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very old B+B mortgage shortfall CCJ - order to attend court - help!


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Whether they can still enforce the debt, as a court has not dealt with it since 2009 is another matter.

 

.

 

From Patel v Singh 2002

 

I accept, as the Lowsley case dictates, that whether a writ of execution will be allowed to be issued is a procedural matter and that the intention was that the court should have a discretion.

 

 

But it seems to me to be impossible to ignore the fact that, whereas in the six-year period the judgment creditor was entirely free to issue execution on his judgment in any way he chose, that freedom has been removed after the expiry of the period and it is left to the court to decide whether to allow the judgment creditor to proceed with one form of execution, the issuing of a writ of execution.

 

The policy of the rule seems to me to be that ordinarily after six years permission will not be given and that is underlined by the provisions of Order 46 rule 4(2), requiring the judgment creditor to explain his delay.

 

 

In contrast there is no rule that the judgment debtor is to file evidence to state what prejudice, if any, he has suffered by the delay.

 

 

In my judgment, therefore, consistently with what this court said in Powney, the court must start from the position that the lapse of six years may, and will ordinarily, in itself justify refusing the judgment creditor permission to issue the writ of execution, unless the judgment creditor can justify the granting of permission by showing that the circumstances of his or her case takes it out of the ordinary.

 

 

That may be done by showing the presence of something in relation to the judgment creditor's own position, or, as Sir Anthony Evans suggested in the course of the argument, in relation to the judgment debtor's position.

 

 

Thus the judgment creditor might be able to point, for example, to the fact that for many years the judgment debtor was thought to have no money and so was not worth powder and shot but that, on the judgment creditor winning the lottery or having some other change of financial fortune, it has become worthwhile for the judgment creditor to seek to pursue the judgment debtor.

 

http://www.bailii.org/ew/cases/EWCA/Civ/2002/1938.html

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My head is spinning and hurting even more now theoldrouge !!!!!

 

Just stop thinking about it, if you can. There is nothing you should do at the moment.

 

If UK Asset Resolution or their debt collector representatives want to take it to court again, then you will be given notice by the court and you can come back to seek further advice.

We could do with some help from you.

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10/10^^^^^^^^^^

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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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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  • 4 months later...

# UPDATE #

 

Got a letter yesterday from drydensfairfax soilicitors, representing Bradford and Bingley about the mortgage shortfall of £35,126.35

 

The letter says despite reminders I have failed to make any payments.

 

 

In the event of payment proposal not been made within 14 days of this letter our client may choose to enforce the Money Judgement that the previously obtained against you.

 

 

In the event that our client chooses to enforce the judgement it will do so on the expiry of 14 days from the date of this letter with out giving notice to you.

 

 

They want me to contact gem to make proposals.

 

What do I do now.

....last thing I want is money stopping from my ex wages.

Thanks in advance.

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please scan the letter up to PDF

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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I can't scan as I only have an iPad

 

If I remember last time I sent you stuff I photo'd the letters and sent them to you by email. Is this still an option so you can see the letter. Thanks.

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ofcourse

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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usual willy waving by drydens

the CCJ is older than 6yrs

 

its extremely rare for any court to allow enforcement outside of 6yrs.

 

interesting their client is B&B

when we already know this shortfall was sold on I think...

 

doesn't say WILL anything.

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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I don't think the debt has been sold on, all the letters I have ever got are by companies acting on behalf of B&B.

 

 

Yes the money enforcement is well over 6 years,

will they know it's not enforceable after all they are solicitors and will know the law.....

... I'm struggling as to know what's best to do.

Thanks for all your help again.

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Let them go back to court if necessary to ask for more time to enforce the debt. Come back here if they make such an application.

 

ericsbrother- Bradford & Bingley now administered by UKSAR

We could do with some help from you.

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I know and UKAR is supposed to act in the interest of the taxpayer whilst being fair to ex B&B members/stakeholders/customers etc.

 

I made the comment because I reckon they would fall at that hurdle

- ie action being in the best interests of the taxpayer or wasting money on chasing a no hope sb debt.

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  • 3 months later...

UPDATE....... HI GUYS, JUST BEEN SERVED WITH SOME COURT PAPERS " ORDER TO ATTEND COURT FOR QUESTIONING" ......to say the least I'm worried now. There chasing me for £35,182.35, I have to be at court on the 3rf August to go before a court officer. HELP!!!!!!!

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scan up redacted to PDF this and any other paperwork since you last post

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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I don't have the facilities to scan as I only have an iPad. Can I send them to the cag email address like I did before. These are the only papers I have had since I last spoke to you. They were hand delivered by a courier (so he said),

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Some links that may be of assistance...have you received the following...

 

https://formfinder.hmctsformfinder.justice.gov.uk/n039-eng.pdf

 

Information re CPR

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part71/pd_part71

 

Regards

 

Andy

We could do with some help from you.

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This is an application which can be made once Judgment has been granted.

 

It is not a method of enforcing a Judgment but can be very useful to obtain information about the Defendant's financial circumstances in order to decide which would be the most successful way to proceed with enforcement of a Judgment.

 

This application can be made against an individual, a sole trader or a company, if the latter option is used one or more of the Directors can be ordered to attend Court.

 

The process involves a Court application being made and a Court Order being personally served on the Defendant (or Company Director) ordering them to attend before a District Judge at Court to answer a questionnaire and provide documentary evidence as to their finances. The standard questionnaire makes enquiries in respect of the following:

 

Business Accounts and salary

Bank/Building Society Accounts and Statements

Shares and other investments

Property ownership and assets

Rent and Mortgage payments including arrears

HP and other Agreements

Court Orders and Judgments

Bankruptcy/Insolvency proceedings

Employment Status

Other debts

Marital and Family status including children

If there are specific questions you wish the Court to ask the Defendant these can be included in the application e.g. you may have knowledge of a business transaction due to take place which may affect the Defendant's financial situation in the future.

 

Based upon the information contained in the completed questionnaire you can decide which method of enforcement would be most successful e.g. where a Defendant owns their home and has equity so a Charging Order could be applied for to secure the debt or to find the employer's details of an individual so an Attachment of Earnings Order can be made.

 

On some occasions the Defendant does not attend the first Court hearing and a second hearing date is set, however if the Defendant does not attend that hearing an application for their arrest and imprisonment for 21 days can be made which usually prompts them to comply with the Court Order.

 

https://www.rollits.com/news/articles/order-to-attend-court-for-questioning-(aka-oral-examination).aspx

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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Andyorch......the form finder link not working. I'm going to send the letter to the email address I have used before. Is this something to be worried about ??? ......I'm completely fed up with these people chasing me....1996 they started hassling me for money. I've had enough .....

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fine by me

 

 

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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