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    • Ok, I don't necessarily want to re-open my old thread but I've seen a number of such threads with regards to CCJ's and want to ask a fairly general consensus on the subject.   My original  CCJ is 7 years old now and has had 2/3 owners for the debt over the years since with varying level of contact.  Up to last summer they had attempted a charging order on a shared mortgage I'm named on which I defended that action and tried to negotiate with them to the point they withdrew the charging order application pending negotiations which we never came to an agreement over.  However, after a number of communication I heard nothing back since last Autumn barring an annual generic statement early this year despite multiple messages to them since at the time.  So at a loss as to why the sudden loss of response from them.   Then something came through from this site at random yesterday whilst out that I can't find now with regards to CCJ's to read over again.  Now here is the thing, I get how CCJ's don't expire as such, but I've been reading through threads and Google since this morning and a little confused.  CCJ's don't expire but can be effectively statute barred after 6 years (when in my case was just before I last heard of the creditor) if they are neither enforced in that time or they apply to the court within the 6 years of issue to extend the CCJ and that after 6 years they can't really without great difficulty or explanation apply for a CCJ extension after of the original CCJ?.  Is this actually correct as I've read various sources on Google and threads that suggest there is something to this?.  
    • whats the court claimform for? return of goods order? please complete this:  
    • std DWF letter. typically £157 something. lots of them here already doesn't say WILL anything. read it properly dx  
    • Have you read our upload guide [click on the word] for advice on how to post up documents? Pdf files are best, jpegs won't be accepted. HB
    • Sunak's already had enough of travelling like the little people. Rishi Sunak flies back from Devon by helicopter after gushing about 'great' train travel - Mirror Online WWW.MIRROR.CO.UK Rishi Sunak told broadcasters: 'The train was great, I've been taking lots of pictures and videos' - but he skipped the 3-hour, £55 train home in favour of...  
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    • If you are buying a used car – you need to read this survival guide.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

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      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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FD little claim settled without court.


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I suppose that I am going to go out of character here. It is partly because of the litigaton fever which has gripped this forum in the last couple of weeks.

 

I suggest that maybe you wait the 10 days. It looks reasonable to the court.

However send an immediate reply saying that you are suspending your deadline for court action for up to 10 working days as they have asked.

However only a full refund of the £XXXX charges will suffice and that if they do not respond with this or if they have not repsonded within 10 working days then you will issue and that you will not accept any further delays.

 

On the other hand, you have given them you deadline and it would be reasonable enugh to proceed with it.

 

I think that I might choose to do the former if only for the look of the thing.

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I suppose that I am going to go out of character here. It is partly because of the litigaton fever which has gripped this forum in the last couple of weeks.

 

I suggest that maybe you wait the 10 days. It looks reasonable to the court.

However send an immediate reply saying that you are suspending your deadline for court action for up to 10 working days as they have asked.

However only a full refund of the £XXXX charges will suffice and that if they do not respond with this or if they have not repsonded within 10 working days then you will issue and that you will not accept any further delays.

 

On the other hand, you have given them you deadline and it would be reasonable enugh to proceed with it.

 

I think that I might choose to do the former if only for the look of the thing.

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Should I inform them I don't intend to wait 10 days? If I don't give them the 10 days they request can I still claim back the charges for filing the claim? Thanks again.

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First Direct 1 - settled

First Direct 2 - settled

RBS 1 - claim made 8/5/6

RBS 2 - claim made 8/5/6

GE Capital - counter claim 6/5/6

Halifax - settled 31/5/6

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Should I inform them I don't intend to wait 10 days? If I don't give them the 10 days they request can I still claim back the charges for filing the claim? Thanks again.

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First Direct 1 - settled

First Direct 2 - settled

RBS 1 - claim made 8/5/6

RBS 2 - claim made 8/5/6

GE Capital - counter claim 6/5/6

Halifax - settled 31/5/6

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Fax them an immediate letter saying that your deadline still stands and that they have ignored it by not referring to it. Then claim

 

However, I think that I might still wait the 10 days.

 

It's not the usual 8 weeks that many of the banks try to set.

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Fax them an immediate letter saying that your deadline still stands and that they have ignored it by not referring to it. Then claim

 

However, I think that I might still wait the 10 days.

 

It's not the usual 8 weeks that many of the banks try to set.

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Thsnks. Will take your advice and extend the deadline. Will keep you informed.

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First Direct 1 - settled

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RBS 1 - claim made 8/5/6

RBS 2 - claim made 8/5/6

GE Capital - counter claim 6/5/6

Halifax - settled 31/5/6

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Thsnks. Will take your advice and extend the deadline. Will keep you informed.

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First Direct 1 - settled

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RBS 2 - claim made 8/5/6

GE Capital - counter claim 6/5/6

Halifax - settled 31/5/6

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Does this sound OK?

 

I have received your letter dated 23rd February requesting 10 working days to investigate my complaint.

 

Although you make no mention of my 14 day deadline, I am prepared to delay court action by the requested 10 working days. However, only a full refund of £1186.63 will be accepted as settlement, I will accept no further delays and if no response is received by 13th March I will commence the court action, as previously stated.

 

Thank you for your consideration in this matter.

 

Yours faithfully,

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Does this sound OK?

 

I have received your letter dated 23rd February requesting 10 working days to investigate my complaint.

 

Although you make no mention of my 14 day deadline, I am prepared to delay court action by the requested 10 working days. However, only a full refund of £1186.63 will be accepted as settlement, I will accept no further delays and if no response is received by 13th March I will commence the court action, as previously stated.

 

Thank you for your consideration in this matter.

 

Yours faithfully,

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First Direct 1 - settled

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GE Capital - counter claim 6/5/6

Halifax - settled 31/5/6

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thanks russell

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thanks russell

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Hi Neal. Just wondered if you have had any further contact from first direct yet.

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Still no reply. How long did anyone else wait?

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First Direct 1 - settled

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Another letter recieved yesterday saying it will take another 10 working days to investigate. Surely they're taking the mick now?

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GE Capital - counter claim 6/5/6

Halifax - settled 31/5/6

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I'd say so, yes.

 

I work it out that it's just coming to the end of the 10 working days they requested? And already gone beyond the deadline you'd fixed.

 

Yeah, they're taking the p!ss... I'd get ready to file come Monday, time to take control. You can show a judge that you already gave them plenty of time and they ddin't make any effort... That should look good!

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Personally, if it were me, I wouldn't hesitate, but circumstances are different for everyone.

 

If you are a student and don't own a home etc... then you really have nothing to lose - they could throw everything at you and it really wouldn't matter if you had to go bankrupt if in the unlikely (IMHO) event that you lost your case.

 

I just read this in another thread and am now a little concerned. Does this mean if my daughter goes to court against first direct she could use her house?

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First Direct 1 - settled

First Direct 2 - settled

RBS 1 - claim made 8/5/6

RBS 2 - claim made 8/5/6

GE Capital - counter claim 6/5/6

Halifax - settled 31/5/6

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I just read this in another thread and am now a little concerned. Does this mean if my daughter goes to court against first direct she could use her house?

If you make a clim which takes you ooout of the Small Claims track and into the multitrack then you aput yourself at risk as to costs.

 

If you are claiming on a straightforward basis less than £5000 then there is really no risk as to costs.

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yes, its less than 5000. So we really need to do the small claims thing on monday. Do we have to put all the legal arguments in the form? How long is there between the application and the court date, and what are the percentage chances that first direct will go to court? Thanks for the help and advice.

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First Direct 1 - settled

First Direct 2 - settled

RBS 1 - claim made 8/5/6

RBS 2 - claim made 8/5/6

GE Capital - counter claim 6/5/6

Halifax - settled 31/5/6

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You need to refer to the substance of your case and the legal basis form bringing it.

 

You make the application,

It is served 2 days

It is acknowledged/defended - 14-28days

you receive allocation questonnaire - 14 days

Date is set for hearing - couple months

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and, obviously as an opinion only, what do you think the chances are of them actually defending in court. I know Dave has had experience of FD and taken the vow of silence, but can he give a hypothetical opinion?

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First Direct 1 - settled

First Direct 2 - settled

RBS 1 - claim made 8/5/6

RBS 2 - claim made 8/5/6

GE Capital - counter claim 6/5/6

Halifax - settled 31/5/6

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