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    • Lining up my ducks and preparing my WS in advance. 1st draft below. Feedback appreciated. In the County Court at ************ Claim Number:***************** BETWEEN: Claimant: ********************** -and- Defendant: *********************** WITNESS STATEMENT OF ******************   I, *********, being the Defendant in this case, make this Witness Statement in support of my defence which is due to be heard on DATE at ************ County Court. I contest that the Claimant's claim is vague and unspecific. On DATE I made a written request to the Claimant requesting that the Claimant provides copies of all documents (true copy of the executed agreement and a copy of current terms and conditions encapsulating any variation) mentioned in the Statement of Case (Exhibit A). On DATE I made a written request to the Claimant Solicitors requesting that the Claimant provides copies of all documents (Credit Agreement, a copy of the Contractual payments under the terms of the agreement and the Default Notice) mentioned in the Statement of Case (Exhibit B). On DATE the Claimant’s Solicitors replied (Exhibit C) to my written request without the requested documents. On DATE the Claimant replied (Exhibit D) to my written request without the requested documents. The Claimants claim is based upon Defendants alleged breach of contract and therefore, the contract is entirely central to the Claimant’s case. CPR Rule 31.15 requires that documents are provided within 7 days from receipt of a written request. The Claimant has failed to provide any of the documents mentioned in its claim form. On DATE I contacted the Claimant and repeated my request for copies of documents as mentioned in the Statement of Case (Exhibit E). The Claimant has mentioned the Credit Agreement, the Default Notice and the Assignment in its Statement of Case and yet it has provided none of these documents despite my entitlement to inspect these documents or if they can provide originals for Court inspection. The claimant has provided a 'reconstituted' set of statements which are not original documents The Claimants pleaded case is that the Defendant entered into an agreement with ***************** under account reference ************, I am uncertain as to which account this refers to. It is accepted that I have had ****** Loans in the past, however, the account number given does not relate to any information I have, therefore, it is essential that I have sight of the agreement relied upon by the Claimant to be able to accurately identify to what the claim refers. I believe that the facts stated in this witness statement are true. I therefore ask that the Court orders the Claimant to provide copies of the documents and if the Claimant is unable to comply the proceedings are struck. Statement of Truth I ************, the Defendant believe the matters set out in this Witness Statement are within my own knowledge, except where I indicate to the contrary. Signed: ________________________________ Dated: ________________________________
    • Brilliant, that's reassuring.  Off to the Hermes forum now.
    • No, I think UK will get same deal as EU.  Main reasons for this are two sectors,  Defence and Financial Services.  US have huge levels of money invested in the UK, so they have a self interest in offering a trade deal as good as the EU.
    • @labrat I'll bet it isn't the subframe itself that's broken. It'll be the subframe mounting bolt(s) that have sheared off inside it. Because the bolt is seized inside the subframe, it effectively renders the subframe scrap. I suspect the garage are simply talking in terms the average customer is more likely to understand than going into the detail of it. The Golf, Jetta and Beetle, which are all mechanically identical, are notorious for it.    A smaller independent garage may have tried to get the bolts out, but you very quickly reach the point where time/effort/cost is simply not worth it and replacement of the whole subframe is the better choice.   Of course the OP could approach a salvage yard, either local or online, and ask about the cost of a good used item, which would be substantially less expensive than what I assume is the price VW are charging for a replacement.
    • Applied for and awarded by BY in Sept 2020 still not received it yet Comments appreciated
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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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.
       
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      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.
       
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      Many thanks, stay safe and have a good Christmas!
       
       
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    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
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      • 33 replies

Interim Charge order to final charge order ?


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Hi,   I applied for a charge order (  N 379 )  against property owned by a person who owes me money from a CCJ but as not paid a penny so far. An interim charge order was been granted and the person objected and at a hearing  asked for the Charge order to be " set aside ".

His case was dismissed.

I need to know what happens next. Does the final charge order automatically take place, or do I have to perform further work myself ?

I have contacted the County court where the hearing took place and also the land registry, but one has not replied and the other replied but did not answer the query.

Does anyone know the answer or are able to let me know where i can find the answer.        

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is he sole home owner?

 

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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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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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:

  1. Your creditor sends a form to the court along with proof from the Land Registry that you own, or jointly own, your house
  2. 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
  3. 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

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so wont this thus be a totally useless restriction k andy?

 

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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Thank you for your replies. You have answered my query. I was not aware of form N87. I have looked at the form on line and I have not received it from the county court yet ( hearing date 5/11/20). So i can now chase them and refer to the form.

 

Thank you andyorch and dx100uk.    

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if its a restriction k you'll get that's useless to you 

you'll never get your money even when they sell

 

look at otherways to enforce your judgement.

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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4 hours ago, Andyorch said:

Applying for a charging order involves two stages: the interim charging order and the final charging order.

 

It would be good if you could at least credit Stepchange for your copied and pasted information:

 

https://www.stepchange.org/debt-info/debt-collection/charging-orders-and-my-home.aspx

 

You can still apply for the final charging order to secure the debt against the property.

You can then apply for an order for sale once that's granted but the joint owners' situations would need to be taken in to account by the court.

 

Whether or not it is granted depends on the status of the home and what the intention of the joint owners was when the property was jointly purchased. If it is a family home with children, the order for sale is unlikely to be granted.

 

If there is insufficient equity in the property to cover the debt and the debtor cannot make any repayments, it's also unlikely to be granted. Disabilities of the occupants can also be taken in to account. Depending on who the occupants are and why they are joint occupants, it may be difficult to force a sale.

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Thank you for your helpful replies.  I am waiting for Form N87 from the County Court ( i will be chasing this up ).

Next question.  When i receive form N87 what do i do with it ?  Is a copy sent direct to the land registry or do i have to send it and if so is there an accompanied form to go with it ?  

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hope you are not believing you will actually get anything out of this via a restriction k?
 

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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dx

    I note your comment and i have checked and I it is a non- standard registration and not a standard form K, charge order.   

    I accept that this does not guarantee immediate payment. My case is that the debtor owes a five figure sum from a CCJ in my favour for over twelve months and he has not paid a penny.  

    I am also proceeding with court action to enforce payment, and the charge order strengthens my case to ensure the debt is paid at some point. 

    As i stated in a previous post, when i receive the N87 I would like to know what i need to do with it. Do i need to inform the land registry and if so are there any forms that need to accompany it.

    Cheers

              

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