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    • I left Dubai 8 years ago and intended to return. However a job prospect fell through. I’d been there for 15 years. Anyway I decided to pay my credit card and the bank had frozen my account. There is no means to pay the CC so completely unable to pay when I wanted to other than the bank advising me to ask a friend in the UAE to pay it on my behalf!  fast forward bank informs there is a police case against me for non payment. Years later IDR chased me and after months/ years they stopped. Now Judge & Priestley are trying their luck. Now I have received an email in English and Arabic from JP saying the bank has authorised them to collect debts. Is this the same as IDR although I didn’t receive anything like this from them. Just says they are authorised?
    • The neighbour's house is built right on the boundary so the side of their house is effectively the 'wall' in our garden separating the two properties. It's a three storey house and so the mortar poses a potential danger to us. Because of the danger, we have put up an interior fence in our garden to ensure we don't risk mortar dropping on us. That reduces the garden by 25% which is not only an inconvenience, but it's the part of the garden where we had lined up contractors to install a patio and gazebo which we will use for our wedding reception in less than 2 months. We have spoken to the neighbour's caretaker who is on the case, has spoken with a roofer and possibly a scaffolding company, but there are several issues. They don't seem to understand the urgency. As long as there is a risk of falling mortar, we can't carry out any work in the garden, and unless they hurry up, we're looking at cancelling our wedding as it's not viable to book a venue because we can't use our own garden! Also, they want to put the scaffolding up in our garden which would be ok with us if it was a matter of a few days and they hurried up, but there is a tree (most likely protected by the conservation area), so most likely they can only reach part of the roof with the scaffolding if they put it up in our garden. We suggested a roofer with a cherry picker but they seem to want to use a company they've used before. Any and all comments, suggestions, advice is more than welcome.  PS. does it make any difference that the neighbour is a business (ltd) and not a private dwelling?
    • No apology needed, thank you for what you do I am glad to hear they paid. well done on getting back what is yours
    • Apologies all for the late reply and info, i have been away with the Army. They have paid I accepted the offer on the 5th of May, and they paid on the 17th of May.
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store card to credit card, got CCJ, now a CO, now want more money?


MaximusMeridius
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Where is the threat? The key word is "may."

 

A lot of the time offering a discounted settlement is a commercial decision as they know that there are very few options left other than say an attachment of earnings or order for sale etc.

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http://www.consumeractiongroup.co.uk/forum/showthread.php?403107-Charging-Order

 

 

refers

 

 

did you ever get to the bottom of the store card/credit card issue

 

 

if these people are offering a discount on the org debt

 

 

did you ever investigate PENALTY charges &/or PPI reclaiming?

 

 

an SAR to the original creditor might be in order here.

 

 

dx

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I agree with Ganymede, what's the issue here?

 

 

Clearly a sum of money is owed but not being paid

so the creditor really has three options;

do nothing,

try to encourage a payment or

force the issue with further enforcement action.

 

 

They *may* choose option three but they may not,

I imagine that will largely depend on what you do in response.

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They're offering reduced F&F because a payment plan is likely costing them more that its bringing in.

Also factor in how much the debt is and how long the payment plan will therefore go on for

- e.g. for a £5k debt at £30/month will be an almost 14 year payment plan.

 

In my view that's not really ideal for Claimant (for the above reasons) or Defendant (because this is potentially lingering over you for a long time).

 

The charging order is multi-functional.

It provides a bit of security on the debt and can be used as a bargaining tool with incentives for both parties

e.g. if you pay a 30% discounted lump sum we'll remove the charge

- this has worked for me in the past.

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Hi Thanks for you answers and i understand why they are offering a discount.

 

But my main point of the letter is:-

 

"Please be aware that in the absence of proposals to repay the debt, either by a one of payment at a discounted rate or by regular payments in relation to the full debt, our client may take further legal action."

 

They have alredy obtained a CCJ against her for this debt which she is paying and no payments have been missed and they also have a Charging Order on the house.

 

I suppose my main question is, what " further legal action " can they do? I realise they have options if she misses a payment, but she hasn`t.

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dx100uk

 

As you know from previous posts, there is a reason why I just rolled over and admitted this debt. But they are like a dog with a bone now probably because i did admit debt without asking questions.

 

Please could you tell me, if I sar them ( I know there will be charges because the debt is £1000 more then the CC limit was), can I try to put the CCJ set aside even though I have already admited the debt.

 

I feel it`s time I started biting back but it may be to late!

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"I suppose my main question is, what " further legal action " can they do? I realise they have options if she misses a payment, but she hasn`t."

 

An Order for Sale (although unless the home is a second home I think the likelihood of this happening is slim).

 

Alternatively if they have other info on your wife, namely her bank details, there's nothing to stop them trying a Third Party Debt Order.

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I,m sorry but i must be missing a point here!

 

"Please be aware that in the absence of proposals to repay the debt, either by a one of payment at a discounted rate or by regular payments in relation to the full debt, our client may take further legal action."

 

She is paying regular payments in relation to the full debt by way of a CCJ.

 

I understand they are not happy with what the judge said she had to pay monthly, I understand why they are offering a discount but why are they suggesting that she is not paying regular payments?

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Thank You Ganymede

 

I thought that it might of been a standard letter and I was ignoring it but I they sent another letter a week latter asking why I have not responded to the first letter.

I then started thinking that they were up to something underhand and wondered if ignoring them was the best policy?

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dx100uk

 

As you know from previous posts, there is a reason why I just rolled over and admitted this debt. But they are like a dog with a bone now probably because i did admit debt without asking questions.

 

Please could you tell me, if I sar them ( I know there will be charges because the debt is £1000 more then the CC limit was), can I try to put the CCJ set aside even though I have already admited the debt.

 

I feel it`s time I started biting back but it may be to late!

 

 

bit late for a set aside and for what reason?

 

 

ge that SAR off

 

 

there could be a good chunk to offer an F&F on here.

 

 

if they are 'stupid enogh' to offer a short settlement on a ccj then great.

 

 

though you need to bear-in-mind

that even a satisfied CCJ will still kill your CRA file

till its 6th birthday drop off

 

 

dx

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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dx100uk

 

I was wondering if could claim i did not realise that the total amount I admited to was incorrect. would it be possible to get it back into court and admit a lesser amount ( after i have worked out how much of the total they claimed she owed was charges).

 

I would still have a CCJ but for a lesser amount, they (the solicitors) have also added £300 to the total for the Charging order. Can they do that? or is that a seperate issue, as in the £300 is,nt part of the CCJ that i,m paying.

 

Hope that makes sense, as I said before, i,m not very good at putting in words what i,m thinking.

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they cant change/add to what the total was on the ccj / co.

 

 

its too late to use any charges as a wrong ccj figure claim set aside I fear.

 

 

gany?

 

 

dx

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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they cant change/add to what the total was on the ccj / co.

 

 

its too late to use any charges as a wrong ccj figure claim set aside I fear.

 

 

gany?

 

 

dx

 

They will be able to add any applicable interest to the charge and the costs of getting the CO are often added to the judgment debt.

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You pay whatever the court ordered you to pay as apart of the CCJ. Nothing more.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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You pay whatever the court ordered you to pay as apart of the CCJ. Nothing more.

 

It's not as simple as that, IF the judgment attracts interest (and it may do by contract) then Ezekiel v Orakpo makes clear that the charge also secures that interest. You should not however have to pay interest on the costs.

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Hi Sorry to keep going on but i have a niggling feeling they are up to something underhand. Below is the first letter I received from them concerning the CO:-

 

 

We refer to the above action in which we obtained a Final Charging Order on xx October 2013

 

The Final Charging Order has been registered at H.M Land registry and the debt is therefore secured over your property

The above sum is still outstanding and we require your proposals for repayment of this debt. Our client may be willing to offer you a discount on your debt if you are able to pay a lump sum settlement. It may also be possible to sread the settlement over three months. Alternatively, instalment payments based on your circumstances should be made to clear the balance in full.

 

We ask you contact us on the number below to discuss these options or complete the attached income and expenditure form and return it to us with your offer of payment.

 

we look forward to receiving your reply during the course of the next 14 days.

 

The sum they have quoted is the original CCJ amount less payments made and includes the £253 for the CO costs.

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