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    • If he was paying a Solictor by the hour I'm sure he would be more engaging....we offer this service free of charge in our own free time.   He needs to engage and fast.   Defence due Friday 11th Dec by 4.00pm   .
    • Applying for a charging order involves two stages: the interim charging order and the final charging order. Interim charging orders If your creditor decides to apply for a charging order: Your creditor sends a form to the court along with proof from the Land Registry that you own, or jointly own, your house If the court agrees that you own a share of the property and a charging order is allowed under the rules above, you'll be sent an interim charging order on form N86 and a copy of the creditor's form N379. These show the reasons they've applied. This is also sent to your spouse or civil partner, any other joint owners of the property and your mortgage company or other secured lenders A restriction will be placed on the Land Registry, stopping you from selling your house until the final charging order hearing. You will get a form B136 from the Land Registry telling you this has happened. You don't need to reply to this form The interim charging order is issued without a hearing. If you do nothing, a final charging order will be issued 28 days later. If you want to object to the final charging order, you must write to the court and creditor within 21 days of receiving the interim charging order. The court may then arrange a hearing to make a decision. Reasons to object might include: The property doesn’t belong to you, and you are not entitled to a share of any equity in it The CCJ happened before October 2012 and you’ve not missed any instalments set by the court The creditor has not followed the application process correctly, for example they’ve not informed your spouse or civil partner You can also write to ask the court to set conditions on the charging order. One condition that we recommend asking for is an affordable instalment order, if one is not already in place. This is where the court sets a regular payment. If the court agrees to this and you keep up with the payments, the creditor will find it much harder to take further enforcement action through the court. If no instalment order is set there’s a risk the creditor could take further action, for example by instructing enforcement agents (bailiffs) to visit. If your CCJ was date 1 October 2012 or later, an instalment order which is up to date also prevents the creditor applying to force the sale of your home. Final charging orders For the second stage of the charging order process, if you’ve not made any written objections, a court officer or sometimes a District Judge will decide whether to make a final charging order. If you wrote to the court and creditor with objections, or you requested other conditions are applied, the court may arrange a hearing to decide whether to make a final charging order. The hearing will be at your local County Court hearing centre. The hearing will usually be in private chambers with a District Judge and normally a representative from the creditor. The judge will listen to both sides and decide whether to make the final order or not, and what conditions if any are to be applied. Once a final charging order is made, you’ll get a letter from the court confirming this on form N87.   Regards   Andy
    • 100% agree Andy, will try again. TBH, I did expect a little more info from him.
    • Not really ......why .?  But if he can't even remember a small detail such as I've asked like when did he / others start this practice of swiping their own cards then it does not really give me much to work with in any proposed mitigation defence.   Its simple to draft a defence which puts them to strict proof to quantify their losses and prove the amount claimed.   At worse he loses with a much reduced figure...at best he wins because they are unable to prove......but the small details are important and most of all his honesty demonstrated if a mitigated defence is used.   Andy
    • dx100uk,   no he is joint owner.  The interim charge order is already shown on the title register of the property and the other joint owner ( wife ) has been served with the notification papers as per the procedure. 
  • Our picks

Arrow claimform - Virgin Credit Card 'debt'


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well we didn't know about this claim till very late

 

 

you've not time to get your CPR/CCA back before you must file sat midnight

 

 

prob the no paperwork/holding defence

 

 

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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you came here 21st august

to tell us you got a claim form.

 

 

dated 25th july [update 30th july - dx]

 

 

the cca alone is 14 working days

 

 

you didn't post them till the other day.

 

 

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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Share on other sites

The particulars of claim is a statement of "facts". Among those "facts" will be "agreement for", "assigned to", "defaulted on", "sum of"

 

Your defence would normally challenge these assertions with further facts. You will challenge them for the "agreement" they assert exists. If they fail to come up with the agreement you can then state in your defence that there is no agreement. For example.

 

Given sufficient time, it is normal to gather the evidence to validate their claim. Or not... Usually not...

 

You are out of time to gather the required documents (or an acknowledgement that the other side do not have them). There is a defence that you can use in such a case. It is called the "holding defence".

 

It is an inferior defence to a solid rebuttal of their claims but it is all you have.

 

Search this forum for "holding defence". If the judge accepts that you will need to continue to work to validate their claims.

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I have been trying to file the defence since Friday evening and it won't allow me to login saying:

 

Your details could not be confirmed, please contact the helpdesk or try again later.

 

It will accept the details to issue a new password, but not login. Helpdesk support is normal office hours.

 

Tried Windows 8, 7 and XP and IE (2 versions and Fierfox).

 

What can I do if they are having server problems?

 

An

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you can email them in

 

 

might be an idea to post up your defence

 

 

but whatever you do

DONT MISS MIDNIGHT

 

 

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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Share on other sites

Thanks dx, I found the issue date was 30 July not 29, so have until tomorrow.

 

The emails I have is mcol@hmcts.gsi.gov.uk and enquiries@northampton.countycourt.gsi.gov.uk. Do you have a better one?

 

I will continue to try tomorrow, but if I cannot get in, should I send a covering email saying I was unable to log in and attach a Defence and Counterclaim(specified amount) which I can download? and as you suggest post it on the forum before sending.

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Sorry dx isn't the defence due date on Monday 1 September?

 

Issue date: 30/7/14

 

Date of service: (+ 5 days) 4/8/14

 

Acknowledge: (+14 days) 18/8/15

 

Defence: (+14 days) 1/9/15

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no issue date is day one, so if dated 30/7/2014

 

your submission date is 31/8/2014 (33 days in total)

 

Do not miss

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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no claimform date is day one of the count

you must file by midnight day 33

 

 

tomorrow sunday.

 

 

those addresses are ok to use.

 

 

you cant 'counterclaim' anything.

 

 

is their any mitigating circumstances you can use

that might get you off the hook as to why you didn't

request documents till 10days before the filing date?

 

 

you are going to be hard pushed to convince a judge not to allow a default judgement here

as you did ack the claim so were aware of it

but you simply sat on your hands

for want of a better word.

 

 

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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This is the one you need: ccbcdefendants@hmcts.gsi.gov.uk

- just title the email with your case number.

Put *****DEFENCE BEGINS***** and ***********DEFENCE ENDS**********

before and after your defence.

 

If you're stuck with the defence, take a look at mine

- post #65 in this link (note the red paragraph that I took out for the actual defence).

 

 

You may want to read the pages prior to see how we arrived at that end result..

 

 

..I didn't have a clue what I was doing, not much better now but have been on a bit of a learning curve with it all -

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?404641-MBNA-court-Activ-Kapital/page4

 

Good luck!

 

Sham

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you old thread appears to be what you need:

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?371060-Help-needed-with-county-court-summons-from-Santander

 

 

can you please check the card number matches that of you old thread here

as this info might be useful.

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?285698-MBNA-trying-to-force-me-to-ring-them-for-harrassment-session/page2

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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Thanks Sham will steal a bit of yours.

 

dx, I have been working until the early hours for the last two months 7 days a week and simply did not know that I had tp send the CCA and CPR letters until earlier this week. My only excuse is ignorance.

 

I did NOT "ack the claim" as you say, I acknowledged service.

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that is what AOS does.

 

 

the thing is

 

 

 

 

its not the first time you've been to court

and

had to do this type od thing

 

 

you should have known what to do

 

 

hope you get a good judge

 

 

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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Share on other sites

It will be the first time I have been to Court and I was not aware of what I had to do, although I should have been.

 

Of course, I will treat tomorrow as the deadline, but it may to valuable for CAG members to clarify the due dates.

 

If 1 day after today is tomorrow, 33 days after 30 July is Monday 1 September. Do you agree, if not please can you explain? As this is very misleading on behalf of the courts.

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but it may to valuable for CAGlink31.gif members to clarify the due dates. - ruth its explained in the link in post#4

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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please stop faffin around

 

 

from the date top right claimform

you have 33 days

you must file your defence by midnight on that day

 

the date on the claimform is counted as day ONE

 

get that defence up.

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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Share on other sites

I'm not faffin about, I trying to clarify something something that may be very important to somebody in future.

 

The oldrouge pointed me to:

 

Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) -

 

^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE OF THE CLAIM IS DAY 1 [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total

 

Is this mentioned somewhere from the court service or is this CAG wording?

 

but the court says 33 days after, how do you make sense of that?

 

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I think your issue is your defence

not trying to find 'fault' in something

that I think in over 11,000 threads in this forum

someone else would have spotted by

now if it were wrong

 

 

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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Share on other sites

My defence IS weak and I won't waste your time with it, but that was not my reason for the clarity.

 

I was only trying to point out if you are correct, and with your knowledge against mine, I'm sure you are, it is very misleading of the courts to say 5 days after.

 

Many thanks for the help.

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only in relation to deeming the claimform has been served.

 

 

'after 5 days it is deemed the claim has been served'

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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Share on other sites
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