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    • is the side street solely for access to your garages? who owns the land and thus the road? dx  
    • A local business has been parking on an off-street parking space in front of my garages (in a side street).  I wasn't using them for a while so didnt bother to do anything.  But now a second local business is also using the osp - taking it in turns with the 1st biz.  This has started to nark me.    The employees choose to drive to work.  There is no private parking in their business's street.  But there are some underground secure garages in their street - which cost apx £2.4k/y to rent - which works out apx £6.60/d. (I believe one of the biz owners already rent one for storage purposes).  If the employee had to park on a meter it would cost them £6.60/h - £66 for 10h and have to move every 4h.  They just don't want to pay for parking. I haven't confronted either of them.  Instead I just put 2 clear "no parking" signs in front of the garages. And a note on one of the cars specifically saying that as they don't live or rent in the street and it's private land could they stop parking.   They ignored that.  And just put notes on their dash with a # to call if one needs the car moved.  There is a sign and they've been told in writing to stop parking. And they are just ignoring it.    I don't what a confrontation.    I don't want to go to the expense of bollards (other than maybe traffic plastic ones - but they'll probs just move them).  Council won't do zilch cos it's private land. And police won't get involved - unless I clamp/ tow the cars and then they'd be after me, not the drivers!    What's the best thing to do?
    • yes might be the best idea. you'd only at best get 8% flat interest and that unusual on a GOGW if this was what it was. simply contact the FOS and let them know its resolved. dx  
    • If you’ve ever wondered how you might fare in armed combat, the first 20 minutes of Steven Spielberg’s Saving Private Ryan is likely to make you thank your lucky stars you were born too late to storm the Normandy beaches on June 6 1944. I suspect many of us might be driven to identify with those men who were absolutely turned to stone by fear. And yet these young men, mainly conscripts, screwed their courage to the sticking point and did the job the fate had chosen for them, heroes all.   .. UK PM Sunak perhaps thinks he understands mind numbing fear better than many as he dishonorably fled the beachhead to do nothing more than double down on dishonest spin and lies from the safety of a UK studio .. The Normandy heroes who not only held their positions, but advanced through hell to a victory that changed the entire course of history .. undoubtedly hold a different perspective.     from a perspective in TheConversation     .. 'That was the slot that sunaks team offered for the interview
    • Yes, send a message to the purchaser but keep it very friendly and simply that you noticed that the package has now been delivered.  I suggest that you ask them if they want to keep the package still or if they would rather return it and that if they want to keep it then please will they return your payment to you to your PayPal address. Keep it as polite and friendly as possible and then we will decide what to do if he doesn't reply or refuses.  Meanwhile I will have a look at Google earth and see if you are able to spot the gas meter outside the house to get an idea if the delivery is real. Get a screenshot
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I owe legal costs- Judgement Creditor charging daily interest.


Dookist
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I've asked for some more knowledgeable members of the site team to advise you Dookist. Can you summarise your reasons for applying for a set aside please.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Hi Caro…

 

A Judgement was made against me for a Final Charging Order (Form K Restriction).

 

More than 30 days after the Order was made, the Judgement Creditor made an application to the Court on N244 to vary the Order.

 

A variation of an Order can only be made through the Appeal Procedure and there is usually a 14 day time restriction, CPR 28 r 4.2(2), especially as the JC was at the hearing, CPR 28 r 4.3(2), so could have made a request to vary at that time.

 

I believe also that it is difficult to vary an Order once it has been made, unless there are very good reasons for doing so, such as there being a material change of circumstances since the Order was made, or where the facts on which the original decision was made were misstated (CPR 3.1(7)), neither of which apply.

 

However, the DJ awarded the JC a new modified Order… no idea why as the Court does not have the jurisdiction to vary its' original order once it has been sealed (other than through an appeal) & so the new order is (or so I have been told) unenforceable due to it being illegal at its' formation.

 

I would appreciate any views, please.

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They're not appealing though, just applying to amend the wording of an Order.

 

Why would a Judgement Order need amending/correcting?

 

Does a Judge even have the right to revisit his own Judgement after it has been sealed?

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Generally, under CPR 1 and CPR 3 a Judge can do pretty much whatever he/she wants.

 

CPR 73.9 allows a Charging Order to be varied upon application to the Court but not sure this should be used to vary the wording of a Restriction.

 

Can you refresh my memory on the exact wording of the amended Restriction?

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Hi Ganymede…

 

You are probably aware of the wording of a standard form K restriction which states that notice of disposition must be given to the creditor on the sale of the property…?

 

The modified wording is that 14 days notice must be given prior to disposition…

 

So it's more like a caution.

 

I suppose it doesn't make that much difference, really… I am just annoyed that they didn't give me a chance to make any submissions at court.

 

Everyone has the right to a fair hearing… or so we are led to believe, but much of the time this is far from the truth...

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  • 7 months later...

Hello all!!

 

Just wondering if I am unique in having TWO charging orders (a standard form K restriction and a modified restriction) for a single debt?

 

I would be very interested in hearing from anyone else in this situation, please…we can compare notes!

 

Is this a new thing?

 

Dookie.

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Can you tell us some more then please, because you've posted in the benefits forum. Who is your debt with?

 

HB

 

Sorry, HB… I didn't mean to post in the benefits forum… Would you be able to move this to the relevant forum, please? (I have trouble finding the "Post New Thread" button as it doesn't show up on my computer for some reason).

 

I have to pay legal costs of £25,000, which have been secured first by a Standard form K Charging order, then as soon as the Order was made, the JC straightaway made a Without Notice application for a modified CO. The modified version does not replace the original CO, as that was ordered to continue. I am wondering if there are others out there who have had a similar thing happen to them, as I have trawled the web without success. I seem to be unique!

 

I don't really understand why the JC needed the additional CO, or the Court's decision to allow the hearing to and grant the order in my absence and that of the joint mortgagee.. I thought that Without Notice applications were only allowed in exceptional circumstances… there was hardly any urgency as the JC already has security by way of the CO.

 

Dookie.

Edited by Dookist
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Just keep to your thread Dookist..instead of starting a new thread for every new question/development of the same problem.

 

Regards

 

Andy

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  • 2 years later...

Oooh nooo...

Sorry...I think I've posted on the wrong thread... I was looking for help filling in a form N260, please... (for a summary costs hearing)...

I hope someone can re direct me to a suitable thread.

Mant thanks, Dookist

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Back in the room... it's been a long and very stressful time!

 

Just to update... the court finally awarded a judgment against the person who caused my sale to collapse.

 

There will be a hearing in March and court directions state that I must provide a detailed statement of costs...

 

I've looked at form N260, but can't understand it... it seems to be for solicitors who log every item by the minute.

 

I haven't kept a record of the time spent on the proceedings over the past 18 months, when I issued a fresh claim.

 

Stupid, I know, as now I can't remember how long I took on each item.

Probably too long... I spent 8 hours Googling N260 yesterday to see if I could find any examples...

 

I was wondering if I should write to the court, telling them that I am unable to provide a detailed statement, and whether or not they could assess my costs on the amount of hearings that I attended and preparation for each of them...

 

Any help would be very much appreciated...

 

Thank you, Dookist.

Edited by dx100uk
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