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    • so wont this thus be a totally useless restriction k andy?  
    • so you have 34 pdfs what is the size of a typical file in MB's or KB's.  
    • 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.
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I am just about to file my on line claim and just have a couple of questions, (1) I am claiming on 2 accounts with Lloyds TSB but in their correspondance they have combined the accounts, should I make 2 seperate online claims or combine the two? (2) I have received £750 in my account as a goodwill gesture so have reduced the amount claimed by this. How do I calculate the 8% interest as this is on the full amount and not the reduced amount, Also, Is it a possibility they will take the money back out of my account when they receive the court order?

Please help I am very confused and dont want them to win !!!! :|

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Hi Cat,

I think you will win so hold on tight. There is a spreadsheet that you can use to calculate the 8% so still a bit of work to go. Yes, it is my understanding that the 2 claims get put together as one, which might also work out better for you when calculating interest.

 

Also, you need to send a letter rejecting the offer that they have sent. I am not sure if they will debit the money back out from your account so my advice is don't touch it just yet (tempting as it may be with the new year on its way). But keep the faith as so far most if not all claims have been settled in full as long as you stand your ground!!!

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejection-settlement-offer.html

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html

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Hi

When I claimed against Capital One they paid part back which I accepted but I did it as such "thank you for your part offer, regretably this is unacceptable and I await full reimbursement". They shouldn't deduct the money back of your account but as the other person says don't spend it just in case. Have they given you a run down of what they are crediting back to your account ? Ie does it tell you exactly which charges they are reimbursing you for?

 

If not my advice would be to deduct the amount they have given you back and charge them interest on the earliest charges that means you get more interest back. The banks and credit cards do this when charging interest to us. For example when we take cash out of a credit card, pay a bill by a credit card and transfer funds the interest rates for all are different. If you pay back the next month the full amount of cash you took out they don't charge you less - they charge interest for the cash even though you have effectively paid it back. Hope you understand that!

 

The spreadsheet will calculate the interest for you.

 

I've won the whole amount back and it was due in court on the 4th January - they just settled on the 28th.

 

Keep smiling - you will win.

 

J;)

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Thank you for your advise, I have sent them a letter saying I will accept as part payment and will pursue my claim for the rest through the courts, I am claiming in total £1741 in charges and £290.31 in interest totalling £2031.31 so they have paid £750 into my account and I have deducted this off £1741 and kept the interest the same, but obviously this is wrong so I will work it out like you said by deducting it from the latest interest first. If I do deduct the £750 off and they later take it out of my account how do I go about reclaiming the £750 because my online claim will not include this or do I just claim for the total amount and they may just pay me the difference?

Im confusing myself now!!!

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Hi

 

If they have actually paid the money into your account I don't think they can take it back. I doubt very much that they will. They know they will have to pay it all back in the end and they are just chancing their luck that you will settle for that amount. So claim for the rest with the 8% on that part only.

 

If they take the money back - (the won't) then you can write to the court afterwards and tell them.

 

Or alternatively transfer the money into another bank account. If they try to take it back it won't be there for them to take back ! They have to get your authorisation to take money from your account and you won't give it to them. I think this is correct - take advice from citizens advice if need be but I don't think they will or can take the money back once it is in your account and it shows bad business for them if they do.

Especially as it is YOUR MONEY and not theirs.

 

Try not to panic or worry about it - it's new year enjoy yourself and sit back and relax and think about the money that's going to come in in 2007. I know it's not easy as my stomach has been in knots whilst claiming - it's very stressful. I am so relieved it's all over for me now. I just need to make sure I don't go into debt again so that I don't face other charges.

 

Have a great New Year and keep us all posted. Not long now !

 

J ;)

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