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    • It seems to me that you could probably apply for judgement on 30 October. However it's a good idea to keep on checking regularly to see if it is permitted before then. As soon as it allows you, do it.
    • Deemed service on a company is two days after issue. Deemed service on a litigant in person is five days after issue – unless something has changed. I've already said that proposing to send further particulars is generally speaking unnecessary and only complicates matters as you are finding out. However as you have indicated that you are sending further particulars, send them further particulars and simply state in the body of the particulars that you have nothing to add to the particulars of claim contained in the original claim form at this moment. Send that straightaway so that when you apply for judgement you can click the box and say that yes you have done that. It might not have been fatal not to have informed them that it was a laptop – but it is better that you did and the important thing is that they had been told of the item and of the value at the time that you entered into the delivery contract. I think that you will find that laptops are one of their prohibited items – along with almost everything else in the world
    • *Update* turns out Capquest bought the debt from Phoenix Recoveries. We now have a reference number for our solicitor to use. 
    • Ah I thought you meant in the actual MCOL claim, in the ebay listing yes, in the PackLink compensation claim yes as well, in the MCOL claim I made no mention aside from the value of the item.   and just an update:   I am able to request a judgement from the two separately.   The claim was issued on the 13th, plus 5 days and another 14 days = 1st Nov my guess (not accounting for business days)   This was also added:    
    • Okay, so what you have to do is you have to take the money you paid to the garage which I understand is £2000. You've gotta consider that the value of the labour they put in was completely wasted because you had to have the turbo taken out and then refitted – is this correct? However, the turbo itself was useful to you and so you should be required to pay for the cost of the turbo. If this is correct and you have independent evidence that the turbo had been incorrectly fitted then you should sue them for the balance. This means that you have to find out the cost of a turbo – was it an original or was it a pattern part? Anyway, you have to find out the cost of the turbo and deduct that from the £2000 and that should be the value of your claim unless you can tell us of any other losses which you have reasonably incurred as a result of their poor workmanship. Let us know
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
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      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
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Eviction Order for 27th July


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Hi, do you mean you'll know by this Friday evening (17th) - it' s very unlikely the lender will withdraw the eviction order unless you pay all the arrears. The court cannot make any decision or give advice, they can only suggest applying for a hearing which you should do by latest Monday 20th. You will need to take the N244 application to the court personally and pay the fee of £50 in cash. If you do nothing, the bailiffs will arrive on 27th and you will have to leave the property.

 

I can help you with the N244 application if you wish.

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David is there any reason why your Wife could not secure at least a part-time job to help make ends meet?

 

 

Self employed earnings can be erratic as you know and a modest regular income from her would give you much more breathing space. With no children at home and therefore more flexibiilty than a working mum it would seem a logical thing to do.

 

 

I know myself that constant money worries are a miserable way to live! Also with that level of equity you could presumably buy a house mortgage free. However attached you may be to the property, imagine not having to pay a mortgage every month!!

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Hi BornThsWay. My wife was asked to interview for a part time job eight years ago, but a long period of ill health scuppered this.....and her pension slarts in a year.

 

 

I have arranged for the company paying me in August to pay me next week and carry out some extra work for them. This will be paid on Wednesday and the lender is happy to cancel the order if they receive a payment of two-thirds of outstanding court arrears next week and allow me to catch up over three months.

 

 

Ell-enn, if the money is late in what is the latest point I can apply for an N244 - you imply it's a week?

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As the eviction is schedulled for Monday 27th, you would certainly need to apply at the latest Wednesday to get a hearing before the weekend. Depending on the court lists and what days they have judges some courts will accept late applications.

 

Which court is it (you can aswer by private message if you'd rather)

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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Hi Ell-enn, I was going to reord them agreeing to accept the 2/3rds payment beore making it, but I understand this cannot be played in court.

 

So no point in recording it?

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OK, paid 50% of court arrears yesterday and court confirmed order has been cancelled. Paying balance of court arrears over 6 months.

 

 

Thanks to Ell-enn and others for all your help.

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That's great news :) you must be relieved. If possible you should make your monthly payments a few days before the due date - if you are even one day late in paying then they can go for eviction again.

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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