DCA actions

asr2 · 20th July 2008, 21:03

Hi Guys,

I was served with a Charge of Inhibition in April by TBI Financial and have now been served with a Charge for Payment with 14 days to pay for the same debt. Can they do this?

Cheers in anticipation

IdaInFife · 21st July 2008, 19:24

I take it you own your own home?

Did you apply for a time to pay?

Idax

asr2 · 21st July 2008, 20:40

Hi Ida,

yes I did apply for a ime to pay, but missed one payment. I do not own my home, rented, but did prior to my marriage break-up.

Your thoughts would be most welcome.

regarrds,

John

IdaInFife · 21st July 2008, 21:10

HI John,

Well they have screwed up as they can only apply a IO to a homeowner. It's like a charging oreder but instead of on the house it's on the person.

If it a private rented then the owner would need apply for it to be set asside but at the mo it doeanlt mean anything to you.

Are they going to gain going for a charge for payment i.e literrary going for bankcruptcy?

I think the above is correct as not really dealt with this personally.

I believe if you want to go BR then you have to do this within 60 days of the IO.

Is it for a large amount?

CAn you try and renogotiaite payments?

Idax

asr2 · 21st July 2008, 22:03

Hi Ida,

On the charge for payment order there are 3 alternatives 1) areestment of earnings 2) auction of items 3) sequestration.

the amount is circa £7400, but this is the one taht I am trying to get the decree recalled as I am 99.9% certain the debt should have been statute barred. I have also sent there solicitors an Subject Access Request to enable me to be certain as to the SB status. I am going to the court on Wednesday to get the necessary forms and send them Thursday by special delivery. Thge deadline for the Charge of Payment is 14 days from the 18th of this month.
Again your advice is most welcome.

regards,

Johnx

IdaInFife · 21st July 2008, 23:59

Yip your are doing the right thing.

Did you attend the inital hearing? or did they get the decree in your absence?

Ida x

asr2 · 22nd July 2008, 11:37

Hi Ida,

They issued a decree in my abscence.

regards,

Johnx

IdaInFife · 22nd July 2008, 21:51

I believe it tends to be better if it was granted in your absence from other cases.

Keep us updated as there isn't alot on the forums about IO's so will deff help others.

Ida x

CAG Products - We think that these will help you to make your claim or Reclaim your Right These sales also help us to keep helping YOU and keeps this site free of third party adverts!

Small Claims Kit	Small Claims Court Guide New Edition	CallBurner - Skype CallRecorder Review	Last Will & Testament Kit	Fight a Motoring Ticket

Alternatively you could purchase a CAG email address here, or maybe you'd prefer our address labels here
UPDATE: Consumer Forums ConsumerWiki is now LIVE - click here: ConsumerWiki N.B. Please note - due to postage costs these products are only available in the U.K.