Fairly self-explanatory and there are guidance notes on the site here. My Asset/Link/Kearns case was reviewed a couple of weeks ago after transferring to local court and they have been ordered to provide a new CPR-compliant Particulars of Claim, Original Agreement, Deed of Assignment and Notice of Assignment. They have six weeks to comply or it's struck out. As with your case they are relying on a generic print out of an agreement with no personal details or signature. Don't give the courts a chance to make any decisions without your input and get that N180/N181 in! Your call as to whether you want mediation - given the lack of evidence from them there is probably no point as you can't mediate an account that appears not to exist.
    • FYI I've had a copy from Kearns arrive today of the DQ from the claimant agreeing to referral to the Small Claims Mediation Service and without a hearing. I am a bit wary of the two replies above from you both. Which is the most relevant and most urgent to action? I'm away from Sunday the 19th to Wednesday 22nd working abroad and am conscious there's a bank holiday the day before the deadline so it doesn't give me much time to collate and post relevant paperwork either to you or the parties involved. Do I just fill in the N180 and post?  Apologies for my ignorance, It's out of my comfort zone! Also my case seems to be over the £10k barrier?  
    • Hello,  Me again, back with more questions from my friend because she doesn't want to deal with this part of her life.  She has managed to set up a repayment plan with 247money for the next 3 months.  We have looked at her car finance and she would have reached the 50% payment in Aug 2025  She has 2 questions.  When it comes to Aug 2025 what are her options for VT, I've read a few things and honestly the car sites all seem to give information in different wording so it's hard the grasp the core facts.  If she were to just stop paying the car now, obviously they would action repossession but what is the after math, money outstanding, impact on credit file, court action.  Thank you, 
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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Abbey Credit Card - claim form Earlswood on behalf of Britannica


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Yes but this time the DJ decides:wink:

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  • 4 weeks later...

The fact that its been transferred to your local court means your application was successful...you can accompany your partner but its vital she attends...she only has to sit there and nod and answer the odd question.

 

If she does not attend she loses the application will be thrown out and could incur further costs.

 

Regards

 

Andy

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OK, we will both go. Out of interest whats the reason we have to attend? Do we explain how we got in this mess etc? Is the claimant likely to turn up and paint a bad picture of us as we were paying a reduced amount then stopped?

 

Thanks for all your help.

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OK, we will both go. Out of interest whats the reason we have to attend? To support your application and present your I&E and proposed payment Do we explain how we got in this mess etc? No its not a trial you have already had that for the CCJ Is the claimant likely to turn up and paint a bad picture of us as we were paying a reduced amount then stopped? Only deals with your application and means to pay they may attend they may not better for you if they dont

 

Thanks for all your help.

 

Andy

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  • 3 weeks later...

Hi Andy. Just received the hearing date but its for the 22nd November at 12.35pm. That is the exact time of our daughters graduation ceremony for her degree! Absolutely typical, will they let us change the date?

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This is a redetermination hearing I would think it be acceptable for none attendance but speak to the court first ...I wouldn't want you none attendance to jeopardize your application.

We could do with some help from you.

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  • 2 weeks later...

Hi Andy, I wrote to the court explaining that we could not make the hearing due to daughters graduation ceremony. I have received a letter back today saying I can either rearrange at a cost of £45 or let the hearing go ahead and send a letter with any further things we want to say. I don't really want to pay another £45 as I can use that towards the debt. Do you think I should send a letter to the judge explaining our absence and also why we got into the circumstance we are in (business loss due to cancer and recession)? Thanks.

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It would be advisable to send a statement...as I have stated none attendance is usually curtains for the absent party

We could do with some help from you.

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Hi Andy, I have put together a letter explaining the absence, how we got to the position we did with the business (recession and then cancer) plus why we stopped paying and now how we are able to start paying again (new job). I have also included wage slips for me and my partner to back up the figures.

 

Do you think I should put in a copy of the proof of the graduation ceremony?

 

Is that enough?

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Ok let me know how this transpires then Snoogy

 

Regards

 

Andy

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  • 3 weeks later...

Hi Andy, finally got a letter through today from the hearing we couldn't attend on the 22nd. I have attached it for you as I it looks like good news to me! I put down £45 as a payment and the judge has said £40!

 

As long as I pay the £40 every month is that the end of it?

 

Thanks again for all your help :)

 

[ATTACH=CONFIG]48041[/ATTACH]

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Yes well done Snoogy your redetermination was successful

 

 

Regards

 

Andy

We could do with some help from you.

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Brilliant, thanks Andy. So as long as the £40 is paid they cannot hassle me?

 

No reason to

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How much is the debt?

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Its possible as a means of security...if its a single debt/ joint mortgage it would be a restriction as opposed to a Charging Order

We could do with some help from you.

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