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Arrow Not Accepting Payments on CCJ


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Thanks sequenci and andyorch for the information.

 

That is a really good website!

 

Another question I'm afraid:

 

a friend says she might be able to help me out but can't afford more than about half of the amount I owe (thank goodness for friends!!)

 

So, if I send a F&F settlement letter to them and they agree to accept,

 

how do I get the CCJ removed?

 

Do I have to mention it in the F&F letter?

 

rgds

CL

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You cant .....it would appear as partially satisfied or satisfied and remain on your CRA,s for 6 years.

We could do with some help from you.

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Well the game is to avoid the CCJ in the first place...which you probably will in future.

We could do with some help from you.

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  • 3 weeks later...

I've been reading your thread and hope by posting my husband's experience you will be reassured.

 

A few years ago Restons applied for CCJ's on 2 of my husband's defaulted credit card debts.

 

He had been paying them for over a year via a debt management plan operated by Payplan.

They were hell bent on squeezing the total debt plus charges and interest out of him and refused to accept the DMP.

They got their CCJ and the Judge ordered installments at the rate of the DMP, we managed to kick out all the larded on costs and interest.

 

Then they applied for a redetermination, the DMP payments were not enough and they also applied for a charge on our house.

I objected to this and we went to our local court to discuss this.

 

It was informal and held in the judges 'chamber'.

 

He was highly critical of Restons and very considerate of my objections.

 

In the end he did award the charge but instructed that the monthly payments continue as set

and that as long as this was met they could not apply for our house to be sold.

This was recorded on the CCJ

He also said that had my husband been able to clear the debt in five years he would have been minded not to grant the charging order.

 

My husband kept up the payments for 3 more years until last year they accepted a full and final offer.

They removed the charge and the Land Registry confirmed to us that it had been removed.

 

And the come-uppance theory does work,

after we left the court for the Charging hearing,

walking across the car park back to our car,

the local brief who had represented Restons caught up with us

and was kcking off about Restons big time.

 

They refused to pay him for the hours he'd worked on this case,

he looked like he'd swallowed a wasp!

 

We told him that he should give serious consideration to obtaining a CCJ and charge on them and bust our guts laughing!

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Hi andyorch,Right, I see but we live roughly 150 miles away from Kings Lynn! Why would they apply for the Hearing to be held there? Also wanted to ask you - the debt on the CCJ is under £5,000 but with Court costs etc. added for the CO it will probably take it over £5,000. Will they be able to add interest to it because of that?Hi DuffNCustard,Brilliant, thanks for sharing that with me. I had a good laugh!CL

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You can make application to transfer it to your local county court...you are the litigant.with regards the interest...its the judgment debt amount stated within the judgment order..so if less than 5k you are protected.

We could do with some help from you.

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Thanks so much for the info Andyorch. But how do I make application to have it transferred? Which Court form will I have to complete? And presumably I will have to send Restons a copy of it as well?

 

Rgds CL

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http://www.consumeractiongroup.co.uk/forum/showthread.php?406095-LEGAL-N244-Application-Notice

 

The fee is £55..the court will serve a copy.

 

Regards

 

Andy

We could do with some help from you.

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Thanks again Andy,

 

I haven't yet received the Interim CO so all this info is arming me for when it pops through our letterbox!

 

I'm worried that I will miss the time slot for changing the Court Hearing venue as we are being taken on holiday with family during August! Is there a form requesting another date for the Final CO Hearing?

 

rgds CL

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Wait until you get the paperwork....your options should be provided within the General Order Chicken.

We could do with some help from you.

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Having said that if as you stated " Received from Northampton a Notice of Transfer of Proceedings to King's Lynn "...you should be making application now.

We could do with some help from you.

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  • 4 months later...

Hi All and a Merry Christmas to everyone,

 

This was originally a HBoS credit card debt! A CCJ was slapped on me and within 5 months of paying regularly Restons started hassling me to increase the payments. I ignored their letters and now they have sent me an Interim Charging Order (received last Thursday). I have already emailed the Court and requested it be changed to my local Court.

 

I also received copy of Title Deeds from the Land Registry (so did OH) with a deadline of 8th January to return their Consent Form.

 

Hoping someone out there can answer a few questions I have about this please:

 

I don't feel inclined to Consent to this CO so can I just object on the grounds that I have not defaulted on my payments?

 

And, if I do have to sign the Consent form can I then object to it when I get into Court?

 

And what about OH? Naturally, he objects! But what sort of objections would be accepted as relevant, short of saying 'no way'?

 

Can anyone help me here please?

regards

CL

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old and new threads merged

 

 

please keep to one thread

 

 

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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Hi All and a Merry Christmas to everyone,

 

This was originally a HBoS credit card debt! A CCJ was slapped on me and within 5 months of paying regularly Restons started hassling me to increase the payments.Ignore unless they apply for a redetermination I ignored their letters and now they have sent me an Interim Charging Order (received last Thursday). I have already emailed the Court and requested it be changed to my local Court.

 

I also received copy of Title Deeds from the Land Registry (so did OH) with a deadline of 8th January to return their Consent Form.

 

Hoping someone out there can answer a few questions I have about this please:

 

I don't feel inclined to Consent to this CO so can I just object on the grounds that I have not defaulted on my payments? No its irrelevant

 

And, if I do have to sign the Consent form can I then object to it when I get into Court? No Consents involved

 

And what about OH? Naturally, he objects! But what sort of objections would be accepted as relevant, short of saying 'no way'? If its your debt only on a joint mortgage ...a restriction is placed against your half of the equity.

 

Can anyone help me here please?

regards

CL

 

Regards

 

Andy

We could do with some help from you.

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You can but I will doubt it will effect the Charging Order going through.

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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Is it the case that if I don't let them know of my other creditors now then I can't mention them at the Hearing? I am really worried about all this paperwork that I have received - I just want to do things right. I hope you don't mind me asking you these questions.

 

CL

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