Aplins/Hillesden Securities Ltd (dlc) claimform - old HBOS Credit Card debt -got CCJ but WON CO Hearing

[Andyorch]

No I didn't Andy, I think I was in shock at his decision He just said that he had looked at my defence statement but didn't comment on it. Basicaly, I think it just came down to them not turning up.

So do I do the N245 on line?

 

No you can download and complete on screen then print.

[Andyorch]

My problem with this Shazza (its still an anomaly) their is no direction to vary, just dont want you to waste £35

The DJ told you to contact the Claimant to agree payments, under normal circumstances if this couldn't be agreed then you would file the N245,

as you would if the Judgment had Forthwith on it or the monthly payment set was to excessive.

 

Andy

[Shazza50]

oh blimey, its beyond me, so I'm relying on you guys to guide me here .

Shall I write and make an offer, then if they refuse it go for the N245?

[cymruambyth]

Just to say that in my case the order was not forthwith, unless you count a date for payment and there was no instalment order. I came to an arrangement with their solicitors who stated that they would go for further enforcement. I was advised to seek a variation order and ir was this order coupled with the Mercantile Credit v Ellis case that stopped the CO.

 

Do not forget to check that they remove all credit markers for the ICO and that it is removed from the Land Registry; my DJ smiled when he said that the solicitors should do this...........

[Andyorch]

oh blimey, its beyond me, so I'm relying on you guys to guide me here .

Shall I write and make an offer, then if they refuse it go for the N245?

 

I think thats the best approach Shaz , retain all proof of offers in case they do try to for another ICO.

 

Andy

[Muffintop]

Whats the N245 for please.. is it only submitted wen ICO given?

 

Just re read further up can see what 245 is for but can It be submitted prior to attending court case or should we just write offering full and final settlement or payment plan

Edited June 4, 2011 by Muffintop
didnt read further up first

[cymruambyth]

Hi muffintop, a N245 is a court form to apply for a variation of an instalment order http://www.hmcourts-service.gov.uk/HMCSCourtFinder/GetForm.do?court_forms_id=486. It is quite straight forward and includes an IE section. I was told to fill this just for my income as it was my debt. It costs £40.

[Shazza50]

Well as of yet I have received no reply from Hillesdens, regarding the offer of payment, the letter I sent was dated 4th June. So I am now going to send another one with a copy of the first one. I am also going to put in a cheque for the first payment as I said I would pay on 28th of the month by standing order, but if they don't reply soon it will be too late for this month.

Also, should I have a letter from the court about the CO being dismissed?

[cymruambyth]

Yes you should receive a court order discharging the application and the ICO. It can take over 2 weeks to arrive. As soon as I received the order I wrote and asked for proof that the Land Registry and all the CRAs had been notified. (Just in case they forgot!!!)

Definitely get a payment to them recorded delivery' is there any information on their website about paying?

[Shazza50]

I've sent a copy of the first letter to them plus a cheque for the first payment, even though they haven't accepted the offer yet,I'm trying to be one step ahead of them , sent it recorded delivery this morning. If they had got the CO, I'm sure they wouldn't be taking this long to get in touch with me. Its been 3wks now since the hearing, I'll give them till the end of week then give the court a ring.

[Shazza50]

I have received a letter back today. They have noted my proposal for payment but confirm that they intend to continue with court action . They go on to say the CO is required as security only, and if granted will not be enforced by seeking an order for sale. They also require the rate of payment to be reviewed in 6mths. Well unless I win the lottery there will be no change of income any time soon in this household.

I sent a cheque for a payment, post-dated to 25th June (my payday) not realising it was a Saturday, but I noticed this morning that it has already been presented to my bank today, didn't think that was allowed?

[BRIGADIER2JCS]

It can be presented some banks will hold until the date others will return to the payees bank,

refer to drawer please represent.

[Shazza50]

I've noticed they still have the £100 court fees on the amount owing so I need to put them right on that as I now have the letter from court stating there be no order as to costs. Also with the letter, they have sent me a standing order mandate which they want me to sign and return to them. Am I not better off setting it up myself?

[Andyorch]

Does not really matter who sets it up but if they have supplied a mandate it will be far easier to set up.

 

Andy

[Shazza50]

Thanks Andy, I just wanted to make sure that I was in control of the payments. I told them I wanted to pay on the 28th of the month and they have filled it in for the 20th, will it be ok for me to change that before I return it to them?

[Andyorch]

Inform them first that the date is not acceptable and request a fresh mandate.

 

Andy

[Old Cogger]

why not take those details to your bank and tell them the content by standing Order with your own amended date?

[Andyorch]

Because if you do Mike they will state you have interfered with the date and changed it without their consent.

Inform them Shaz and are they happy for you to amend it or do they want to issue a fresh one.

 

Andy

[BRIGADIER2JCS]

It's your SO so you control the date it's nothing to do with them.

[Old Cogger]

It's your SO so you control the date it's nothing to do with them.

 

Exactly my point. (Shaz) she on this one as well?

[BRIGADIER2JCS]

Change the date or download a SO form off the net and take in yourself

[Andyorch]

Guys I dont want to labour this point but if you amend the date yourself without confirming with the Claimant

first it could be construed as breaking the agreement (the Fact that they have put the wrong date in the first place)

Nothing to do with the process of Standing Orders or Mandates etc or control or bank accounts.The agreement and payment arrangement.

So simple to just inform the Claimant they have incorrectly marked the wrong date on the mandate and so should she change it herself

and submit it to her bank or return it to them to process and correct.Its called covering ones backside and it isnt difficult.

 

Andy

[Shazza50]

Oh my, I feel another CO attempt coming sooner rather than later

I emailed them about the standing order date and also the £100 charge for the unsuccessful CO hearing. Its fine to change the payment date but as for the £100 they have written to the court and are awaiting their response before removing the costs.

[Andyorch]

Hi Shaz

 

Was costs mentioned at the hearing?

 

Andy

[Shazza50]

The DJ said we wouldn't have to pay costs and on the paperwork from court it says 'there be no order as to costs', which I presume means they can't charge us the £100.