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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

mjt2013

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Everything posted by mjt2013

  1. mjt2013
    I'm not sure why you've raised the point, no one else has? Do you have anything to add to the OPs question?
  2. mjt2013
    There isn't a hearing for interim orders, Andyorch.
  3. mjt2013
    Negotiations are without prejudice so should be kept secret from the court before liability is decided. That's why they're to be removed from the file so as to ensure that the judge hearing the case doesn't accidentally read it.
  4. mjt2013
    It seems rather odd that you received the notice a year later, how long was the adjournment supposed to be for?
  5. mjt2013
    I wouldn't use the phrase "help out". You'll have to prove an intention to create legal relations in order for a binding contract to be formed and 'helping out' doesn't sound like intending to create any legal obligation to repay.
  6. mjt2013
    It's a bit difficult to answer that last question without any real idea what the phrase used was!
  7. mjt2013
    The Claimant is responsible for serving the initial interim charging order. If the hearing had then been adjourned the court is responsible for serving the notice of the next hearing.
  8. mjt2013
    In layman's terms, what do you think your defence should be? Do you owe the money claimed?
  9. mjt2013
    You will have to attend a hearing unless the other side agree to your application. You will need to argue your case, applying the facts to the relevant law, in order to convince the judge to set the judgment aside. The case will probably be heard in the judge's chamber, which is basically a small office rather than a formal courtroom, and most judges are well versed in helping people without lawyers to explain their case.
  10. mjt2013
    It all sounds fairly standard, the next stage I imagine will be allocation to track and directions for taking the case to the next hearing.
  11. mjt2013
    You should see a UK lawyer but clearly he or she will need to be able to cope with the potentially complex jurisdictional issues here. This will require a specialist. I'm sorry to say it sounds like you've been a victim of a [problem], I suspect the real issue will be tracing the Defendant.
  12. mjt2013
    By all means pursue this with the MP but, to be honest, it just sounds like you need to let this go because the stress of taking it further is unlikely to be rewarded.
  13. mjt2013
    Well, the debts still exist and so should be paid but the CCJ should be a priority (after secured debts). You don't get all of your debts written off because you can't pay them.
  14. mjt2013
    I cannot stress enough that the recent directions from the judge identified two preliminary issues that need to be determined before the actual appeal itself is considered. This is not the one and only chance for the OP to put her substantive case, unless the court decides that she shouldn't be given an extension of time to appeal. The OP has not followed the rules and the judge just wants to know why at this stage.
  15. mjt2013
    Why is it outrageous? Did you enter into the agreement? Do you owe the money? You can file a defence just putting the creditor to proof if you like but there's no reason why you can't file a defence now as you don't need disclosure yet.
  16. mjt2013
    A counterclaim is a claim you make against the creditor, a defence is your response to their claim. The purpose of a counterclaim, in essence, is that if you have grounds to sue the creditor you can do that within this claim rather than having two parallel court claims. If you have no basis to sue the creditor you have no counterclaim and only need to defend their claim against you.
  17. mjt2013
    Sorry, I don't really follow the point you're trying to make but I hope the information I've given is of some use to you in dealing with this and avoiding the forced sale of your home.
  18. mjt2013
    Interesting, every day's a school day!
  19. mjt2013
    It's been a while since I've had anything to do with conveyancing but if I recall you put an address for correspondence on the form so just put the one you're happy with.
  20. mjt2013
    The recent directions are not an opportunity for you to go all out on the merits of your appeal. 2 specific questions need to be answered and your best bet is to just answer them. If you give the court chapter and verse it will have to pick through to find the answer and you risk it refusing to do so.
  21. mjt2013
    I think CCJs are registered after 28 days. It's certainly not instant.
  22. mjt2013
    Why do you say the onus is on them? You know there's a judgment debt to be paid. I can appreciate that you may have wanted them to contact you but the reverse is also true. At best, you're both equally at fault that it's got this far.
  23. mjt2013
    As I indicated earlier, you technically have defaulted on payments because all of the money was due. In the absence of anything to the contrary a judgment has to be paid within 14 days. You don't get let off if there's no provision for payment by instalments, unfortunately.
  24. mjt2013
    Yes, I thought that might have been what you thought but unfortunately some creditors aren't happy with just waiting and want to see some money coming in. If you've made no efforts to repay a £7,000.00 debt I can imagine some, only some, judges thinking that you're just not going to pay unless the house is sold.
  25. mjt2013
    I'm concerned that you may have misunderstood the purpose of a charging order, it's not intended to be an alternative to payment of the judgment debt but rather a security pending payment. If the order was made without payment conditions then the whole debt is due for payment and will now be well overdue, I suggest you consider making some sort of payment arrangement. Having said that, orders for sale are extremely hard to obtain and it may be that the creditor is just trying to get you to offer payments but if the debt is quite substantial and you're not making any effort to pay it then there's a risk a court would grant an order for sale.

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