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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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Jess12

Cash4phones - help with MCOL **WON AND ALL COSTS TOO**

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Hi

 

Exactly the same problems.

 

Cash4phones claim they have already recycled my phones due to me not responding within the 5 day period.

 

I constantly rang - they do not answer the phone, and emailed - they do not respond.

 

I have since send recorded delivery letters and they have responded, offering more money but still not paying.

 

I would like to take this further through the moneyclaims.gov.uk and have read speck1965 link.

 

Does anyone know how long court action takes?

 

The fact I accepted a lower offer (not the original low) if they paid within a time period,

does this affect me claiming for the full amount they initially said they would send?

 

Would appreciate any advice.

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I am having the same problem as many others with cash4phones.

 

Same story, offering lower saying phones were scratched etc.

 

I have sent 2 recorded delivery letters, the first one with photographic evidence of my phones

and the second one stating I wanted to resolve the matter.

 

I finally received a call from a member of staff who doubled the lower offer and said it would be paid into my bank account within 48 hours.

 

As I wanted the matter resolved I accepted this.

 

However, 10 days later and several more emails to them I have now decided to start legal proceedings.

 

I have registered on the MCOL but it only give 1000 characters.

 

I'm worried I can't put all the details down that I want even though it's saying "a brief statement".

 

Can you advise what to put?

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All you need do for the initial MCOL submission is to put an outline of your claim and then send a fully particularised claim to the defendant and the court afterwards.

 

However, I think if you have accepted their offer then you might have problems with your claim. I will try and find some help for you.


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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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I have never accepted the offer on their site but told the member of staff in the telephone call if payment was received immediately, to put an end to the matter I would accept. As they are still refusing to pay or answer emails I have no option but to take it further. Do you think I'm wasting my time?

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Have you received payment at all?

 

No nothing. As before not answering emails or Phone. Even got a personal email address which had a response first time. Not replying now.

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Okay well if you have accepted and they havent paid i would push forward with the claim... I think its best :)

Be creative on this one... Explain in basic why you are claiming then go into more detail when you need to :)


 

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You should really send a letter before action in accordance with the CPR before issuing a claim. There may be costs consequences if you don't.

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Righto, you say you haven't received any money so a lot of the following is probably irrelevant.

 

But what you need to do is to send a Letter Before Action advising that on consideration you are not going to accept their offer and advise what you do want in order to resolve this. Give them 10-14 days to comply or you will be issuing a claim.

 

HTH

 

If shes accepted their offer and the cash is imminent then its poor form to then issue legal proceedings.

 

She should (if the money is paid in) refund it and also attach a LBA explaining that on consideration she has decided not to accept their offer and state what she initially requires for satisfaction.

 

 

Bear in mind this would be SCT and the costs of instigatiing should be included within the LBA.


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Uploading documents to CAG ** Instructions **

 

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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

 

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3: Banking Conduct of Business Regulations - The Hidden Rules

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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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Cash4phones, problems like everyone else

 

have a name and a phone number for them

 

Piers Crowley

 

02035 825039

 

worked for me

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I've already sent 2 letters recorded and this is why I had the phone call. Had a personal email address which I have since emailed stating I will continue to take action further. They've had plenty of notice.

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own thread created


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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:lol::lol:Great News!

 

I have finally received all my money in full including costs!

 

Didn't want C4P following any threads so didn't post.

 

Sent the phones off in July expecting £163.

Got offered £55.

No answering of telephones, no response to recorded delivery letters and then

 

finally received a call from Piers in August offering £100.

 

I was so sick of the company I accepted, providing it was paid within 48 hours which he confirmed it would.

No payment, no replies to emails or calls so

 

took action through Money Claims Online claiming for postage, phone calls and £25 court costs.

Received £100 immediately at the beginning of September

but it was too late so proceeded to get the rest of the money.

 

I finally completed the paperwork requesting for it to go to mediation through a phonecall to save on costs.

 

Frank from C4P rang me last week asking what I wanted and

 

I told him I wanted costs covering and would continue with court action until I got them

and he said he would sort payment out.

 

I'm actually still waiting for the next action with the courts and checked my bank account and hey presto,

there's my money paid - another £98.

 

Result! DO NOT GIVE UP ON THIS COMPANY.

 

They need closing down but unless people are willing to take action,

 

they will continue to rip people off.

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hey great news

 

thread title updated

 

dx

 

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You could help by making a money contribution to http://www.consumeractiongroup.co.uk/paypal.php?go=donate


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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This is very good news - well done.

 

Please could you let us have details of any addresses or names etc.

Who is Frank and who is Piers?

Once we can identify these individuals we can provide further information to Trading Standards and also to the police.


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Also there seems to be someone called Sharon.

 

Surely someone who reads these pages must have an idea who these people are and where they can be found.

 

Please help.

 

Too many hard-up people are losing their money to these people.


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Well it`s encouraging stuff to see. How sad we have to deal with such people in this world.

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Piers Crowley is someone that rang me originally and was reluctant to give me any details about himself but did eventually give me his email address.

 

Someone called Frank rang and asked how much money I wanted so I said the full amount.

 

This was when I'd already accepted it to go to mediation.

 

He said he would speak to the finance department and get it sorted straight away and he did! Surprise!

 

i had to tell him I was happy to take it to court so they still queried it until the end.

 

Glad I stuck to my guns!

 

The name on the court papers was SAVVAS KOUMOURIS - DIRECTOR

C4P Trading Ltd,

Unit 15,

Gateway Mews

N11 2UT.

 

Hope this helps.

I've already gone through Citizens Advice Bureau and reported it to the Trading Standards.

 

 

This is very good news - well done.

 

Please could you let us have details of any addresses or names etc.

Who is Frank and who is Piers?

Once we can identify these individuals we can provide further information to Trading Standards and also to the police.

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This is an interesting link especially when you look at the 'Country of Residence': http://www.companiesintheuk.co.uk/director/8391402/savvas-koumouris

 

 

Also this link is interesting look at the different appointments: http://www.dellam.com/06300042-C4P%20TRADING%20LIMITED

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That answers a lot. He is being benevolent and funneling the cash to assist the Greek debt crisis. :|


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:evil: sounds about right!

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