Alex Watts : Hello my name is XXXXX XXXXX I will help you with this.
Alex Watts : As I understand it you have 2 valid ccj's which have not been set aside?
Alex Watts : does the defendant own property please?
Customer: Hi! Please forgive the obvious question. Is this your area of expertise please? I do not mean to be disrespectful at all, just on limited funds and absolutely need the right person for the job. Trust you understand my position thank you.
Alex Watts : Yes I deal with civil litigation all the time and am very familiar with civil procedure rules.
Customer: yes. He owns a property. I have the legal title number.
Customer: Thank you for the reassurance.
Alex Watts : And there are two ccj's which have not been set aside?
Alex Watts : and you understand how to apply for a charging order?
Customer: that is correct. They are in force and have not been set aside. It's the purgery claim threat and threats in general that concern me and my family too...can you advise in all the areas as my question asked ? Thank you for being here we are quite concerned and worried. New baby girl just three weeks old and mum got diagnosed with cancer again... Alas this is not your worry. I do so hope you can help in the detail we need. Thank you.
Customer: its always good to have the charging order process made clear here if that is not too much trouble, just so we don't miss anything....
Alex Watts : Ok, you need to get a copy of the land registry title.
Alex Watts : Once you have that you make an application on form n379
Alex Watts : http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n379-eng.pdf
Alex Watts : You send this together with a fee to court.
Alex Watts : if granted you send the charge to the land registry with form rx1
Alex Watts : There is then a hearing and a judge will decide whether to make the charge final.
Alex Watts : as for purgery etc, you are right, you would hear from the court if a claim had been issued.
Alex Watts : A judge would need to find fraud even before recommending the file be handed to the police.
Alex Watts : But it would have to be fraudulent from the outset and not just merely mistakeN
Alex Watts : As for harassment you could seek an injunction under the protection from hrasrsssment act.
Alex Watts : You would need to complete form n1 and n16a and ask the court for an order preventing them contacting you, save through a solciitor.
Alex Watts : However if this is fought it may cost around £8000 to go to court.
Alex Watts : Of course if there are any threats generally these should reported to the police as this would be a criminal offence anyway,
Alex Watts : Therefore you should proceed with the charge which makes the debt secure.
Alex Watts : Can I clarify anything for you about this today please?
Customer: Thank you for that. And the other points in my question? I look forward to your reply when you have the full details available. I wish you a lovely sunny evening.
Alex Watts : Which points specifically would you like me to address for you please, just so I do not miss them
Customer: Apologies if sent twice. Thank you for the above. I presume you will reply in more detail later on the other points I was more concerned about when you have the information at hand, namely the purgery threat from the Defendant and the threat/intimidation that is now happening. Yes? I wish you a lovely Sunday evening and thank you for your help so far.
Alex Watts :
Thank you. In terms of perjury then you would be aware of this - Court proceedings would have been issued and you would have been contacted, so ignore that
Alex Watts :
In terms of intimidation I am not sure if you can see my response above, re harassment and an injunction?
Alex Watts :
If you can't let me know or if you have further questions of me
Customer: Hi. Thank you for that. So, regarding the claim for purgery, as it was a genuine mistake on my behalf, based upon my not having the pdq receipts to the sale of the car, and that the Judge didn't need this answer or indeed any of the actual case details in itself to arrive at her ruling to dismiss the Defendants appeal.Can I take it that it is highly unlikely that this would be fraud and as such allow commencement of a criminal proceeding? I answered her question to the best of my knowledge without having any further information or documentation to support my answer. If it transpires that the pdq dealer receipts show I paid more than the deposit on a card, along with an amount of cash, then this would genuinely be a mistake. I'm not saying I didn't buy the car a £x from this dealer, just that, if it transpires my answer to the Judge proves to be different based on new evidence then I made a genuine mistake.
Customer: I can't see how I would have been acting fraudulently from the outset as I'm not sure what that actually means in laymans terms ? I answered to the best of my ability and recollection of events based on only having the dealer invoice which only states the deposit was paid by card with a total paid. No breakdown of cash or card.
Alex Watts : I agree I don't think it's fraud.
Alex Watts : But I don't think this material anyway.
Alex Watts : Therefore you should not let it concern you.
Alex Watts : Can I clarify anything else?
Customer: Alex. Thank you. Sincerely. I use this site rarely but always without fail get value for money and amazing service, advice and clarity. You have been brilliant. I wish you a great week ahead and best fortune in your life. Best regards, Andy.
Alex Watts : Thank you. Please remember to rate my service before you leave and good luck.