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    • If he was paying a Solictor by the hour I'm sure he would be more engaging....we offer this service free of charge in our own free time.   He needs to engage and fast.   Defence due Friday 11th Dec by 4.00pm   .
    • Applying for a charging order involves two stages: the interim charging order and the final charging order. Interim charging orders If your creditor decides to apply for a charging order: Your creditor sends a form to the court along with proof from the Land Registry that you own, or jointly own, your house If the court agrees that you own a share of the property and a charging order is allowed under the rules above, you'll be sent an interim charging order on form N86 and a copy of the creditor's form N379. These show the reasons they've applied. This is also sent to your spouse or civil partner, any other joint owners of the property and your mortgage company or other secured lenders A restriction will be placed on the Land Registry, stopping you from selling your house until the final charging order hearing. You will get a form B136 from the Land Registry telling you this has happened. You don't need to reply to this form The interim charging order is issued without a hearing. If you do nothing, a final charging order will be issued 28 days later. If you want to object to the final charging order, you must write to the court and creditor within 21 days of receiving the interim charging order. The court may then arrange a hearing to make a decision. Reasons to object might include: The property doesn’t belong to you, and you are not entitled to a share of any equity in it The CCJ happened before October 2012 and you’ve not missed any instalments set by the court The creditor has not followed the application process correctly, for example they’ve not informed your spouse or civil partner You can also write to ask the court to set conditions on the charging order. One condition that we recommend asking for is an affordable instalment order, if one is not already in place. This is where the court sets a regular payment. If the court agrees to this and you keep up with the payments, the creditor will find it much harder to take further enforcement action through the court. If no instalment order is set there’s a risk the creditor could take further action, for example by instructing enforcement agents (bailiffs) to visit. If your CCJ was date 1 October 2012 or later, an instalment order which is up to date also prevents the creditor applying to force the sale of your home. Final charging orders For the second stage of the charging order process, if you’ve not made any written objections, a court officer or sometimes a District Judge will decide whether to make a final charging order. If you wrote to the court and creditor with objections, or you requested other conditions are applied, the court may arrange a hearing to decide whether to make a final charging order. The hearing will be at your local County Court hearing centre. The hearing will usually be in private chambers with a District Judge and normally a representative from the creditor. The judge will listen to both sides and decide whether to make the final order or not, and what conditions if any are to be applied. Once a final charging order is made, you’ll get a letter from the court confirming this on form N87.   Regards   Andy
    • 100% agree Andy, will try again. TBH, I did expect a little more info from him.
    • Not really ......why .?  But if he can't even remember a small detail such as I've asked like when did he / others start this practice of swiping their own cards then it does not really give me much to work with in any proposed mitigation defence.   Its simple to draft a defence which puts them to strict proof to quantify their losses and prove the amount claimed.   At worse he loses with a much reduced figure...at best he wins because they are unable to prove......but the small details are important and most of all his honesty demonstrated if a mitigated defence is used.   Andy
    • dx100uk,   no he is joint owner.  The interim charge order is already shown on the title register of the property and the other joint owner ( wife ) has been served with the notification papers as per the procedure. 
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Appealing an Abatement Notice - Gas Safety check


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Hi all

I have received an abatement notice, it isn't for noise but for access for a safety inspection. 

 

I'm going to appeal it but got a bit of a daft question first,

I'm just wondering if a County Court is the same as a Magistrate Court? 

 

I'm looking for a Magistrate Court to deliver my appeal notice to but my internet searches keep throwing up Courts with the name 'County' in and not 'Magistrate',

are they the same?   

 

Just want to be sure I'm not sending my appeal to the wrong place. 

 

Thanks

 

 

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no its not criminal but a civil case..??

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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They MAY be co-located, but are different courts.

Usually it is Magistrates = criminal, County = civil, but Magistrates do some civil work (such as appeals against refusal for a driving licence, for example)

If it says “appeal to Magistrates”, then the Magistrates bench it is!

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Ah I see, OK yes it says Magistrates,

I have managed to find one at last so I'll send there. 

Thanks for your help. 

 

I would have thought this was a civil matter but actually I just noticed the letter is from the Crime Enforcement Division lol, (these people....who DO they think they are?) 

 

I'll send the appeal out next week and then wait for this silly notice to be quashed 👍

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Yes, circumstances as you describe, appealing on several grounds,

 

1st being the issuance of the notice isn't justified,

2nd being the time given for 'compliance' is insufficient/unreasonable and

lastly the conditions which need to be satisfied to issue were never satisfied as they could not have been. 

 

I'm sending evidence too. 

The landlord has rushed to this course of action without checking their facts.  

I could just call them again now and make an appointment (apparently that will make the 'problem' go away) but I am annoyed at this threat of legal action against me when I haven't done anything wrong

 

so I'm going to fight them and teach them a lesson so that in future they act responsibly and don't misuse the court system and waste taxpayers' money. 

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Do you have a gas boiler?

If so, and it has been serviced within the last year by a GASAFE registered gasman : they’ll have done a safety check.

 

If it hasn’t been serviced / certified, why wouldn’t you want it done?.

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Exactly. 

Why wouldn't I want it done? 

It has had a repair done to it a month ago (not sure if that counts) but regardless, they're welcome to come and inspect it at anytime.

 

 Issuing an abatement notice makes it seem as if I have been obstructive but I've lived here for 11 years and I let them in every year so why wouldn't I now? 

 

That's what they need to answer, not me. 

I don't know why I've been served with this crap

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  • dx100uk changed the title to Appealing an Abatement Notice - Gas Safety check

From the day you receive your notice, you have 21 days in which to appeal to a magistrates’ court. It is advisable to consult a solicitor when making an appeal as this is a particularly technical and specialist area with specific statutory grounds of appeal. These grounds of appeal include;
 

Legal tests show that the issue is not a statutory nuisance

 

The notice being served incorrectly and/or to the wrong person

 

The notice is in any way defective

 

You have used the most feasible means to stop/reduce the nuisance

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Has the abatement notice application been made by the LL or by Local Authority?

 

if the LA, have you had letters from them?

Engaged with them.’?            

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