A & L Trying Court second time

[tomterm8]

Can you ring up the court, and ask what happened about the original ccj?

 

I'll need to do some thinking...

[tomterm8]

bach, can you post the actual claim on the charging order application?

[tomterm8]

I've attached a response to the application - just flying it for opinons, don't submit it yet:)

Response - Charging Order.doc

[tomterm8]

Your Address

 

 

DATE

 

SOLICITERS ADDRESS

 

 

 

 

In the Matter of CREDITOR(Applicant) Vs YOU (Respondant)

 

Case no XXX

 

In X County court.

 

 

 

 

 

 

 

 

Dear Sir or madam,

 

RE: RESPONSE TO YOUR APPLICATION.

 

I find it extraordinary that your client has made an application to impose a charging order upon my property, after informing me that it would take no further action. For your information, I enclose a copy of my response to this application.

 

Please be aware that if you chose to continue with this application, in the event the court dismisses it (as I believe it will) I intend to make a formal complaint to the attorney general that you and your clients are vexatious litigants under Section 42 of the Supreme Courts Act 1981.

 

 

I respectfully ask you to investigate the matter further.

 

 

Yours truly,

[tomterm8]

Is that your name on the bottom Tom !! Suggest you edit it out quick...

 

eek:)

 

As you can see, I'm one of maybe 20 people in the UK this year that have actually made a vexatious litigation complaint:)

[tomterm8]

RE: RESPONSE TO YOUR APPLICATION ?

 

jeeze... and everybodies a critic:)

 

OK, I may Law, but I don't do grandma, or Spealling:)

 

Thanks, dave.

[tomterm8]

 

Secondly, TomTerm8, Can't forward a copy of the charging order application to you but if it will help will type it out for you.?

Lynn

 

Yes,

[tomterm8]

Hi Tom

Sorry but brain on a go slow, do I quote this section word for word or are there any insertions I have to make ?? I have'nt got a copy of the appropiate act / amendment.

 

 

“11 The repeal by this Act of—

(a) the words “(subject to subsections (3) and (4))” in subsection (1) of

section 127 of the 1974 Act,

(b) subsections (3) to (5) of that section, and

© the words “or 127(3)” in subsection (3) of section 185 of that Act, has no effect in relation to improperly-executed agreements made before the commencement of section 15 of this Act.”

 

Thanks Lynn

 

eh, you just quote it as in the letter. It's online at Consumer Credit Act 2006 (c. 14) - Statute Law Database if you want to have a look.

 

All the section is doing is telling the judge that the provisions of s127 of the act remain intact.

[tomterm8]

Morning to all Just an update

 

Sent of the letters that you suggested to the Court and Solicitors last Monday still waiting for a reply.

 

The Solicitors also sent letter telling me they would be adding charges and Court Costs, however when they first tried to take it to Court they wrote saying that I would not incure any charges. Silly devils wrote back on Friday said sorry for the error ignore the letter there are difinatly no charges to me.

I will keep in touch with any developments

 

Lynn

 

have you called the court to find out whether they have set a date for the hearing?

[tomterm8]

Thanks, I'm going to get a letter together one more time before the hearing (4th Oct) they have turned it all around and put the proving on to me. Another thing It states on my hearing letter only 5min will be allowed for this hearing, can this be right.? How am I going to explain anything in 5 min ? Does anyone know how I could get some free legal help at the Court please? Or if anyone could help me write a defence thanks

 

Lynn

 

Did you submit the response I suggested to the court? If so, and if you include a copy of the applicable letters in the response, that should be sufficient proof - or, at least, as good as you can get.

 

Stop panicking. it's true that the burden of proof is harder, but it's not impossible. As for the 5 minutes, that's the normal time alloted for a charging order. The poor judge will have to take as much time as required.

 

if you require legal help, call up the Citizens Advice Bureau, they have a list of legal aid soliciters.

[tomterm8]

I'd be very interested to see the result of the court order. At the moment, it sounds like he is going to set aside the CCJ as well as the charging order.

 

All good stuff:)

 

If he does set aside the CCJ, they would be very, very foolish to go after you again.

 

Congratulations on doing the almost impossible:) (i.e. winning on a charging order after a CCJ) Enjoy your drink...

[tomterm8]

OK... I've replied to your PM, but just to put my advice into the public domain...

 

You should check your credit references, and require the credit reference agencies to remove the CCJ from your credit reference. Send them a copy of the judgement.

 

Then, a bit bottle of premium vinto.