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P2P Loan CCJ - claimant now has 3rd party order freezing my account - help


HP Mum
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Hi

Just trying to understand what I should do next with this situation?

 

£s were grabbed via the TPDO.  I successfully got most of the £s back.  But a small amount - apx £400 - is frozen, sitting in a special TPDO account at the bank. And has been for 5 months.

 

I complied with the claimants request for further info - twice.  Twice because at the first response they weren't satisfied and asked for further clarity.   I was claiming hardship and no income and in need of the £s..   At first they just wanted 3 months info.  After complying with everything they requested, they then asked for 6 months  info.   They now said they'd only agree to cancel the TPDO if I complied with giving them 6 months info.    If I didn't comply they reserved the right to make an application to the court to ask for more info.

 

It is ridiculous situation.  I clearly proved I did not have the £s to repay the claimant (a large sum).  And clearly proved hardship.   

 

I would like to have back the frozen £s that are just sitting in the bank.  And would like the TPDO closed.   Can I write to the Judge and ask him to now make an Order to  release £s/ close the TPDO?   It doesn't seem right that this claim isn't closed.   It makes me very nervous to have an open-ended TPDO. 

Advice welcomed

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Apologies if this seems harsh, but having read around you numerous threads here on different yet similar topics, I would say you should probably just hold your hands in the air and go bankrupt! It's quite clear you a doing your best to hide assets.

 

I don't blame you! I'd do the same! However, such ducking/diving across years of threads either shows a lack of intelligence (which clearly is not true), or a way to come to terms with someone who used to live very "high on the hog" and for whatever psychological reason - be in divorce or death or bad advice, has somehow found herself not being able to live in the style she feels she's been accustomed to. 

 

I don't know you, I'm  not judging you. However, I AM fascinated by you.

 

Why don't you just go bankrupt and sit it out for 6 years. Come back strong, which you clearly are.

 

SB. 

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Skintbadger - No I am not hiding any assets or £s. And No to bankruptcy either.    I'm not angry with your comment - but you are being both judgmental and fantastically speculative about a stranger.    If you have a valid response to my comment today, then great.  If not, please sssh.

 

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Apologies, I didn't mean to offend you. 

 

You post about about the same things year in year out with no resolution - so either nip it in the bud 6 years ago and you'd be free by now. There's a reason you won't/haven't done that?

 

My position is I can't expose my parents to my bad life-calls. It would kill them and crush me.

 

I can't work out from all your posts what it is you are trying to protect?

 

Doesn't matter! None of my business anyhoo! I wish you well, however something doesn't smell right - you are definitely trying to hide something, FWIW. x

 

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Skintbadger  This site is very useful for a lot of people and one really should stick to being helpful and kind to others.  And refrain from personal comments - unless they are positive !

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fair enough - apologies again. Something doesn't smell right, like someone who can't be bothered to read law books and just hits up online. 

 

Been there done that! ;) 

 

SB

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Hello HP,

 

I've tried catching up with your thread.

 

Was there ever a resolution through the courts? are you aware of ongoing/pending litigation remaining here?

 

You've been given much advice on this, and although I don't (nor anyone by the looks) have the answers you seem to want, all I can advise is that you are transparent about everything and allow this to take it's course through the courts.

 

I hope I haven't missed something obvious, just trying to help.

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Badtimes - the judge gave an Order that the £s in kids account to be refunded and that the remaining £s - only apx £400 - were to remain frozen until I complied with the claimant request for more info.   

I complied as said above.  It's just that the £s haven't been returned. 

It seems a bit catch-22.  The claimant lawyer wanted even more info - which the original order didn't ask for - and unless I gave more info they wouldn't close the TPDO.   It doesn't seem correct that a claimant should hold so much power and a TPDO could remain there for years?   This is why I'm wondering if I should write to the judge and ask him to bring closure - give an Order.  I consider I did enough to show transparency and no hidden £s/ assets

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I don't see any issues with trying to get the judges attention based on what you've said regarding the ruling.

 

Disclaimer: I'm not an expert on court procedure

CAG Site Team and Forum Helpers are unpaid volunteers

Over the years CAG has probably helped hundreds of thousands of people, only a small number of people come back and let us know what happened or to say thank you

and an even smaller number of people ever think to make a donation.

If you are able, without leaving yourself short, consider donating, all donations go towards Site hosting and maintenance - help us stay live for future people in need.

 

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

 

Essential Reading: Dealing with Customer Service

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