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    • Served on 16 Feb.   On reviewing the MCOL website today for an updated, I noticed that 1) Hermes has aknowledged the claim, but not yet filed a defence, and 2) that I there was a glitch / error on the form. Essentially, it looks like I had accidentally left the "I will send detailed particulars of claim" box ticke (I thought I had unticked it), with the result that the claim section has been truncated, and some extra text has automatcially been added - in red below):   "...Claimant seeks £XXX, plus I will provide the defendant with separate detailed particulars within 14 days after service of the claim form. The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of..."   This is obviously not ideal. Is it better to try to amend the claim somehow, or to just submit a brief POC that a) clarifies that I am seeking £XXX plus costs (which was automatically truncated), and b) sets out my calculation of the £XXX?  
    • Hi   It amazes me how they pass the buck as they don't want to deal with a private homeowner but if the shoe was on the other foot they would be hammering down on you for breach of tenancy.   As this is council housing you need to make a Formal Complaint in writing to the Council Housing about this (as a social housing landlord they have a complaints process they have to follow). you need to exhaust their complaints process. Make sure and title your letter Formal Complaint.   From what you have posted this tree is not just a nuisance but also a Health & Safety risk:   1. The tree being overgrown is now a danger to the occupants/Guest/Visitors to your property   2. The tree has overgrown into the Council Housings Boundaries your property causing damage/endangerment to the occupants/guest/visitors.   3. As the roots of the tree are also overgrown into your property you have concerns that these may be causing/damaging to any underground pipework that may be within the boundray of the property.   4. So far the Councils actions have been to treat their Council Housing tenant as a third class citizen with a private homeowner aloud to cause endangerment/possible damage due to these overgrown trees which are encroaching on your council house property/bounderies.   You also require clarification why you were sent the Healthy Neighbourhood Information which states I have to pay £375 to make a complaint. (make sure and attach a copy of the response that states this cost)   You also require copies of the following:   1. Complaints Policy (not the leaflet) 2. Customer Service Standard (not the leaflet) 3. Health & Safety Policy (not the leaflet) 4. Public Liability Insurance Policy. (not the leaflet) 5. Clarification from you if their is any underground pipeworks running through the bounderies within the garden area (you should have full knowledge of this it being your property/plans) 6. Compensation Policy (not the leaaflet) 7. Equality & Diversity Policy (not the leaflet)   When you get the above policies sit with a pen/pencil/highlighter and take you time reading them and just think to yourself 'DID THEY DO THAT' if not mark it then leave it for a while then do the same again this way you can basically throw/write back stating the haven't followed x policy with which part of that policy and your reason. (you are building evidence to use against them using their own policies. I would also like to refer you to The Local Government (Miscellaneous Provision) Act 1976: http://www.legislation.gov.uk/ukpga/1976/57/part/I/crossheading/dangerous-trees-and-excavations     You need to remember yes it is the Council but the Council Housing is a separate entity and is a Registered Social Landlord (RSL)   Is the Council Housing classed as a registered Charity? (what is their registration number whether charity or RSL?)   Also have a wee look at this CAG link:     
    • @rocky_sharma   Fame at last!!   Dunno how much help it would be in your case, but I could try digging out the txt of my defence if you think it might be relevant to your defence. We might hafta do this via PM, then e-mail though if ya wanna go down that route.   Good luck with yours anyway mate.
    • The car finance firm, owned by Provident Financial, voluntarily handed the money to all 5,933 customers potentially affected by the breaches, which occurred between April 1, 2014 and October 4, 2017. It was also fined £2.77m by the Financial Conduct Authority for the way it behaved. The FCA said Moneybarn's actions meant more than 1,400 customers, many of whom were vulnerable, defaulted on their loans after entering into 'unsustainable short-term repayment plans'. This meant that they were punished with extra fees and charges, which many could not afford. https://www.dailymail.co.uk/money/markets/article-8013573/Moneybarn-pays-30m-customers-failing-treat-fairly.html   dx  
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Ho Chi Min

MCE/mortimer CCJ for sainsbury loan- now 9yrs old - trying to Enforce it?

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Hi

 

In short:-

 

CCJ Granted. No contact for 9 years then I get a letter asking me to kindly call them to discuss payment.

 

Does section 24 of the Limitations Act cover this?

 

Does the creditior need Court permission to enforce?

 

Would a Court be inclined to grant such an order?

 

Thoughts much appreciated.

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Ignore it. It is very very very very very very rare for a CCJ to be granted enforcement orders outside of 6 years. The reason being the courts would ask whyt havent they tried to enforce it within the 6 years.

 

Only a very small handful out of millions of CCJ's are ever granted orders after 6 years.

 

Whats the debt about.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

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There is no limitations on enforcing a ccj although 9 yrs after judgement is a bit cheeky, they would have to explain why there has been no enforcement in such a long time.

Await further advice from more knowledgeable members with regards to procedures involving further court enforcement


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GEMHL Settled

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A & L SETTLED IN FULL :lol:

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Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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Thanks Gents I shall await the thoughts of the Elders.

 

If you dont mind I'd rather not disclose more at this time.

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If it a dca that has the CCJ name names


please don't hit Quote...just type we know what we said earlier..

 

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Mortimer clarke are the solicitors, are they the claimant aswell?


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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There is a six-year limitation to the extent that after six years they have to ask the court for permission to enforce it. What's the value of it?


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Were there good reasons why they couldn't enforce before but can now? (Such as you weren't traceable / weren't replying to letters)

If you have been at the same address and in the same financial situation throughout they might struggle to obtain the court's permission to enforce it even though (technically) it never becomes statute barred once granted.

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right so its a consumer credit debt and they managed to get a backdoor CCJ that you knew nowt about. 9 yes ago.

 

 

what was the original debt please and for how much is the CCJ.?


please don't hit Quote...just type we know what we said earlier..

 

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It wasn't backdoor I defended it but had a somewhat biased Deputy District Judge.

 

They then went on to get a charging order but the Judge at that hearing was more on the ball and made it clear that certain conditions around who owned what % of the house needed to be sorted before the order could be enforced.

 

We own the house as tenants in common so the charging order is only on my share of the equity,

 

whatever that is as it could easily be 0% up to a max of 50%.

 

There is evidence in wills made at that time that we intended my equity share to be 0%.

 

That was the last I ever heard from them.

 

Since then I've moved but still own a percentage of the house with the charging order.

So they've always had the means to get in touch with me.

 

CCJ was for around £17k

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so its a restriction K

 

 

what was the debt


please don't hit Quote...just type we know what we said earlier..

 

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so when if it ever sells all the solicitors have to do is tell them its been sold,

 

 

tough luck on them.

 

 

dx


please don't hit Quote...just type we know what we said earlier..

 

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who was the loan with the original creditor...


please don't hit Quote...just type we know what we said earlier..

 

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so an old RBS Sainsbury loan ,

£17k and they've never pushed you...

 

 

that's pretty crass on their behalf really [but good for you!!]

 

 

someones just realised they wont get a penny on this as you don't need to tell them the house has been sold until it has...

 

 

didn't have PPI and other insurances did you?

how big was the org loan and when was it taken out?


please don't hit Quote...just type we know what we said earlier..

 

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open


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Thanks Bank Fodder

 

Well, MCE/Mortimer have popped up again for their 2 yearly round of banter.

 

This time they are threatening to send Marstons round to visit me. I'm planning on sending a letter rescinding any express or implied permission to enter my property.

 

Does anyone have any comments or further suggestions.

 

Thanks as always.

 

 

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Threatening ...being the operative word...dont get into letter tennis with them its not good for your health.

 

Andy


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marstons?

can we see this letter please

scan to PDF only

read upload


please don't hit Quote...just type we know what we said earlier..

 

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Yes of course.

 

I'll scan it in the morning

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acting as powerless DCA's

me thinks MC know the score and have realised they'll be getting stuff all as its a restriction k.

ignore!!


please don't hit Quote...just type we know what we said earlier..

 

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