Court manager called today - waste of time that was Am I right in thinking that as there is a forthwith order in place plus the interim CO, I cannot apply for variation order on N245? As I admitted the claim, I dont think an app to set-aside is appropriate either? I STILL have had nothing from their solicitors about the CO - only 1 letter to my partner Feels like I'm being well & truly shafted here Any advice would be very welcome.

Thanks for the speedy reply Would there be a cost implication to consider for me if a hearing was deemed necessary? I assume the other side will want their costs paid for the CO applications etc.

Long story cut short: End April, after being refused legal aid and not having the confidence to fight my case, withdrew my defence by sending form N9A to court with offer of payment by monthly instalments. Nothing heard until yesterday when my partner, not me, receives an Interim Charging Order in the post from solicitors! Rang the court and got some chap in Enforcement Section who tells me that it appears that the correspondence has been sent in my name but to the opposing solicitors!!! :mad: He advised I fax the court with the following statement: I have received no correspondence from xxxxxxxxxxxxxx County Court since I withdrew my defence on xx/04/2010. I have no solicitor therefore all papers need to be served upon me at my home address. Because I have had no correspondence from the Court, I have now been put in a position I would not have been, had I had the opportunity to apply for a variation order. I request that you deal with this matter urgently so as not to prejudice me further. I enclose copies of my original withdrawal letter plus the N9A that accompanied it. I rang the court again today to be told by the same chap that the file and fax was with the court manager to look at and decide what needs to be done but that they cannot give advice. Obviously I feel that I have been compromised through the court office negligence and that, potentially, my home is at risk. The hearing to finalise the CO is early August. The deadline for re-determination is long gone (because I was not informed of the CCJ). Any help and advice is appreciated to rectify this "situation" (did have another word there but thought I'd be cagbotted )

We have the same problem with bees but ours is under our lean-to conservatory We contacted our local beekeeping association and this is what they replied: It sounds like it might be a nest of bumblebees. See if you can identify them from this website and if possible try to avoid destroying them as there is a decline in the bumblebee population in the UK. They don't survive the winter and so will die naturally in the autumn. The nest won't grow too much in size. Bumblebees commonly found in the UK This web site shows pictures of the six most common bumblebees in the UK, there are 19 different species in total in the UK. Hope this helps you decide what to do.

So there would need to be enough equity to cover both mortgage, loan and my debts as well as costs and VAT??? Have I misunderstood??

How does the OR decide if a property is in negative equity? I got online valuations for our home and the difference between Zoopla £152000 and Mouseprice (aka Land Registry) £117000 £35000 difference is huge!! Mortgage and secured loan come to £162000 so on either valuations, we are in negative equity. Obviously, it would be better for me for the OR to accept the land reg valuation but not so good if they use the greater one so any tips on how the figures are agreed?

Vint - thank you so much Off to search for the thread Andy said that in

Thanks pt - I think I'm probably getting a bit too far ahead of myself For the hearing next week, I need to get judge to agree to keep the instalment order in place thus preventing the application for CO. Going forward, how do I get the interest stopped? Any suggestions you have for me that will assist would be much appreciated. My fear is that because the agreement allows for post-judgment interest at 2% per month, the interest will rack up to the point where a 2k debt becomes infinite

Sorry to butt in here but Delphi, have been trying to PM you but box is full Please can you make space - need that recommendation for my case http://www.consumeractiongroup.co.uk/forum/legal-issues/258102-creditor-wants-charging-order.html Thanks Sorry again for mini-hijack

Thank you hatesdebt Thank you CBR. __________________________________________________________________________________________________________ Every instinct is telling me that its not actually going to hurt per se but I MUST get answers to the question of interest since this is currently allowed for in original agreement at 2% per month so compounds at a huge amount per annum. Please can anyone give specific advice regarding the interest and how to get it stopped? Thank you

I have read this thread http://www.consumeractiongroup.co.uk/forum/legal-issues/203298-guide-charging-orders-orders.html but still have questions I have a creditor who has a CCJ for a debt of £1800. The CCJ is correct and totally undisputed. Judge ordered monthly instalments of £12 as I am on benefits. 1st payment was orderd by 20/03/2010 so standing order set up for 4th of each month. Wed. I get a Notice of Hearing to attend court miles away in 2wks for hearing to consider claimants request for variation order. Today I get the claimants paperwork - they are asking for forthwith judgement and C.O. claiming that the post-judgment contractual interest is increasing the debt and the payments are not reducing it. The agreement does allow for post-judgmental contractual interest at 2% per month. It was for leased equipment for a business venture and regulated under CCA 1974. I have written to court and asked for hearing to be transferred to local court but wont know result of this for week or so I guess. In the meantime though I need to put a defence together - oh joy! Questions (and forgive me for being dense at times LOL): a) is there case law which prevents contractual interest continuing after award of CO? b) if so, surely I am better to accept the CO than to have ongoing 2% monthly interest? c) if CO in place, do payments continue as well or are they ceased until such times as house is sold? d) shouldn't they have asked for a list of all other creditors to inform them of their intended actions or is this only for secured creditors such as mortgage co etc? Many thanks for all your help (she says hopefully LOL )

Instead of wasting ink printing them, get 3 stamps from vistaprint: 1 with DCA's name on, 1 with printed amount of money ie. one pence only and 1 with the numerical amount ie £0.01 then just stamp and sign the cheques

Hi guys Have read the thread with interest(no pun intended) but still have questions I have a creditor who has a CCJ for a debt of £1800. Judge ordered monthly instalments of £12 as I am on benefits. 1st payment was orderd by 20/03/2010 so standing order set up for 4th of each month. Wed. I get a Notice of Hearing to attend court miles away in 2wks for hearing to consider claimants request for variation order. Today I get the claimants paperwork - they are asking for forthwith judgement and C.O. claiming that the post-judgment contractual interest is increasing the debt and the payments are not reducing it. The agreement does allow for post-judgmental contractual interest at 2% per month. It was for leased equipment for a business venture and regulated under CCA 1974. I have written to court and asked for hearing to be transferred to local court but wont know result of this for week or so I guess. In the meantime though I need to put a defence together - oh joy! Questions (and forgive me for being dense at times LOL): a) is there case law which prevents contractual interest continuing after award of CO? b) if so, surely I am better to accept the CO than to have ongoing 2% monthly interest? c) if CO in place, do payments continue as well or are they ceased until such times as house is sold? d) shouldn't they have asked for a list of all other creditors to inform them of their intended actions or is this only for secured creditors such as mortgage co etc? I have started a thread here http://www.consumeractiongroup.co.uk/forum/legal-issues/258102-creditor-wants-charging-order.html#post2907016 Many thanks for all your help (she says hopefully LOL )

Of course, any letter of acceptance of their unlawful rescission having been posted and not returned to you by Royal Mail, will have been deemed served within 2 - 4 working days from posting One would hope that companies would save incoming mail in an appropriate manner although who could possibly say

Done - loving the quick and easy links

PL Found this for you which may help you with preparing your WS. (Thanks to VJohn) How to Prepare a Witness Statement - About Small Claims (UK)

If they are in Southern Ireland ie non-uk, would they even have jurisdiction in any court claim?

Just been re-checking the dates and figures. Screenshot shows: Letter dated 26/06/09 Fee charged £11.20 plus VAT 1st visit 10/11/09 Fee charged £111.89 plus VAT and referred to as Attendance/Van fee 2nd visit 23/11/09 Fee charged £39.11 plus VAT This visit was pre-arranged for collection of cash for total amount. SAR shows: Letter dated 26/06/09 Fee charged £12.88 incl VAT 1st visit 10/11/0 Fee charged £44.98 incl VAT 2nd visit 23/11/09 Fee charged £128.67 incl VAT. This visit is referred to as an Attendance fee but was pre-arranged as stated above. None of the figures match up in accordance with the regs as far as I can see

An update on this: Reminder that no levy ever took place and cash was paid after 1st visit by pre-arranged appointment which was subsequently charged for!! I complained to ACEA as a final resort before issuing an N1 and have now had the following response. As you can see, they do not seem to believe what the law says regarding levy before attendance fees can be charged so I have no choice but to resort to legal action Please can anyone advise me on what to put on my N1 claim?

Its at a sensitive stage so I have decided to limit the info for now but will be in a position to update soon I imagine

Please can someone give me some direction?

Is there any help/hope available please?

We have a secured loan in addition to our mortgage - both are with GE Money. The mortgage is being paid by ISMI but we have been unable to pay the 2nd loan. The letters arrived today saying they have begun possession proceedings Hubby rang for PPI claim form re unemployment owing to becoming full time carer - they send form re sickness Despite all this shenanigans, the bottom line is that we have no money because we are now living solely on Income Support, Carers Allowance & DLA. The main mortgage which was in arrears has a suspended possession order and is covered by ISMI but they wouldnt cover this loan. Clutching at straws here but is there any case law or precedent that allows a secured loan to be added to the main mortgage when both loans are from the same lender? Desperately in need of help & dont know where to turn so any advice would be most welcome

...