IMPORTANT! This is MoneySavingExpert's open forum - anyone can post

Please exercise caution & report any spam, illegal, offensive, racist, libellous post to forumteam@moneysavingexpert.com

  • Be nice to all MoneySavers
  • All the best tips go in the MoneySavingExpert weekly email

    Plus all the new guides, deals & loopholes

  • No spam/referral links
or Login with Facebook
weightmans again
Closed Thread
Views: 613
Thread Tools Search this Thread Display Modes
# 1
sidkimbrough
Old 13-11-2012, 6:35 PM
MoneySaving Convert
 
Join Date: Oct 2006
Posts: 18
Default weightmans again

Hi,
I have been reading the posts and can not find a similar problem to mine so here goes. I have a very old (7+ years) debt from when I was in business. It went broke and I make token payments without fail every month. Equidebt have handed this to Weihgtmans who are asking for a voluntary charge. A couple of months ago I got ill and did not pick up my post for several weeks. In that time they managed to get a CCJ against me through the Northampton clearing court. by saying I had missed several payments. I have since sent letters to weightmans and northampton proving I never missed any payments by including copies of bank stubs. They are now taking me to court to get an involuntary charge on the house. Is there anything I can do to stop them??
sidkimbrough is offline
Report Post
# 2
fatbelly
Old 13-11-2012, 6:59 PM
Fantastically Fervent MoneySaving Super Fan
 
Join Date: Apr 2005
Posts: 8,121
Default

Factsheet | Charging orders in the county court

Phone National Debtline for a chat.

Equidebt won't in practice be able to force a sale so the debt will most likely just sit there till you sell.
fatbelly is online now
Report Post
# 3
sidkimbrough
Old 14-11-2012, 9:40 AM
MoneySaving Convert
 
Join Date: Oct 2006
Posts: 18
Default

Thanks I will try them first.
sidkimbrough is offline
Report Post
# 4
sidkimbrough
Old 15-11-2012, 1:50 PM
MoneySaving Convert
 
Join Date: Oct 2006
Posts: 18
Default

Since the CCJ was obtained under false pretenses (they claimed I was not making my payments) and I have sent both Weightmans and the Northampton court a letter enclosing my paying in slips at the bank, can the court refuse to give them the involuntary charge? Weightmans has sent me a letter saying that they have found the payments in question but that I had used the wron reference number. The correct reference number is on all the paying in slips.
sidkimbrough is offline
Report Post
# 5
fatbelly
Old 15-11-2012, 8:18 PM
Fantastically Fervent MoneySaving Super Fan
 
Join Date: Apr 2005
Posts: 8,121
Default

New rules:

Quote:
My creditor applied for my county-court judgement on or after 1 October 2012

In this situation, changes to the law mean that the creditor can apply for a charging order even if the court ordered you to pay the county-court judgement by instalments and you are up to date with them.
Old rules:
Quote:
My creditor applied for my county-court judgement before 1 October 2012

In this situation, the creditor can apply for a charging order if they have a county-court judgement against you and:
• you have been ordered to pay the whole debt immediately, or by a certain date, (this is known as a ‘forthwith’ judgement) and you have not done so; or
•the court has ordered you to pay the judgement by instalments and you have missed one or more payments.
So if it predates 1 Oct 2012, you have an argument (see the factsheet linked earlier) but in practice the courts moved to applying the 'new rules' a few years back and it had become very difficult to avoid a charging order if the creditor wanted one.

Having said that, have a go cos with our wonderful legal system a lot depends on how the judge feels on the day and there is an argument you can make (see the factsheet for more info).I can't imagine their lying to the court being very well received!
fatbelly is online now
Report Post
# 6
sidkimbrough
Old 16-11-2012, 4:37 PM
MoneySaving Convert
 
Join Date: Oct 2006
Posts: 18
Default

Thanks. I intend to take copies of the letter from Weightmans admitting receiving the payments and saying that either I or the bank had used the wrong reference. All of the bank slips have the reference number on them!! So they are still lying. I have written to Northampton court with a copy of weightmans letter admitting they received the payments and highlighted the reference number on the slips. I have asked them to set aside the CCJ as it was obtained under false pretences. I do not expect them to actually do anything but will use it all when we go to court on the charge order.
sidkimbrough is offline
Report Post
The Following User Says Thank You to sidkimbrough For This Useful Post: Show me >>
# 7
sidkimbrough
Old 20-11-2012, 10:29 AM
MoneySaving Convert
 
Join Date: Oct 2006
Posts: 18
Default

Is there any kind of record of just how many times Weightmans have bent the law to suit their cases? Has anyone sued them for acting under false pretences?
sidkimbrough is offline
Report Post
# 8
sidkimbrough
Old 05-12-2012, 11:41 AM
MoneySaving Convert
 
Join Date: Oct 2006
Posts: 18
Default

Hi again. The case above was submitted to Northampton Crown court before 1 Oct this year. After talking to the helpline I feel that my only hope of stopping them is to show that Weightmans are serial misrepresenters of the facts to achieve their ends. Is there any way to find cases against them for misrepresenting the facts?
sidkimbrough is offline
Report Post
Closed Thread

Bookmarks
 
 




Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

 Forum Jump  

Contact Us - MoneySavingExpert.com - Archive - Privacy Statement - Top

Powered by vBulletin® Copyright ©2000 - 2014, Jelsoft Enterprises Ltd.

All times are GMT. The time now is 8:53 PM.

 Forum Jump  

Free MoneySaving Email

Top deals: Week of 17 December 2014

Get all this & more in MoneySavingExpert's weekly email full of guides, vouchers and Deals

GET THIS FREE WEEKLY EMAIL Full of deals, guides & it's spam free

Latest News & Blogs

Martin's Twitter Feed

profile

Cheap Travel Money

Find the best online rate for holiday cash with MSE's TravelMoneyMax.

Find the best online rate for your holiday cash with MoneySavingExpert's TravelMoneyMax.

MSE's Twitter Feed

profile