Does anyone know how you might enforce a ccj against a company that is for less than £50?

3338_001.pdf

hello all I am trying to get some bank charges back from my bank via the small claims court however I believe I have responded to an application notice and as a result the bank is trying to strike out the claim, and claim costs of ££thousands. The claim has not been allocated to the small claims track, and they are asking it to be struck out before it can be allocated. any advice appreciated.

I did, based on no CCA but the judge didn't agree

I need to remortgage and my bank says the restriction will prevent this

its a restriction as the property is jointly owned Andy thanks for that on the land registry, HC is stated as the creditor im still unsure as to what to do tbh

BF its a charging order, Howard Cohen are the creditors but are not responding to my letters to pay off the charge in full

hello all I have a charging order on my property which I am now in a position to pay off. I have written twice to the charge owner to ask for a settlement amount however they are not answering me. To get this paid off, what can I do now?

maybe I should I have been charged 40 times in 24 months for missing mortgage payments - the mortgage payments were entrusted to someone else to pay, but that's another story. incidentally, the mortgage is currently not in arrears. the charges arise from late payment fees, unsuccessful visits and electoral roll searches. I am planning to use the small claims route as the mortgage company is refusing to refund the charges. I'm wondering about how to go about arguing successfully that the charges exceed the administrative costs of the lender. also, I believe that regarding home visits, such visits have to be agreed to in advance, and can be cancelled, therefore avoiding such a charge in the first place

hello am I correct that late mortgage payment fees/field agent visit fees can be reclaimed via the small claims courts?

sorry guys pls ignore - the CCJ has elapsed

guys what are the chances of getting a CCJ set aside due to the DCA admitting in court that they do not have a credit agreement? sorry for the lack of info, I'm in the process of gathering information as I am in a position to challenge the CCJ now thanks a lot

word to the wise everyone my PPI letter was rejected by Lloyds as they stated that they didnt have any details about me (car loan with Black Horse from 1999). I did not have any bank statements from then, and Santander had told me in writing that they didnt have any either. However contacted Santander customer services (IN-BRANCH TELEPHONE - important) and they managed to locate the errant statements. (Important because this line of enquiry acually worked - use a telephone in-branch if you require statements) contacted Lloyds again who confirmed the account number on the statements was correct. They sent out a ppi claim form which was completed. Then rejected. I wrote back to them asking them to reconsider, and asking for a copy of the CCA. What was interesting was that the PPI box was pre-typed in with 'GOLD'. This was the age before online applications, and I argued that the PPI was not presented as an optional extra, but rather was not discussed before I visited the sales office. This is self-evident, and Lloyds know that they cannot prove that the PPI was discussed prior to me signing the CCA. Therefore they have agreed to refund the PPI plus interest. However, as a side note, the final amount is over £1300 short of what the PPI refund should be. Make sure you analyze any offer you receive.

http://www.ticketfighter.co.uk/ http://www.moneysavingexpert.com/reclaim/parking-ticket-appeals

i would SAR CApital One to obtain records that show that the account was settled

write to them explaining that you will be making a complaint to the FOS if they dont refund you. DO NOT SIGN A NEW AGREEMENT!!!!!

i did not include a disclosure order!!

Martin can you elaborate? Which Act entitles me to a breakdown of charges?

keep us posted

POC: Particulars of claim. The claimant has an account for the provision of cable TV Telephone and Internet services. Account number xxx operated within their standard During the periods September 2009 to present, at regular monthly intervals, inclusive, the defendant has levied charges to the claimants account for late payments to the account. The claimant tried to negotiate with the defendant to have these charges refunded, or alternatively supply a breakdown of their costs which would demonstrate the said charges to be a genuine pre estimate of its costs or losses in relation to the charges. The claimant wrote two letters one of which was a letter before action sent on 8th July 2010. The Defendant has refused to refund the said charges or provide evidence to show that they are justified, or can be shown to be a reasonable assessment of their costs. The claimant believes these charges to be a disproportionate penalty, and therefore are unenforceable being contrary to common law. Additionally the claimant believes they are invalid under the unfair terms in consumer contracts regulations (regulation 5) and the unfair contract terms act 1977 s4. Also, that they are unfair under consumer contract terms regulations 1999 para B sch 2.1.e In the event that they are not a penalty, they are unreasonable within the meaning of the supply of goods and services act 1982 s15. The claimant received a telephone call from one of the defendants’ telephone operators which gave a final response that no charges would be refunded, and that no breakdown of its costs would be provided to me. The claimant has given the defendant a further 28 days to reconsider, but unfortunately their position remains the same. Reluctantly therefore, the claimant seeks no alternative than to file this claim in the county court. I, the claimant believe that I have followed pre action protocols in this matter. A list of the charges is attached, the defendants have previously been sent this list.

hello all need a bit of advice I am suing VM for a full refund of the late payment charges they have levied against me I have received their defence today which is interesting. it consists of 2 witness statements and some t&cs the first WS states: 1. the late payment charge is applied in order to recover the costs incurred on the defendant in the event of a late payment 2. the £10 charge is the average cost to the defendant in the event of a late payment 3. the defendant cannot reveal how it calculates the £10 charge as it is a NASDAQ company and this information is sensitive 4. the costs are incurred due to overheads, staffing costs, letters and phone calls 5. the actual cost is £10.19, rounded down to £10 (how kind) the second witness statement is just billing and notes from the account I would like in court to get them to provide a Breakdown of their charges in full. court date is set for May - any thoughts?

POC: Particulars of claim. The claimant has an account for the provision of cable TV Telephone and Internet services. Account number xxx operated within their standard During the periods September 2009 to present, at regular monthly intervals, inclusive, the defendant has levied charges to the claimants account for late payments to the account. The claimant tried to negotiate with the defendant to have these charges refunded, or alternatively supply a breakdown of their costs which would demonstrate the said charges to be a genuine pre estimate of its costs or losses in relation to the charges. The claimant wrote two letters one of which was a letter before action sent on 8th July 2010. The Defendant has refused to refund the said charges or provide evidence to show that they are justified, or can be shown to be a reasonable assessment of their costs. The claimant believes these charges to be a disproportionate penalty, and therefore are unenforceable being contrary to common law. Additionally the claimant believes they are invalid under the unfair terms in consumer contracts regulations (regulation 5) and the unfair contract terms act 1977 s4. Also, that they are unfair under consumer contract terms regulations 1999 para B sch 2.1.e In the event that they are not a penalty, they are unreasonable within the meaning of the supply of goods and services act 1982 s15. The claimant received a telephone call from one of the defendants’ telephone operators which gave a final response that no charges would be refunded, and that no breakdown of its costs would be provided to me. The claimant has given the defendant a further 28 days to reconsider, but unfortunately their position remains the same. Reluctantly therefore, the claimant seeks no alternative than to file this claim in the County Court. I, the claimant believe that I have followed pre action protocols in this matter. A list of the charges is attached, the defendants have previously been sent this list.

hello all need a bit of advice I am suing VM for a full refund of the late payment charges they have levied against me I have received their defence today which is interesting. it consists of 2 witness statements and some t&cs the first WS states: 1. the late payment charge is applied in order to recover the costs incurred on the defendant in the event of a late payment 2. the £10 charge is the average cost to the defendant in the event of a late payment 3. the defendant cannot reveal how it calculates the £10 charge as it is a NASDAQ company and this information is sensitive 4. the costs are incurred due to overheads, staffing costs, letters and phone calls 5. the actual cost is £10.19, rounded down to £10 (how kind) the second witness statement is just billing and notes from the account I would like in court to get them to provide a breakdown of their charges in full. court date is set for May - any thoughts? i will post my POC tomorrow

very true but i would use their own T&Cs against them

buzby its a bit more straightforward than that i told them that my bill was wrong on the 1st , and it was still wrong on the 22nd, when i told them again. so no outside influences or acts of God, simply ineptitude