Northhamptom Bulk Processing . A question

LBaum

The other fascinating thing I have found is if the amount is under 5000
the creditor can apply for a warrant of execution.

How much fun that would be! Bailiffs hanging around and trying to talk though a letterbox.

Do not worry about this if like me, ( sorry DCA reading this ) you fall into the following circumstances

A warrant will only be issued if

(*You must have a gross annual income of £14213 or less and receive both working tax credit AND child tax credit, or working tax credit with a 'disability element' or a 'severe disability element'. Your tax credit award notice will contain this information)

Hmm so back to charging order it is.

pepe2008

If the Court has been presented with your details 'with the wrong address'.....how can an Order be made against you?
Surely, if the Solicitors have done this on purpose to confuse the issue so that you are not able to Defend then they are guilty of Unfair Practices and should be reported aagainst accordingly?

pepe2008

LBaum wrote: »

The other fascinating thing I have found is if the amount is under 5000
the creditor can apply for a warrant of execution.

How much fun that would be! Bailiffs hanging around and trying to talk though a letterbox.

Do not worry about this if like me, ( sorry DCA reading this ) you fall into the following circumstances

A warrant will only be issued if

(*You must have a gross annual income of £14213 or less and receive both working tax credit AND child tax credit, or working tax credit with a 'disability element' or a 'severe disability element'. Your tax credit award notice will contain this information)

Hmm so back to charging order it is.

Not forgetting that a Charging Order cannot be used when the Property is Jointly Owned and the debt in question is in a single name. in this case they can only go for a Restriction, whiuch is not worth the paper its written on.

LBaum

This is really bugging me now.

Look at the simplified chain of events

1. Let's assume the DCA gave my address correctly.

2. They apply for a CCJ at Northamptom. I can not afford to go to Northampton given I am in financial hardship. Neither creditor/court informs me of Time Order option at this stage.

2.a Clerk miscalculates disposable amount by x10. ( Did DCA anticipate this and attempt to use it as
threat?- Is Northampton renowned for repeatedly making these errors in processing? Is that why it is so popular - why does our stuff go there anyway?)

2.b I now have CCJ

3. Only option I have is to apply for redetermination in local court.

4. I get redetermination - having closely examined the factors ( not all of which have been discussed here) and it looks like either a restriction will be placed or a warrant applied for ( which they won't get). Even if they did get a warrant I have no valuable assets/possessions. I do not like possessions and regard them as clutter.

My DNP is precise and I do not have enough disposable to pay any more than is stated. Judge grants installments at that amount.

If the DCA do get the charging order it is a restriction because the property is jointly owned, and can be sidestepped if you know how.

So what was the point of all that effort on the part of the DCA?



After all this, the DCA is back where it started, but my time and courts time has in a broad sense been wasted to arrive back at the original starting point, and I have paid the legal costs for the CCJ meaning my hardship is increased.

This is a strange process.

Currently I am trying to set the factors in some sort of coherent hierarchy that will be guiding the Judge in the decision making process.

LBaum

Perhaps there is someone who works for a DCA , or has worked for one would like to explain why they actually use Northampton.

DGJsaver

*bump this thread*

bat-out-of-hell

LBaum wrote: »

Perhaps there is someone who works for a DCA , or has worked for one would like to explain why they actually use Northampton.

You need it explaining?

So they can get a judgement by default, simple, helped if you have moved in the last few years as they can list your old address, its an abuse of process, one the courts must be aware of yet it is allowed to continue.

PLUS

They do not have to provide a single document to show the debt is owed as under CPR cases filed via NHBCC are exempt from having to attach a copy of the legally binding agreement, which was understandable when that bit was added, but in this day and age is a joke

BigCraigJohn

Dangerously easy is all I can say after a successful claim against Egg for unlawful charges.
No wonder so many people get ccjs.