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    • Dear All,   So Sorry we have been extremely busy with my work and family emergencies as my outlaws, who are in their mid and late eighties are very ill and they needed medical attention at hospitals.    Andy - Case plan is simply a sheet issued by the court to confirm who will be attending for the both parties and at what time the people will each arrive -  apparently, attendies from either side may no arrive together at the court due to Covid.   BN - The Court has not confirmed the discontinuance. A Judge at the Court has to agree to the Discontinuance but that has not yet taken place. We have 28 days to submit a stay to this notice.    FTMDave – I have always followed CAG advice since the first day I spotted the site and joined. CAG has helped me on numerous occasions. My wife did not want to drop the Counter Claim so it was essential I support her and try and talk her out of it gently.   The PCN should never have been issued in the first place because my wife’s parking area is on a private piece of land. A company leased that area of land (Call it Area A) from the main owner. The buildings in Area A is sub-let out to various tenants with Parking facilities; of which, the company my wife worked for is one such tenant.    To reach Area A, my wife has to drive through the main car park (Area B) of the main owner. It is only Area B which Claimants are authorised to police. Area A is NOT under their jurisdiction so they cannot police there. This is still the case to this day and more specifically, this is something which they are fully aware. There is an agreement between the lessors of Area A and the main owner of Area B. This owner would instruct the Claimant not to police Area A.   After the Claimant issued the PCN to my wife, the solicitors of the Lessors of Area A, issued a cease and desist order to them and notified the solicitors of the owner of Area B.. So all they had to do was to cancel the PCN. We have a copy of this letter and so we can substantiate it.   BN + FTMDave – So, there you have it. This is the explanation you wanted. They were told to stop the case and drop it.    But instead, the Claimant pursued the PCN relentlessly even after my wife pleaded with them (before the case) to stop the matter and cancel the PCN and explained the situation with copies of the cease and desist  letter.    We are following CAG’s advice and to do that we need to notify the Court  where: a.       We will apply to the court to have the Notice of Discontinuance set aside. b.       We will also apply to the court to add an additional case against the Claimants for obtaining data on my wife falsely. c.       We will also apply to the Court to add an additional Defendant to our counter claim – that being the bosses of the Claimant – the owner of Area B   After submission of these applications, along the lines suggested by CAG, we will negotiate a settlement with the Claimants   Any further advice from CAG on (b) and (c) above will be very helpful and very welcome.   Thank you BF    
    • scan up the agreement to PDF  read upload carefully please   easy peasy if you have that   dx  
    • Understood. Maybe as a first step it would be a good idea to write to Amazon and tell them that I would have selected the prepaid hermes drop-off option, like I always do, but I wasn't able to as that option wasn't available for the laptop. Additionally, after Hermes not collecting the item on two consecutive times with the Hermes home pick-up option, I was advised by a customer service assistant to organize the return myself as there is no point in choosing the home pick-up service for the third time. Following his advice and returning the laptop myself being the only available option to send it back to Amazon, I have decided to organize the return myself. I was told that I can use any of the shipping services. To quote I was told: "I could only find the pickup option. So you could arrange your own return using parcel monkey: www.parcelmonkey.com or any similar service. Keep the receipt and send it to: ...url... And we will refund you the postage fees". I didn't get any other instructions and I did what I was told by the assistant to the letter.  What else should I add? Should I mention anything else?   I understand that. I am not afraid of that, I do think that nothing protects them from having to compensate a consumer where they have failed to take reasonable care in performing the contracted service. They have a general duty of care, and they have also failed to provide the service paid for. I really hope that the judge sees it that way too. But maybe Amazon realize the mistake they made and I won't have to sue Hermes. To be honest I think it is disgusting what they do... There is no way to lose a package of 70X40X15. It is way too big. And what are the chances that they lose another package of mine that I send with the laptop at the same time? Obviously someone stole them. What else could have happened? How can they not find the driver who was responsible for the package at the time of moving it from the ParcelShop to the sorting warehouse? And if something happened to the car/driver, it must be logged somewhere. And I would like to see that log (I actually asked them to provide that in my last letter). The whole thing is just unbeliavable.
    • if other details match and this is as a result of say a marriage then yes. CCJ's are not against an address.    
    • Thanks DX and BN.   He did keep saying he’s done loads of parking cases in the past, over the 10 years he’d been doing it, so as you say he’s bound to have come across VCS stuff before isn’t he.   hopefully that’s the case then he just wants to go through it in a bit more detail. Either way you have given me a lot more confidence again now thanks.
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Arrow sold Nrock CCJ for unsecured loan - going for forced sale ***Resolved***


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hi all,

Got behind with n/rock unsecured loan,

they defaulted me and court papers arrived.

 

 

I paid up arreas and a month in advance then entered a DMP through cccs

and sent back the admission form with a much lower offer of payment.

Did not hear anything for 7 weeks

 

 

yesterday a letter from the court arrived saying , with neither partys present..n/rock have refused my offer of payment

and they have made a decision that i should pay in instalments £300 a month(what i was paying).

 

I knew nothing of this going to court,

if the judge looked at my I&E done through cccs he would clearly see i could not afford to make those payments.

To make matters worse the date on the letter from the court was the 14th,

they said i was to make the first payment by the14th

but i recieved the letter on the 15th so ive missed a payment already.

 

Would the judge have seen my I&E,i did not send one,only to n/rock with my admission

,if i had known this was going to court i would have done something about it.

If anyone can give advice i would be extremly gratefull

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hello there,

 

get an application to vary the instalment in straight away. you'll need to fill in a form called n245, the fee is £35 for the application.

 

if you click on the following factsheet, it will fill you in on what to do. if you get stuck with anything get back to us.

 

National Debtline England & Wales | Debt Advice | Factsheet 08 Reducing Payments Or Suspending A Bailiffs Warrant On A County Court Judgment

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Hi thanks for that,

Ive rang the cccs and they say i dont need that form and they are sending a template letter to be sent recorded asking for a re determination. Im a bit confused here,do i do what cccs say or take the n245 route,they say im to send with it my I&E they have done and all should be ok

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Hi thanks for that,

Ive rang the cccs and they say i dont need that form and they are sending a template letter to be sent recorded asking for a re determination. Im a bit confused here,do i do what cccs say or take the n245 route,they say im to send with it my I&E they have done and all should be ok

 

sorry to confuse you, you may be able to get a re-determination. who stated you should pay the £300 and how long ago was this?

 

did you get sent a form called n30(2) ?

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I was originally paying 300 a month to n/rock,defaulted and all that,sent admission with offer of 62 a month as recommended from cccs.Got letter from court

 

Date stamped on Judgement for claiment

(after determination)

14th june

letter arrived 15th june

 

 

Before the proper officer sitting at blah blah

 

Upon neither party attending.

 

To the defendant

The claiment has objected to the rate of payment you offered.

The court has therefore decided the rate which you must pay.You must pay £***** for debt and costs.

You must pay the claiment a total of..........£*****

 

by instalments of £300 a month

 

the first payment to reach the claiment by 14th june.

 

no other form sent no

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CCCS are correct, you can get a re-determination. This can be requested in writing, enclose a copy of your income/expenditure form. Re-Determinations are free.

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Ok thanks for your input,greatly recieved:)

 

no worries, sorry for the confusion!!

 

as the rate of determination was set by a court officer you can request in your letter to have a hearing at your local court, this way you could argue any circumstances for the judge to consider prior to setting your rate of repayment. you should point out that you have a payment plan with cccs and would like a rate of payment which would allow you to keep this agreement so not to upset the applecart, so to speak. i would imagine the other party will not attend so you should get a favourable rate of repayment from the judge.

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  • 1 month later...

Hi all.

Got into trouble with N/rock and they took me to court. a hearing took place without me there and no knowledge of it so i appled for re-determination and recievd a notice of hearing.

 

It states the time of the hearing etc. and that i should attend.

In my letter i stated that i could have the case transfered to my local court, now at the bottom of the notice of hearing letter i have recieved it says

 

Please note: this case may be released to another Judge,possibly at a different Court.

 

My question is will it be or have i got to follow it through and apply for it to be transferred ??

 

Thanks in advance for any replies

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As you are in person (ie not a limited company) you can request that the case is transferred to your local court. You can do this by a simple letter asking for the matter to be transferred in order that you can attend the hearing.

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Ok thanks for that, I did not no if it automatically got transferred or i had to do it myself

 

Phone up the court, ask for a manager, and ask...

 

I think he will say you need to write a letter along the lines of

 

"

 

For the Attention of the Court Manager,

XXX vs YOURNAME

Case No XXXX

 

Your Address

 

Date.

 

 

Dear sir or madam,

 

Is it possible for you to transfer my redetermination hearing to my local court XXX County Court, since I am a litigant in person and would find it very difficult to attend XXX Court.

 

Yours sincerly,

 

XXX".

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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  • 1 month later...

Hi all

 

Ive managed to get a re determination but the problem is the hearing is being held a long way from where i live. Ive been told i need to send a formal request to have it transferred to my local court. Any ideas as to how i should word this letter ?

The hearing is in 2 weeks so all replys would be welcome

 

Thanks for your time

Eggy12

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  • 5 months later...

Will try to make this a short as poss..!

 

Realised i was in trouble with to much credit last year, got involved with cccs, 1 ccj and payment plan set up.

Have main mortgage and second, had 2 months arreas on both and had them added over 24 months, that was july last year.

Had no probs till start of this year as being self employed work was short.

Position now.

Mortgage company have stopped agreement as i owe now 2 months(feb and march) plus the outstanding arreas from last year.

I found work and started last week and look to be working for quite a while, I rang mortgage up and proposed a payment plan to pay off £590 per week so 2 weeks at 590 the 2 weeks at 376 the 2 weeks at 240. by this time i would have paid arreas but the next payments will be due and as long as im in work i thought i could pay them. Problem is im not earning quite what i expected and rang them last night to say.

They say account is on hold till today, because i was supposed to make first payment and its due to be passed to solicitors after, if no payment is recieved. I said the amount i wanted to pay that was £400 per week till its all paid up and they want me to ring in today with I&E !

Obviously they will take all other bills into account and see that if i pay those as well i would not be able to pay 400 a week but im robbing peter to pay paul and can sort that out end next month/ start of may.

Im on a self cert mortgage and they dont no my circumstances eg. I have 1 ccj against me from last year im worried if they find out i will be classed as bad news

Any ideas or suggestions would be much appreiciated

 

Eggy12

 

Sorry forgot the most important thing, I was supposed to be paid today but a mix up occured and i wont be paid till thursday now for this week

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Hi there, it's always best to do things in writing so I would advise you to send them a letter detailing the payments you can afford to make. Don't over commit yourself, it's better to offer slightly less than you think they'll want and then if at any time you feel you can pay more, you can do so.

 

If you send them an income and expenditure form showing that you can only afford the amount you are offering then they will more than likely accept it as there isn't really anything else they can do. If they don't accept it, make the payments anyway and if they do take further action you can show you were making regular payments.

 

Make sure you have the name of someone and the correct address to send the letter to. You should also send it recorded delivery and then check the royal mail website to make sure it has been signed for. Print off the delivery receipt and keep together with a copy of the letter you send - you may need them in the future.

 

If you need help with the letter and I & E form, let me know.

 

Kind Regards

 

Ell-enn

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  • 6 years later...

just found out northern rock sold on a loan to marlin/cabot..

 

been busy with house repo so put them on the back burner till i was sorted.

 

nrock got a ccj on the unsecured loan then as i failed to keep up payments last 13 months they got a charging order.

 

next i know they sold it,

 

 

sent i&e to Mortimer Clarke offerering less than the ccj payments and have not heard back yet.

loan is 12k

 

this was my first dealing with going into debt back in 2007 and just let them (nrock) get the ccj without any knowledge of fighting back..

 

lots of fees in there.

 

 

Any chance i could argue with them about these or am i stuck to the total amount after ccj

eggy12

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  • 3 years later...

Hi, Got paper work from Court today.

 

Sum is around £12k.

 

Long story short, It was a N/rock loan unsecured, they sold it on then arrow bought it and got a charging order. That was a good few years ago.

A few weeks after they got the order they sent me paper work stating as such and wanted it paying. I rang them, verbally agreed on a minimal payment and I asked for a sort code and account number to pay.

 

I got nothing from them and as the months rolled by I just ignored it. As things were at the time I would not have been able to keep up with payments anyway but now that things are much brighter Im confident I can offer and keep up payments.

 

How do I go from here.. Ive only 3 years left to pay on the mortgage and would hate to have this upon me now but yes its my fault and would the court take into circumstance I can pay this off and not force the sale of the house. I live here on my own !

 

Regards

 

Eggy12

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Hi eggy12

 

You have 2 options....

 

Either try to get a payment arrangement in place now and try to get the arrears up to to date....if there are no arrears then a forced sale application fails.

 

Or defend the matter on the basis of above stating that they refused to give you payment details...and if you can back this up with evidence..letters emails etc. more the better.

 

Most cases like this are suspended anyway once you guarantee a payment plan and try to reduce the arrears.

 

Was it a forthwith judgment or pay monthly ?

 

Regards

 

Andy

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Originally with n/rock the ccj was for £60 a month with no charging order, arrow went for it after buying debt and i offered in court at £1 a month, that failed and they got charging order. I've paid nothing to arrow at all. No evidence as was just a phone call, my first port of call is to ring them today and see if I can get a payment plan in place.

Eggy

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I would try to a get a payment plan in place and suggest they consider withdrawing their application with view to saving further costs

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 OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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Make it a realistic offer otherwise they wont bite.

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 OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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  • 4 weeks later...

Well done eggy....thread title amended to reflect the outcome.

 

Regards

 

Andy

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 OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

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  • dx100uk changed the title to Arrow sold Nrock CCJ for unsecured loan - going for forced sale ***Resolved***
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