Idrww - Left UAE 2013 with a loan-Claim Form Received

[SquaddyP]

Yes it was horrendous 

 

i did did not have the skills or knowledge to articulate my side really

 

i stood on oath and went over my finances so the judge could give a monthly amount for me to pay back 

 

I now have a hearing for costs (the appealed) and SO to respond to 

[ConcernedExpat09]

But this is case management?

 

not won yet so why are they going over my finances today? 

[SquaddyP]

They won’t then? I can only say what I went through.

 

it was a summary judgment for me

[ConcernedExpat09]

No I understand that at summary judgement hearing but this is case management hearing did you have one of these? 

[SquaddyP]

No sorry

[AndyOrch]

The land Registry wont let them place a normal charging order if both of you are registered owners/joint mortgage...it will be a restriction K

[SquaddyP]

I’ve never complained or responded to anything I’ve felt was out of order 

 

 I’ve shared documents and never moaned or commented about ill advice that’s been given 

 

so if  by all 3 you include me then not sure why you would

 

But it’s like People can’t ask questions without being attacked on here, which is my own opinion. 

 

I agree, sometimes the advice is very good. And sometimes it comes across as sarcastic - again my own view 

 

 

[dx100uk]

in all 3 cases we were not a party too nor were ever consulted to advise upon the proposed defences.

they never posted here before or after submission

post 70 of your thread clearly paints the story.

 

all fell into the trap that was by a poster that came here saying never post anything...….did their paid for job IMHO when I reality the fleecers see it 24hrs after submitting it via MCOL anyway.

 

dx

 

 

[SquaddyP]

6months ago that was 

 

 

[SquaddyP]

I objected to the ICO's

and won. Twice. 
 

 

[AndyOrch]

18 minutes ago, SquaddyP said:

I objected and won. Twice. 
 

 

 

Really what do you mean by Won....?   So what happened to the CCJs in connection to the Interim Charging orders ?

 

https://www.nationaldebtline.org/EW/factsheets/PDFs/countycourtchargingorders.pdf

[SquaddyP]

Sorry maybe won isn’t the correct term?  

I had the CO declined from the court.

They Appealed.

It was declined a second time.

 

I pay the CCJ monthly.  

There is no CO on my house.    

Had they won the CO I know their next step would have been bankrupt order (not sure the terminology) 

[AndyOrch]

Very lucky...and very rare......you must have had fantastic reasons as to why it shouldn't be placed.

 

The next stage of enforcing a charging order....is Forced sale not Bankruptcy...and force sales in court you can count them on  one hand in the last 5 years.

[SquaddyP]

 Real reasons. A family, child at school still. Not missed a payment. The debt was not proportional to secure to a house and would be paid within 3 years 

[SquaddyP]

I have zero legal training- I can only tell you what happened to me and how I responded Which I am happy to do

 

 

[dx100uk]

cant see one post here where anyone ever said to ignore letters of claim or court claimforms.????

 

the major issue is mostly all of the CWD claim threads here contain months of no updates

whereby the OP's went away and did their own things, despite never taking the correct advice.

 

choosing to sadly following the backdoor advice from a member that came here advising not to ever post up any documents and not tell us anything ever.

 

for those reasons cag is not to blame and i seriously doubt had cag been kept informed and not kept in the dark, every case would have turned out very differently.

 

sadly following the advice from planted members and patsy's from the opposition won the day and probably lined their pockets with more money through backhanders to allow these things to happen.

 

[SquaddyP]

Honestly. You are passive aggressive and actually in my view, of no help. All you do is make sarcastic comments.  You won’t accept if anyone challenges yours advice. Even people who have been through this.  Anyone who loses is accused of not posting everything, not following your advise. Or being a patsy (whatever that is) 
 

I was advised In court by the barrister not to post specific names dates etc as this site is monitored. I was then as part of CWD expenses charged for them monitoring this site. I have their claims if anyone wants to question. 
 

my advice is do your own research. I contacted local universities for law students needing “clients and case studies” I contacted citizens advice and I also contacted a law firm in Lincolnshire who said it was always 50/50 either way.  
 

so anyone saying, Ignore, Post everything on here, Follow our advice,  is in my opinion clueless. (Just my opinion) as true advice would state, we don’t know, it’s difficult to say, try this... etc. 

 

My Best advice is- “not sure I can only state what I have been through”  

 

just saying 

 

 

 

[Hornsey62]

With all due respect dx I dont believe that posters are patsys. I'm certainly not..you have seen every bit of paperwork I've ever received from CWD.

 

To blame us for following advice is unreasonable and if you look back to my first ever post you will see that I was told dont worry you will never have to pay a penny! 

 

CWD are not uk **** debt collectors they know exactly what they are doing and they get away with it and the courts believe them as they masquerade as solicitors! 

 

I consulted with a solicitor and he didnt want to take them on as he had heard of them.

[AndyOrch]

2 hours ago, SquaddyP said:

  Real reasons. A family, child at school still. Not missed a payment. The debt was not proportional to secure to a house and would be paid within 3 years 

 

Yes thats a reason that it would be rejected...I didnt mean to be flippant when stating fantastic reasons Squaddy I should have said worthy and genuine.

 

Andy

[SquaddyP]

Thank you. Appreciated 

[Will Goodfellow]

On 15/09/2020 at 17:29, SquaddyP said:

It was declined a second time. I pay the CCJ monthly.

 

What makes you think it won't be declined a third time?

If it is, depending on how much you are paying each month and how long those payments would last until you repaid the debt, you could consider an Individual Voluntary Arrangement.

 

Assuming you have equity in your property;

It's a form of insolvency which would prevent a further interim order application or bankruptcy petition and leave the debt unsecured. It would also protect your equity.

 

You would need to make payments of £60 - £100 per month for six years.

Then all (caveats) of your unsecured debt will be written off, it could work out cheaper then paying the debt.

 

There are conditions which you and your creditors would have to meet for the IVA to be implemented.

So no guarantee you will get one. 

 

[dx100uk]

please be very careful of IVA's

most simply line the provider's pockets with your money in monthly fees... very little actually goes off the actual debts the IVA is supposed to service .

 

most IVA's through one reason or another Fail and you find the few £'s a month that did filter through to your creditors in The IVA has simple run the those debts SB dates to infinity.

 

a good trick if you do have registered CCJ's ( very worthy to check credit files or trustonline sites esp with UAE debts that a CCJ is THERE!!) bung in an N245 to vary the judgement, then things cant ever escalate further.

[Will Goodfellow]

6 hours ago, dx100uk said:

please be very careful of IVA's

 

Agreed, seek full debt advice from a regulated debt adviser before applying for any type of insolvency.

 

Do you know of statistics that prove "most IVA's through one reason or another Fail"?

Edited September 16, 2020 by Will Goodfellow