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    • Yep. PayPal because of protection  
    • You could either go against the delivery company or you could go against the supplier of the fridge. Depends on which you feel is the easiest target. Arrow are in Wigan. Crampton and Moore are in Sheffield. They are both liable to you in contract. Crampton and Moore are liable to you because they are your direct contracting party. If you attacked Arrow, their first response is very likely to be that you don't have any contract with them and that your contract is with Crampton. However, you would be claiming third party rights on the basis of the Contracts (Rights of Third Parties) Act 1999 which gives you all the rights of a direct contracting party as long as you are clearly intended to be a beneficiary of the contract and you aren't expressly excluded by the contract between Arrow and Crampton and Moore. I think you will have to take your choice. Personally I would go for Crampton because I don't think they shouldn't be let off the hook and I think they should take responsibility for the delivery agents – so to a great extent it's a matter of principle for me. If you go after Arrow, then Crampton will get off Scott free. If you go after Crampton, then Crampton will go after Arrow – which means that they will both be held to account – but Crampton will do your dirty work for you. Have you had quotations for the repair to the doorframe et cetera? Whoever you decide to go for, I think you will have to be very methodical. If you decide to go for Crampton then I think that you should write to them and tell them that you reject their position that your issue is with their delivery agent Arrow. Tell them that you consider that you are contractually entitled to a delivery carried out properly and that this did not happen. That you expect reimbursement of all damage from them and that is then up to them to claim from Arrow with whom they have a contract. I would then put Crampton/arrow on notice that you will be getting independent assessments and quotations for repairs to the damage caused by their agent and that if these assessments and quotations cost you any money then you will be adding this to the value of the claim that you eventually bring against them. You should invite Crampton/Arrow to visit your property and to inspect the damage for themselves and that they can do this by appointment with you at any reasonable time. Tell them that you will keep them informed at all times including giving them advance notice of visits by your own inspectors and that you will provide them with all copies of assessments and quotations and that if they will not step up and shoulder their proper responsibility – you will have no hesitation in suing them in the County Court. If you decide to proceed against arrow then you should send them a similar message – suitably amended. Then you should set about organising the quotations. As soon as you have made appointments, you should send Crampton (or Arrow) and email telling them the date and time and identity of the inspector and the cost which has been talk to you. Invite them to make any objections but tell them that they are notice. You probably need to send in this email seven days before the date of the visit by the inspector. Then once you get an assessment and a quotation, send a copy of it immediately to whoever you are dealing with so that they are fully informed. The idea is to make sure that you are completely transparent – that you have done your utmost to involve Crampton at every step of the way and that you have given them every opportunity to object – or to carry out their own verification. In that way, if the matter goes to court, you will be able to show to a judge that you've acted reasonably and in utmost good faith at every step of the way and that Crampton/arrow were fully aware of everything you are doing and had an opportunity to comment. That lot for starters
    • Yes it seems to be. These were challenged in  appeals some years ago, because the term for Total Credit read "Limit" or some other . There were also other prescribed term issues, sadly it failed, and I dont think they have been challenged since.
    • If it was an IVA it would have effected your property. Easy to get in not so to get out, whereas an agreed arrangement you can just walk away
    • At 12% I would pay it off, you will save a lot in interest and you will have the extra every week, which would have gone to your loan.   We had a similar decision to make last year, but chose the opposite course. Our mortgage was jut under 2% though and a three year Nationwide bond would give me 3.5%, so we put our money in there, for now.   Yes you can always do a early settlement, and they will refund your unpaid interest from the final bill. Ring them and ask for a settlement figure.
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hi, sorry if am in wrong place, my daughter wants to know if she can reverse the charging order on her property due to her husbands borrowing money from his landlord.

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:???:  I think you are going to have to expand.....

 

Topic moved to General Legal Issues Forum.

 

Andy


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OK, it all started in 2016 when my sil borrowed the £20k to renovate the landlord premises he was renting for his businesses to improve the image,  unfortunately it didn't last long after spending the money and the business closed down.

 

sil agreed to pay back the loan with in 12 months. unfortunately he couldn't pay the money due to no work. then he took him to court but my sil did not go as he was scared and dint tell no one.

 

it was only highlighted when they got charging order on the property, they tried to appeal but it was declined as it was after 14 days. it was decided the court he had to pay £1000 a month, when he looked at the dept it was for £38000, after the query the claimant said it was for rent and utilities bills. 

 

he asked the court to reduced the payment and the court told them to contact the claimant and ask he can reduce the payments as it was decided in the hearing. after talking to the claimant he reduced the payment to £500 pm.

 

but he is still struggling to pay. both of them now worried of loosing home. looking back the landlord never said anything about bills which was £15000.[ he never gave him the lease at the time as it was word of mouth and trust].

 

also most interesting thing came up as the company closed in January 2017 and utilities bills were added on that company after january which was never paid but added on to my dept..

 

they have been advised to report to police for fraud. can they report this and what can they do to reverse the charging order. thank you.

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Hi.

 

I've added some spacing into your post.If you could post in paragraphs it would help please, it makes it easier for the advisers.

 

HB


Illegitimi non carborundum

 

 

 

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thank you honebee13

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Still trying to decipher this ...so who did Son in law borrow the £20K from ?

Who took him to court ?

How much was the initial default judgment for ?

 

Andy


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the sil landlord, it was for £20k plus he added £18k for rent and utilities bills.

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Your Son in Law borrowed £20K from his Landlord to renovate the Landlords own property..wow I bet the Landlord thought Christmas had come early.

 

With no Tenancy agreement in place and your Sons in Laws business failed and the Landlord issued a claim to retrieve his loan plus the previous tenants utility costs which were left unpaid.

 

Was the court claim for £20k or £38K ?


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it was £38k

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the problem is his company seized January 2017 and the utility bills was added on after the closer of businesses. on that bases he wants to report to police as fraud.

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Which all should have been challenged at the time the claim was issued and defended.

 

Quote

then he took him to court but my sil did not go as he was scared and dint tell no one.

 

 

What date is this judgment ?


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it was in june 2019.when the claimant got the judgement.

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Options are :-

 

Set a side the judgment because of the incorrect amount claimed.

Submit a n245 and reduce the payment further.

 

You cant remove the charging order unless you set a side the judgment and defend it successfully.


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ok thank you, ill tell him to down load and fill the form and send it.

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We could do with some help from you.

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

 

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thank you very much for your help. can he not report to police for wrongly claiming for utility bills

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No ..its a civil matter...he either accepts the full £38K as per the CCJ Order...and submits the above to make affordable payments....or he sets it a side using the N244 and defends the claim to get it back to the correct figure of £20K


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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ok thanks very much. need him to get the form filled in soon.

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one more question if the ccj order is set aside will the charging on property stays or does the claimant has to apply again.

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if you win the set aside, it resets everything back to as if you had just received the initial claimform, for want of a better simple description.

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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