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    • yes when you get your N180 from the court. on the sols copy omit phone/sog/email.
    • you dont need a copy of the letter. just proof. it might pay you to sar SLC as if they had your correct address on record before loan sales to erudio , that will add another very strong string to your bow toward setting aside this backdoor CCJ and the arrows you'll fire at Arrows (Erudio are arrows DCA in sheeps clothing)   you also might like many others find that you still have access to the online SLC portal. that could be useful with info. like deferral dates etc and address and what they knew and when.   at present you are in the info gathering stage, the more of that you can get the better.
    • IMHO i would never have a DD setup for any consumer credit debt. they are not a priority, like mortgage/rent/CTAX/Gas/Electric.   this gives you a bit more work to do, but it ensures there is always money for the priority things that can threaten the roof over your head or it's the necessary home utils needed with one.   it's also worthy to note that somethings that are unconscious priorities (though NOT!) like mobiles/phone/digital tv and broadband etc DD's often contribute to the real priorities not being paid. careful management of those needs to be exercised, like moving their payment dates to after the priorities are deal with in your calendar, or vice versa move the priorities to before those come out.   it is stunningly amazing how many families fall into priority bill debts by blindly pay these 'mentally essential luxury gadget' bills and are in total ignorance of the effect they have upon their available funds as 'they can't live without them'.
    • Just as UB says, he bailiff does not need to be invited in, but he certainly should have announced himself. i dont suppose he said what the enforcement was for?   The bailiff has to have a "reasonable belief" that the debtor resides at your address, if he is permitted to enter.   In the first post you say the Warrant was addressed to next door, is this your daughters property and did this Richard live at that address or your address.?   We should find out what the bailiff may say to try and justify his actions.    
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
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Harwood/Redwood CCJ/CO - £18k unpaid school fees


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I am being taken to court for a debt of £4000. Last week on Friday I received an N260 form from the claimant's solicitor. The costs for taking me to court are £3200.

 

How can I argue in court that these costs are too much? If I couldnt pay a debt of £4000 how will I be able to pay one of £6200?

 

My understanding is that costs for the small claims track must be proportionate. Can I argue that the claimant should have mitigated against the costs afterall he chose to instruct a law firm etc

 

Help!!

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What is the debt for ? Have you challenged it at all ? is it a credit agreement ?

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

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  • 7 years later...

I have a charging order for an unpaid invoice.

 

I have a hearing for an order for sale tomorrow. It is not with the mortgage lender.

 

1. There is no equity in the property

 

2. The mortgage lender has not been contacted

- I spoke to them and they said if they had been contacted they would have objected because a sale would mean that the outstanding mortgage would not be paid.

I asked them for a letter confirming this and they said that they can't provide it.

 

3. My tenant in the house is a 78 year old lady.

Her health is not good and the council has spent money adapting the house to make her comfortable.

 

I would like to keep the house as selling it now would mean I would end up owining the lender as well as the creditor.

It would also make an elderly lady homeless.

 

I am attending the hearing tomorrow and any help on my defence argument will be appreciated.

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Do you know if there are any duty legal advisers at court tomorrow? ring the court and ask. If so, get there early and ask for their assistance - they can come into the hearing with you and support your case.

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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What was the unpaid invoice for ? Is there a CCJ and if so how much was it for ?

 

Andy

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And have you made no attempt to agree some sort of payment plan ? Did you defend the initial claim ?

We could do with some help from you.

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So if your paying why are they forcing Sale ?

We could do with some help from you.

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We have been paying £100 per month and they want £1700 per month.

 

At the last order for sale hearing which was adjourned they said £100 does not even cover the interest hence why they want the order for sale.

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We have been paying £100 per month and they want £1700 per month.

 

At the last order for sale hearing which was adjourned they said £100 does not even cover the interest hence why they want the order for sale.

 

If you are paying what the court has told you to pay per month..there is absolutely nothing they can do...except to apply themselves for a Redetermination hearing with fee...Order for Sale are not granted if there are no arrears on the judgment payment...they are fully aware of that.If they wish to change it then let them make application with hearing to present their argument as above.

 

Why was the last hearing adjourned ?

We could do with some help from you.

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not harwood & redwoods is it?

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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did you not approach the school directly before the CCJ.as they all usually will deal directly

 

 

how come H/R got post judgemental interest too?

that's rare.

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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Section 93 of the Tribunals, Courts and Enforcement Act 2007 came into force on 1 October 2012. The amendments allow an application for a charging order to be made in cases where the debtor has not defaulted on payment of an instalment judgment. However, it should be noted that:

 

The court must take into consideration the fact that there has been no default when deciding whether to grant the order for sale; and

An order for sale to enforce the charging order may not be made at the same time as the application for the charging order unless the whole or part of an instalment which falls due under the judgment remains unpaid.

 

What does this mean in practice?

 

This is significant given that, Under this new legislation, even if a debtor is adhering to judgment instalments, the creditor is still entitled to secure the debt by way of a charge however, as indicated; the court must take into account that payments are being maintained when deciding whether to impose a final charging order over the debtor’s property.

 

Once a charge is in place, a creditor may consider the use of an order for sale to recover the sums secured. Here, a practical problem may arise in that a charging order may not be enforced unless, at the time of the application, the whole or part of any instalment remains unpaid. It therefore follows that if the debtor brings instalments up to date at any stage, the Judge will be bound to dismiss the application.

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The hearing was adjourned.

 

And the reason this time inablind ?

We could do with some help from you.

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  • 5 months later...

http://www.consumeractiongroup.co.uk/forum/showthread.php?71725-Wescot-option-Order-for-sale-and-other-problems-HELPPPP!&p=5043999#post5043999

 

 

hello sequence,

 

sorry the lantana to highjack your thread. is there case law or statute which supports a defence on the basis that someone living in the house is ill/disabled?

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random posts to 10yrs old thread

moved to your existing thread

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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http://www.consumeractiongroup.co.uk/forum/showthread.php?71725-Wescot-option-Order-for-sale-and-other-problems-HELPPPP!&p=5043999#post5043999

 

 

hello sequence,

 

sorry the lantana to highjack your thread. is there case law or statute which supports a defence on the basis that someone living in the house is ill/disabled?

 

A court would have to consider exceptional circumstances which could be a physical or mental condition but that would usually apply to the mortgagor's primary residence which doesn't apply here.

 

I assume this is a buy to let mortgage? I assume then that the tenancy is on a (rolling) 6/12 month tenancy? If both those assumptions are correct the tenant only ever has the security of the notice period. I cant see a court ever increasing that.

 

Did you have any sort of agreement with the council over the adaptations they made? Did they do them in the expectation of the person staying in the property for the rest of their life etc.

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Just left the Court. The matter has been adjourned for 28days. Will update when I get home.

 

Thats lucky inablind...give you more time to research properly now rather than logging on the day before Court given your last post in February !

 

Andy

We could do with some help from you.

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  • dx100uk changed the title to Harwood/Redwood CCJ/CO - £18k unpaid school fees
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