Like for instance? A question, why are you applying for a set aside when you admit you owe the money? Do you think the court will miss this small point?

https://www.justice.gov.uk/courts/procedure-rules/civil/contents/form_section_images/practice_directions/pd73_pdf_eps/pd73_apdx_a.pdf Nope, will you stop making things up. This is a possession application 1. The remainder of this order will not take effect if the defendant by 4.00 p.m. on the ————————— 20 —— pays to the claimant the judgment debt of £————— secured by the charge and his costs to date of this application assessed at £—————, making together £————— [together ————— with interest at the rat We were talking about the possession order, the thing the bailiff needs to be able to posses the property, there is nothing said about the charge. Then if they wish, the bailiff can seek a possession order from the court, this is not a warrant of control as your pal seems to think, nor do they need to give warning of a visit, it is a different procedure. The OP seems to have a habit of ignoring the court and getting default judgements, and here you are encouraging him to further bury his head.

No because costs are added. if its HCEO there will be a few.

If it is a £800 debt there will also be costs, do you think that there would be a charging order, if they could not enforce. Or is there not a charging order at all really, as I suspected. So you are going to apply for a set aside but pay instalments, really? You seem to think the compliance period has stopped because of the virus, why,? it is personal visits and spreading of the virus that is the issue, also the EA could restart as soon as Wednesday next week, unlikely yes but legally true, they also said enforcement will continue, just not on the doorstep.

It depends on the date of the noe. If the notice was sent before seven days ago you would have passed compliance and the only reason they haven't called is because of the lockdown. If they are at this stage I would ensure your property is locked and anything outside is moved, just in case. Some would say your safe to risk it. I wouldn't. Something I would like to clarify. From what you said, the creditor took you to court and obtained a default judjement. Then the court issued a interim charging order, they would have to apply one of these before registering a full charge, again in default? Then they would have to apply for the full order, giving the debtor the chance to defend . At this point defending such an order would be a piece of cake, on the details you mention, yet still another default judgement. Then for some reason the creditor choses not to pursue a re-possession order. He, instead gets a Warrant of control, to seize your goods, Is this correct?

Hi Peter, You're answering a post that was not by me, (arguing amongst yourselves) What I need to prove is that the default was not made legally under the '74 CCA. Then I can take NWB to the cleaners, which is something I'm sure you'll all be interested in!!! Update: Didn't discuss NWB much, because I'm paying them £6/m, they're not adding interest, or chasing it up (at all) BW pointedoutit is not a definition of a default, it is as I stated before, yes I think my reply was posted here, instead of anther thread. Yes indeed, on an overdraft there is no requirement regarding the form of the agreement, hence no DN.However udder FCA rules a notice of the state of the account should be sent, in the case of excessive drawings. Before the FCA no notice at all required for the reasons above. ou mention section 74 of the CCA, and you are right in stating that a default notice cannot be issued on an overdraft, unles it is subject to its own sepperate agreement. The section 189 CCA definition applies to when a contract may be said to be "broken down" beyond recovery. So I am afraid it is you that is in error. As BW said earlier, it is just a guide to interpretation of a legal term. Andy the two sections you quote are none default termination clauses, one for fixed sum agreements and one for running credit. n indication of a breakdown of the contract. I would put them up but they seem to anger people on here.

First is to visit the land registry on line, they will send you a copy of your deeds for £3 which will tell you If there is any charge. You must take action on that to avoid losing your home, if there is one. Personally I doubt there will be, for the sake of £800. Then phone the court which heard the complaint and ask if it has been moved up to the high court for enforcement. . This will tell you if the warrant of control is being enforced by the county court or the high court Bailiffs. It is true that currently enforcement is on hold It seems you are still in compliance stage of enforcement, this gives at least seven days before they visit. It is true that in order to accept part payments after compliance, the high court bailiff needs to visit and take control of goods. They cannot enforce entry but they can take any goods outside your house, so hide your car after compliance.. You need to sort this, if it goes to the next stage they will add another £190-£600 in fees.

First stop the bailiff by issuing a 245 application, it should stay their action whist you sort it out. Then you need you find out if the Charging order is the first intermediate charging order. If it is the first, the debtor needs to file a complaint again the final order being granted. He will go to court and explain why it is unjust for his home to be sold. You also need to find out from the court when the Warrant of control was issued and what the judgement from the county court actually said re enforcement. I am afraid I will find it difficult to help just now however, I am sue someone who knows about these matters will step in.

What are my rights if an airline goes bust? https://www.which.co.uk/.../advice/your-rights-if-an-airline-goes-bust You could claim against your credit card company under section 75 of the Consumer Credit Act. To be eligible, you need to have paid more than £100 for your flights or holiday, and used your credit card to book direct with the tour operator or airline - usually this means it needs to be either the airline or holiday company listed on your credit card bill.

Its relevant because it is well Known but the same reasoning applies. In both cases the payment is made to an intermediary and in both cases the section does not apply. You now have confirmation.

Section 76 and 98 are not default notices. Tacit overdrafts of that period were of course not required to issue a section 87 notice. Would you like me to show you?

The OP would have left this (if he has), because he has no longer any confidence in the advice given. I am afraid that is down to you DX, yet again. You are also wrong regarding the relevance on here, as the OP said he payed by PP. Even so section 75 would not be applicable for the reasons given. Would you rather the OP pursued an incorrect path, just to suit your ego?

The only thing which was derailed, as you put it was your mistaken advice. Would you rather he would have followed it?

Nope the problem remains. The PP was not the supplier, ;one one of section 75, the thee parties must be the buyer the crediror and the supplier. In any case with or without the PP issue, the payment was not made to the supplier. There are many dodgy dealer who ue paypal a a way o avoid section 75. More info for you to puruse. https://www.kemplittle.com/blog/chargebacks-section-75-travel/ Section 75 Consumer Credit Act 1974 (s.75 CCA) Where a customer has made a booking using a credit card, they will be entitled to claim a refund for the booking where the service has not been performed and this has resulted in a breach of the provider’s terms and conditions. S.75 CCA makes the card provider and the travel provider joint and severally liable so the customer only need notify its card provider to initiate a claim. S.75 CCA can only be used for amounts between £100 and £30,000, but can be used even if only a small portion of the booking was made on the credit card and e.g. the rest was paid by cash. The customer would still be able to recover the full amount through the claim. When can’t s.75 CCA be used? Where the booking has been made via a third party, such as a travel agent, a s.75 CCA claim is likely to fail as the direct link between the card provider and the travel provider has been broken. Therefore, if your terms and conditions make it clear that you are acting as an agent for the travel provider, you should inform the customer of this promptly as they will not have a claim against you. In addition, s.75 CCA cannot be used where there has been no actual breach of the terms and conditions between the travel provider and the customer. For example, if the flight or hotel was still available, it does not matter that the customer was unable to get to it (or did not want to travel) because the travel provider has fulfilled its contractual obligation to provide the service. If the provider’s terms and conditions include a force majeure clause to the effect that the travel provider is excused from performing its contractual obligations where there is a force majeure event (and coronavirus qualifies as a force majeure event), then provided the terms and conditions were properly disclosed to the cardholder, the cardholder will not have a claim under s.75 CCA. could explain the term in the legislation, but it is already common knowledge and readily available on the web. I am genuinely surprised you have not come across this before. https://www.kemplittle.com/blog/chargebacks-section-75-travel/ As said teh answer is a straight forward claim in equity against the broker. DX With respect When you pay a bill via PayPal , you do so through your own pay plan "portal". https://techboomers.com/t/what-is-paypal I make no other comment.

Well, I suppose, but it is not applicable. In Martin we trust https://www.moneysavingexpert.com/credit-cards/PayPal-Section75/#chargeback Does PayPal ever work for Section 75? Does PayPal count as Section 75 protection? But with PayPal, in simple terms, you’re paying PayPal and it's paying the retailer. Therefore, even if you’re just putting your credit card details into PayPal to pay, it counts as an agency, the path is broken, therefore you don’t have Section 75 protection. Is there not n advice a sheet on here for section 75 and chargeback?

Firstly you can forget about section 75 protection. You say you paid by paypal so it is not applicable. Also the broker is not the supplier. You could try a common law suit against the creditor, or if the applicable sections of the mentioned acts,(which I have yet to see) are used.

Sorry but, if the OP paid the broker and the supplier was someone else the section 75 cannot be used. There re though plenty of of other remedies through the guides and regulatory bodies.

I am unsure what is meant here, but if the booking contract says that there are no refunds upon an event the owner has no control over(act of god), and it would be a very poor contract indeed that didn't contain such. Your stuffed.

I thought the contract signed said, no return. How is it breached please. Suppose if it were the fault of the owner, he would have to pay damages. Where did he go on his hollies.

Sorry time run out, its section 77 request not 79 you need

Well , when you decide to repay the premiums by installmentt on an insurance policy, the provider sometimes take out a credit agreement on your behalf. The agreement is between you and the credit provider. That is the insurer(if they are licenced),or a separate credit provider company, or if an underwriter is being used , then that body.. The agreement would be fixed sum restricted use agreement (note, so a CCA request, would be under section 77), The debtor would be you, the recipient of the loan would be the insurance company. Therefore you in fact open two accounts on instignation of the policy, one for the sale and one for the credit. If you cancel the sale agreement by cancelling the sale(policy), it still leaves the credit agreement. Any party can end a credit agreement at any time, however the sums remaining under it have to be settled. This is what the insurance company contend. First steps are SAR request(gpdr) and CCA 79

Would section 75 be applicable in this case? if the OP payid the broker, I am unsure TBH. Which section Andy> There could be a duty of care issue in that the hotelier hadn't insured himself or his business for such an unexpected occurrence.

Is this policy under-written by someone else, UK insurance perhaps? If loan repayments were made by the PPI company, there would be no default, nor should one be registered. The creditor-debtor relationship has not broken down. Nor is it the fault of the debtor. The PPI would not be payable if a "breakdown in the relationship" was the reason for none payment. Sorry I should explain, the definition of "default" is : When the relationship of the parties to the agreement have broken down. Whilst the condition necessary for an insurance pay out, would be an accident or a mishap of some description. Sorry BW, been delving into my old GCSE text book again.

Sorry to hear about your problem. In regards to furloughed payment, the money is provided by the government as far as I know, your employer is just the middle man for the payment. Good article here: Am I Entitled To Furlough Pay? The information in this blog is based on Government guidance as of 4:00 pm on 27 March 2020. Guidance has been published further details of the Coronavirus Job Retention Scheme (more commonly known as the Furlough Pay Scheme). At this stage, it is unclear when exactly the scheme will go live and whether HMRC will rely only on the guidance when operating the scheme or if legislation will be enacted. It is also unclear when the scheme will actually commence however payments are to be backdated to 1 March 2020. The areas in which we have received a number of queries are set out below: Who Is Entitled to Receive Furlough Pay? All employees who are paid through a PAYE scheme. This includes agency staff if paid through PAYE. The types of employers named are who are covered by the scheme are businesses, charities, recruitment agencies and public authorities. To qualify, you must have been on the payroll on or before 28 February 2020 – anyone hired after that date is not eligible. The scheme is also open to employees made redundant since 28 February 2020 provided the employer is willing to rehire them. Employees with more than one job are eligible. Furlough leave can be paid for each job an employee works in. Also see the Martin Lewis website, which explains further. As the others have said you need to see what other benefits are available, and see to any other debts you may have. We can also help with these.

I have posted this here, I didn't think it merited a new topic and may have been mentioned before. A cousin brought me his wage slip. He had been put on furlough, he thought it looked wrong. It was, they had not altered his PAYE coding. In his case it was doubly important because if correctly calculated it would have taken his taxable income below the lower rate. A quick call to his employer remedied it for him.