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    • draft order   Leicester County Court County Court 90 Wellington Street Leicester LE1 6HG   In the Leicester county court Claim, No 164MC057 Before District Judge McClure Dated 23//10 2020 Claimant/s Mrs XXXXXX Mrs xxxxxxxxxxx  (nee xxxxxx xxxxxx) and Defendant Goosedale Ltd T/A Goosedale Draft Order IT IS ORDERED THAT: 1. Pursuant to CPR 19.4.1 and CPR 19.2.2 (a) it is requested that a second claimant xxxxxxxxxxx be added to this claim. It is desirable to add the new party so that the court can resolve all the matters in dispute in the proceedings. 2. The proposed amended particulars of claim be reserved Pursuant to Practice Direction 19 (2.1) ###### End of Order ###### Amended Particulars of claim for N1. The claimant and second claimant joinder seek reimbursement of £7700 paid to the defendant on XXX date 2019 in respect of a frustrated contract for a wedding venue booked for the XX date 2020 and which was cancelled by the defendant as a result of implementing government restrictions in respect of Covid 19 Legislation. The principle claimant makes this claim pursuant to Contracts (Rights of Third Parties) Act 1999. The defendant has refused to refund the contract price. The claimant seeks £7700 plus interest plus costs.        
    • I attach the N244 AND Letter and the defendants letter below in order as I complete each step   Thank you I will send these via email to the Court after 13.00hrs cag N244.pdf
    • Young people are still the most likely to be losing out in the job market during the current pandemic. Our Operations Director joined careers experts from Scotland and Wales on the BBC Radio 4 programme Money Box. View the full article
    • Thank you Andy no nothing has changed its still the same for £7700 I was going to include the interest and costs, but I understand the claim now a little better, we have been told to work from home, I have printed off the N244 as I could not save a copy I have detailed everything as stated.   I will post up the two letters to be attached the defendants and my daughters, can ii add that she gives me permission to represent her in court as she will be abroad when the claim goes to Court I can get a witness statement from her to confirm this too.   So with the application N244 completed as above for £7700 plus costs and interest I will attache my daughters letter as detailed under Sec 19 (2.1) Defendants letter giving no objections    I will send this by email tonight after I have finished work
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I have a charging order on a my property's disputed the debt, as I do I disputed the debt (another long story )took it back to court but judge decided to let it remain and could not afford to continue the fight,

Anyway I am we're I am now,have not paid any of the debt as of yet ,but am worried they will force the sale,

Can I offer to make the company payments without accepting liability for the debt ,if so does anyone have a template for this,

The debt is for £6000 ,I can only afford small repayments as I'm on a very low income approx £900 a month,

Also I have changed my name back to my maiden name since all this,and updated the deeds at landregistry ,but the charging order is in my married name,so now am I obliged to tell the creditors as the charging order is now in a different name to the property that they have a charge over.

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I am not sure whether you have to advise your creditors of your name change.. although it is likely at some stage your Credit files will be updated via the electoral roll or utility bills, even a mobile phone contract.

 

If you are going to make an offer of repayment then you will need to produce an Income & Expenditure form. It might be worth contacting National Debtline with some help with preparing a Common Financial Statement.

 

Do you know if there is any interest being added to the Judgment debt ?

 

Can you also let us know a little bit more about the actual debt that was the start of this? When did you receive the CCJ and when was the Charging order awarded.

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Hi,

 

tks for your reply

it statrted April 2013 with a credit agreement for a kitchen from Band Q,

which was cancelled 2 days after when i paid cash instead ,

CCJ was given in Nov and charging order in Jan 14,

I took it back to court where their solicitors implied that anyone could make a bank statement to show a transaction and i should be able to show other proofm,

judge let charging order stand

 

Can not afford a legal battle,but i am very worried they will force the sale as they their solicitors seem to be very dodgy,

so the only thing i can do is to try and offer a payment plan without saying i am paying because i owe you the money

 

The original payments were £100 per month but i would no longer be able to pay this amount as i am recently divorced,

 

any help with a template to offer payment without prejudice,

 

or any other suggestions of holding back the order of sale would be really helpfull

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ninak you say there was 100/mth. is there an Instalment Order in place re the judgment?

IMO

:-):rant:

 

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No he just ordered the full amount

Didn't mention anything about instalments

£100 a month would of been the monthly payment for the original credit agreement

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Hi,

 

tks for your reply

 

******it statrted April 2013 with a credit agreement for a kitchen from Band Q, Credit Agreement Cancelled And Cash Paid for the Full Amount???

which was cancelled 2 days after when i paid cash instead ,***********

 

 

Where does this debt arise please?

 

 

 

CCJ was given in Nov and charging order in Jan 14,

 

I took it back to court where their solicitors implied that anyone could make a bank statement to show a transaction and i should be able to show other proofm,

judge let charging order stand

 

Can not afford a legal battle,but i am very worried they will force the sale as they their solicitors seem to be very dodgy,

so the only thing i can do is to try and offer a payment plan without saying i am paying because i owe you the money

 

The original payments were £100 per month but i would no longer be able to pay this amount as i am recently divorced,

 

any help with a template to offer payment without prejudice,

 

or any other suggestions of holding back the order of sale would be really helpfull

 

 

Could you answer the question****** above**** Please.

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No he just ordered the full amount

Didn't mention anything about instalments

£100 a month would of been the monthly payment for the original credit agreement

 

ok

you asked about 'holding back the order of sale'. was thinking of s93 Tribunals, Courts and Enforcement Act amending the Charging Order act. which prevents a sale if there is a non defaulted Inst Order in place.

maybe cld apply for one, maybe s93 wld still have effect if an inst order now?

another option cld be a Time Order.

IMO

:-):rant:

 

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