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    • Hi I’m new here so not sure if I’m posting in the right place!  Long story short I separated from my now ex husband 2 years ago he ran of and did the dirty after 20 years marriage 3 children and left me with a load of debt unfortunately all in my name £33,000 in total now being a single parent and only being able to work part time as my youngest has special needs  my income really is mainly from benefits  he receives dla high rate and full mobility because of his medical needs. Its a very big struggle especially trying to pay everything run a home and 3 children  going without all the time  added stress with debt collectors and now bailiffs for council tax, shop direct account and a parking fine hadn’t realised mobility badge had expired!  I’ve read loads of advice on here  and am considering filing bankruptcy  my question is can these bailiff debts be included in a bankruptcy or can they still chase me for the money.  I just can’t see a way out at all what I owe will take me years and years to pay back  life is so stressful 😢 thank you in advance for any advice given. sorry it’s a little long winded!   
    • Hello  Sorry if I’m posting in the wrong place. I got a bus lane fine that dates back to over 12 months ago however, I didn’t receive the original fine from the council. This is because I moved address and the DVLA didn’t update my address when I changed my log book. This has caused me other issues for example, I got a fine for not taxing my car. So I got the year old fine through the door which has now been passed to Jacobs and it’s now £180. I called them to advise it’s the first I heard of it but I will pay it in instalments. They bates something like £58 a month and I said I checked my outgoings and I can afford £37. They declined this so I said I’ll pay £37 every month anyhow. To date I have made 2 payments of £37 and was due to make another on Friday on payday. I’ve come home to a letter hand delivered saying removal within 24 hours and the balance is £336! I called Jacobs and they said although I’m making payments , they didn’t agree to the payment plan. I rang the guy that delivered the note and asked him if he’s going to break in and he said he didn’t say that.  The way I envisaged it going was to a judge and a judge would see it as unfair that I didn’t get the original £30 fine, I’m paying what I can afford. From what I’ve read they can’t force entry. I just don’t want to keep paying £37 and then the £336 keeps rising.  My friend has suggested that I pay off what is left of the £180 and speak to the council to see if they can ask Jacobs to back off now. Please help 
    • Also if anyone is interested, I originally applied for the loan via Ocean Finance, I chased them today for a copy of my original application form as I believe there may be discrepancies that I want to check. Please see the reply from Ocean Finance below. It seems that my documents and data are lost, the name Ocean Finance still exists so I have asked for details of their compliance officer      "Thank you for your email. You have requested information relating to a loan that we believe you had previously taken through Ocean Finance and Mortgages Limited.   Unfortunately we are unable to assist you further with your request as Intelligent Lending Limited (company number 04291279) which trades under the name Ocean and Ocean Finance, is a separate company to Ocean Finance and Mortgages Limited (company number 04892540).    Please be advised that in August 2012 Intelligent Lending Limited purchased the Ocean Finance brand from Ocean Finance and Mortgages Limited.  If you therefore took out your loan before this date it would have been through Ocean Finance and Mortgages Limited (company number 04892540) and not Intelligent Lending Limited.    Ocean Finance and Mortgages Limited has however ceased trading on 16th August 2016.    
    • Sorry, forgot to attach the PDF letter. Here it is:Notice to Instruct Solicitors_27JAN2020.pdf    
    • Hi CAG,   New correspondence received:  Notice of Intention to Instruct Solicitors.   I have attached the correspondence in PDF.  The letter is from TNC Collections.   They want payment in 7 days or they will instigate immediate legal proceedings against me.   Is this one last attempt at scare tactics?  Any response or action required by me at this stage?   Thanks
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Striking out order absolute

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Would anyone be so kind as to tell me what wording I should use to apply on a County Court Order to make an striking out order absolute.

 

The Claim was Struck out by the Judge and gave the Claimants the right to apply to get it set aside within 7 days. The Claimants who happen to be a firm of solicitors did not apply to get it set aside and are now a long time outside the 7 days. Yet they are still chasing me for the debt and saying they will get the order set aside if I do not pay.

 

Would anyone be able to tell me how I can go back to the Courts and now get the order made absolute. I have the Order I am just not sure on the wording I would have to use.

 

Thank you so very very much for all your kind help.

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What are the details of this claim please.

Because the claim was struck out by the judge ( what reason did the judge give?) it does not necessarily mean there is not still an underlying debt.

 

 

You request that the court ratifies the judgement (Strike out) without leave to reapply.

The claimant has failed to apply within the 7 days set by the judge so the judgement stand.


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Would anyone be so kind as to tell me what wording I should use to apply on a County Court Order to make an striking out order absolute.

 

The Claim was Struck out by the Judge and gave the Claimants the right to apply to get it set aside within 7 days. The Claimants who happen to be a firm of solicitors did not apply to get it set aside and are now a long time outside the 7 days. Yet they are still chasing me for the debt and saying they will get the order set aside if I do not pay.

 

Would anyone be able to tell me how I can go back to the Courts and now get the order made absolute. I have the Order I am just not sure on the wording I would have to use.

 

Thank you so very very much for all your kind help.

 

 

The claim is struck out and that is how it will stay unless an application is made.

 

There is no point in you wasting money on an application. A "strike out absolute" does not exist.

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Thank you for your kind replies.

 

The Judge struck out the Claimants claim as on 2 occassions he set directions that they supply paperwork to the Court by a due date and they ignored both the Orders.

 

The Judge Struck out their claim,

 

Upon the Claimant having failed to comply with the Order on 25th April 2014 and further upon the Claimaint failing to serve a full breakdown of costs claimed as directed in a further order dated 7th May 2014

 

And upon no defence having been filed to the Counterclaim.

 

It is ordered that

 

The Claimants claim is struck out.

 

Judgement for the Defendant on the Counterclaim.

 

Any party affected by this order may within 7 days of Service upon them apply to the Court to have it set aside. Dated 20th May 2014.

 

 

The Claimant has not applied for it to be set aside. They are a firm of solicitors yet they are now chasing me again for the debt, giving me 7 days to pay or making threats. I have reported them to their Governing Body, but as they have taken it to Court the Governing Body won't do anything or get involved.

 

I thought I had read some where but I must have been mistaken that you can make an order Absolute ie they cannot reapply to have it set aside at a later date. Sorry my mistake, I was trying to find a way of doing something to stop them reactivating the claim again.

 

Thank you so very much

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Thank you for your kind replies.

 

The Judge struck out the Claimants claim as on 2 occassions he set directions that they supply paperwork to the Court by a due date and they ignored both the Orders.

 

The Judge Struck out their claim,

 

Upon the Claimant having failed to comply with the Order on 25th April 2014 and further upon the Claimaint failing to serve a full breakdown of costs claimed as directed in a further order dated 7th May 2014

 

And upon no defence having been filed to the Counterclaim.

 

It is ordered that

 

The Claimants claim is struck out.

 

Judgement for the Defendant on the Counterclaim.

 

Any party affected by this order may within 7 days of Service upon them apply to the Court to have it set aside. Dated 20th May 2014.

 

 

The Claimant has not applied for it to be set aside. They are a firm of solicitors yet they are now chasing me again for the debt, giving me 7 days to pay or making threats. I have reported them to their Governing Body, but as they have taken it to Court the Governing Body won't do anything or get involved.

 

I thought I had read some where but I must have been mistaken that you can make an order Absolute ie they cannot reapply to have it set aside at a later date. Sorry my mistake, I was trying to find a way of doing something to stop them reactivating the claim again.

 

Thank you so very much

Failing to comply with the judges directions twice so there is very little chance of any judge allowing a application now to set aside.

 

 

 

 

I see the judge found in your favour on a counter claim what action has been taken to enforce this judgement?

Is it a money claim?

 

 

A recorded delivery letter to the Senior/managing partner of the solicitors along the lines of.

 

 

Ref: Judgement dated XX.XX XXXX. (Claim Number xxxxxxxxxxxx.

 

 

Sir/ Madam,

 

 

I refer you to the above mention judgement made against xxxxxxxxxxx solicitors on XX. XX.XXXX I now require you to state your intention for settling the counter claim within 7 working days of the date hereon.

 

 

If I do not receive your proposals for settlement I will commence enforcement of the judgement immediately without further reference to you.

 

 

Amend to suit.

 

 

Rogue solicitors must be challenged every time.


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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