I don't know what to do about this :(

Flowerpot_2

[QUOTE=blind-as-a-bat;22619401

Dont foget who finances the CCCS;)[/QUOTE]

??????????? I thought they were the good guys :eek:
FP x

blind-as-a-bat_2

Flowerpot wrote: »

The issue date on the claim is the 17th June 09 - no haven't asked for a copy of the agreement? Does he have to? this is not mine its my OH's.
FP x

Yes, it is the basis of the claim.

Most creditors iissue court claims via northampton bulk clearing centre as they do not have to attach proof.

To issue a court claim any other way the creditor would have to attach a copy of the agreemant at least, and maybe a valid default notice.


We can help by you time FP, and hopefully avoid any chnce of a charging order on your property, but we need yor OH on board, you can do some of it, but its hard work.


If they do manage to get a charging order, then it will not go into hs BR.

How does that effect you keeping the house? how big a debt are we talking about here?

blind-as-a-bat_2

Flowerpot wrote: »

??????????? I thought they were the good guys :eek:
FP x

They are for the most part, but when it comes to court claims they NEVER advise defending, even if the debt may not be enforceable under the consumer credit act.(CCA)


THe CCA is not the get out of debt card some think it is, but it can be a usfull tool if you are faced with a court claim;)

One other question, when was the account opened?

tigerfeet2006

They are Flower but they do have there limits with some things. Just the odd thing now and again.

Don't panic about it at the moment. Bat and the others who understand CCA's will walk you through it.

peachyprice

blind-as-a-bat wrote: »

regretably peachy that is not so, the law is changing, not sure of the date, or if it has actually come ito force, but some courts are allowing a CO at the same time as a CCJ anyway, have been for the past six months or so now.

The best form of defence is to delay it, if possible, if BR is the route chosen.

Ooh, Bat I got an email from No.10 about the petition that was raised about that, they're not changing the law at present

The Government believes that, in certain circumstances, it is right to have measures in place to prevent people who owe money benefiting from the sale of property. At present, the court cannot make a charging order when payments made under an instalment order are up to date.
Last year the Lord Chancellor and Secretary of State for Justice asked for a reassessment to ensure that the enforcement provisions, including the charging order reforms, in the Tribunals, Courts and Enforcement Act 2007 remain appropriate.
Ministers have recently completed the reassessment and will not be commencing the charging order reforms to ensure a degree of certainty for debtors.

So as I read it, judges should no longer implement CO on the chance of an iminent change in the law.

Here's the link

http://www.number10.gov.uk/Page19397

blind-as-a-bat_2

I really have to go now FP, if you can answer the questions ive asked, and do you have a scanner? it will help if you have, its easier if i can see the documents (without personal info obviously)

But please dont worry, its a pain in the butt, but it is not that hard really to 'play' them at there own game, i have been doing it for my OH since last feb, yes my luck will run out eventually, but i have done what i set out to do, and that was to buy as much time as poss;)

Flowerpot_2

blind-as-a-bat wrote: »

Yes, it is the basis of the claim.

Most creditors iissue court claims via northampton bulk clearing centre as they do not have to attach proof.

To issue a court claim any other way the creditor would have to attach a copy of the agreemant at least, and maybe a valid default notice.


We can help by you time FP, and hopefully avoid any chnce of a charging order on your property, but we need yor OH on board, you can do some of it, but its hard work.


If they do manage to get a charging order, then it will not go into hs BR.

How does that effect you keeping the house? how big a debt are we talking about here?

I'm sorry, sort of breaking down abit here.
Okay, I went BR for 27k very recently, have just had my interview no idea if I'm going to get an IPA as yet, Brighton Court very busy OR said it would be 2 months probably before I heaqr from him but did say I would recieve the forms for the tax stuff & the BI stuff - which I'm still a bit confused about as its a joint mortgage & as yet I'm the only one BR - neg equity maybe etc., etc.,.
My Oh's debts amount to about 75 k. He's self-employed, self-declaration tax-wise & doesn't pay any NI stamp - in fact he doesn't even know his NI number.
I am at a total & utter loss as what to do. My OH will most probably not come on board at all, I have to sort this out for him which is why I am so stressed about it all. I've just gone through my own BR & I know in my heart I'm going to have to repeat the process for my OH. I'd come to terms with all that but now with this Claim form & CCJ looming I simply don't know what to do....................but I'm trying
FP x

blind-as-a-bat_2

peachyprice wrote: »

Ooh, Bat I got an email from No.10 about the petition that was raised about that, they're not changing the law at present



So as I read it, judges should no longer implement CO on the chance of an iminent change in the law.

Here's the link

http://www.number10.gov.uk/Page19397

Shame they did not tell the judges:rolleyes:

As far as i know it was already passed, and was waiting to be implemented six moths ago, will look ito it tommorow, maybe the pressure has paid of and they have backtracked, unless there whitwashing it;)

blind-as-a-bat_2

Flowerpot wrote: »

I'm sorry, sort of breaking down abit here.
Okay, I went BR for 27k very recently, have just had my interview no idea if I'm going to get an IPA as yet, Brighton Court very busy OR said it would be 2 months probably before I heaqr from him but did say I would recieve the forms for the tax stuff & the BI stuff - which I'm still a bit confused about as its a joint mortgage & as yet I'm the only one BR - neg equity maybe etc., etc.,.
My Oh's debts amount to about 75 k. He's self-employed, self-declaration tax-wise & doesn't pay any NI stamp - in fact he doesn't even know his NI number.
I am at a total & utter loss as what to do. My OH will most probably not come on board at all, I have to sort this out for him which is why I am so stressed about it all. I've just gone through my own BR & I know in my heart I'm going to have to repeat the process for my OH. I'd come to terms with all that but now with this Claim form & CCJ looming I simply don't know what to do....................but I'm trying
FP x

Dont worry FP, i felt thhe same whem my OH's arrived, i felt physicaly sick, after going BR i was back to stage one, so understand totaly.

Right, there is nothing we can do tonight (and im on the wrong side of a few drinks if im honest.....well it is friday )

Turn your computer of FP and your brain, nothing needs doing right now, 9 out of ten court claims are issued with no intrentions of actually letting it get to court, a lot use it to add more preassure, thats all;)

I will need to know exavtly what the perticulars of claims say, but it will wait until tommorrow, as i said if you have a scanner you can post/send them too me if it is easier, will sort out how tommorow, but for now FP, let it be, i dont need your OH to post, just to follow what we advise to the letter, and get ready for BR as fast as he can;)

blind-as-a-bat_2

peachyprice wrote: »

Ooh, Bat I got an email from No.10 about the petition that was raised about that, they're not changing the law at present



So as I read it, judges should no longer implement CO on the chance of an iminent change in the law.

Here's the link

http://www.number10.gov.uk/Page19397

Just had a quick scan, it seems they have 'delayed' its implementation due to the current climate, not canncelled altogether.

like i say thats the view i got from a very quick look, so may be wrong.

But if not it may be implemented as soon as the economic climate improves, and will open the floodgates for anyone with property to be targeted.