Should i Sign a Consent Order from LCS Solictors/1ST Credit

[specspeed]

This is my 1st post so please excuse me if im not as clear as would normally be expected.

I have joined the site and have taken note of other peoples battle against 1st Credit and LCS solicitors.I have sent off a CCA request and asked for prove of deed of assingment.

I have now received a letter back from LCS solictors and i need advice regarding signing a consent order that has to be sent back to LCS solicitors.

The problem is i have read that i should never sign anything when dealing with debt collecting agencies and in my previous letter to them i used a digital signature.

AS this is my 1st post i will do my best to explain my situation in dealing with 1st Credit/LCS Solictors and hopefully someone can give me advice on how i continue my battle to finalise my case.

1ST credit are hassling me for an alledged debt from 1998 for a credit card.I do not aknowledge this debt with 1st credit however they have kept updating my credit file with experian and have a default of 2003 updated to 2004 .

They have now managed to get a charging order against my house however after sending CCA request and asking for copy of deed of assingment LCS solictors have sent me a letter with the below:







LCS SOLICTORS

Dear Mr ******

OUR CLIENT:1St Credit (Finance) Ltd
Claim Number:********

We refer to your letter dated ** ***** ****

We Requested the documents from the original creditor but regrettably the Royal Bank Of Scotland is unable to produce copies of the documents.

In view of these circumstances our client will be prepared to:

• Set aside the judgement
• Discharge the charging order
• Remove entry from the Land Registry

We have enclosed a consent order in respect of the above actions, please sign and return same without delay.


Yours Faithfully

LCS
LCS SOLICITORS


......................... .....






Please note :

The letter is not signed by any individual working for LCS solictors but just signed LCS


Consent order enclosed with letter they sent is as follows:



IN THE GUILDFORD COUNTY COURT CLAIM NO ****

BETWEEN
1ST CREDIT (FINANCE) LTD

AND

MR ***** ******

________________________

ORDER
________________________

The parties having agreed to the terms set out in the schedule.

IT IS BY CONSENT ORDERED that:

1. The judgement on ***** 2008 by the Northampton County Court Bulk Centre be set aside.
   
   
   
   
   
2. The final Charging Order On ****** 2008 by the Guildford County Court be discharged.
   
   
3. All Further proceedings in this claim be stayed
   
   
   Dated****

......................... ............

LCS SOLICTORS MR

THE OMNIBUS BUILDING

LESBOURNE ROAD

REIGATE SURREY
RH2 7JP

The document is not signed by LCS but im expected to return the document with my signature.

As i have had a charging order against my house i would like it removed and also my credit restored.

My questions are:

1. Is it safe to sign and return to LCS solictors or is this some type of tactics to get my signature.
   
   
2. I have not had any debt for over 10 years so how can i have a charging order against me.
   
3. Is a consent order the only way to get the charging order removed.
   
4. Any advice would be appreciated.

Regards

Specspeed

[PGH7447]

Bump

[slick132]

Hi Specspeed and welcome to CAG.

Your post is being considered by the Site Team and hopefully you will be advised fully in due course.

My personal opinion is that this looks good for you and I see nothing untoward in the proposed action. Please wait, however, for this to be confirmed.

[specspeed]

Ok many thanks.

Any advice would be appreciated on signing the consent form.

Im just a bit worried because it all seems too easy , i was expecting more of a fight from LCS solictors.

[slick132]

Hi SS,

1) When did LCS get the CCJ against you.

2) Did you defend the claim at the time.

3) When did they get the Charging Order re the CCJ.

4) Did you defend/object to this at the time.

5) If you weren't aware of, or didn't defend, LCS's actions against you, why was this. Eg you didn't know what to do, they had the wrong address, etc.

6) Do you know what account the alleged debt relates to and, if it's an old debt, when did you last pay anything towards it.

[specspeed]

Thanks for your reply .i will answer as best as i can.

1) LCS got the CCj against me in March 2008.

2) I tried to defend but the 1st i heard was when i received a application for a unilateral notice in june 2008 from land registry.

I sent a letter to the court asking for a hearing nearer my area and also requested that i needed more time to defend myself as i had no information to defend myself.

I also sent a cca request and asked for a deed of assingment from LCS solictors.
I also filled in B193A to object to the application dated beginning july 2008 but it was objected by LCS

3) Charging order was given july 2008

4) I still had had no reply from the court to my letter and request as in 2)or had any documents from LCS to defend myself.

5) I couldnt defend as i was unsure what to do and hadnt had any response to my letter to the court.

The charging order was given without me being able to defend it however as explained in my post i received a letter from LCS shortly after the charging order had been made stating that they could not provide me the documents requested ( cca agreement - deed of assignment).

They included a consent order with the letter they sent me as described in beginning of post.Im just unsure if it is safe to sign the consent order or
if it some tactic just to get my signature .

6) I do not aknowledge the debt but apparently it relates to a debt from 1998,a credit card RBS.I was with another partner then and i did have a few problems as she commited fraud signing my name on some loans but these were resolved with court and hand writing experts.We seperated in 1998 shortly after.

We did have a joint card but i dont remember if it was part of the fraud she did or if we did have a card togeher.i dont remember owing anything when we seperated or if it was a RBS card.

I have not paid anything to this debt as far as i remember and if i did it would have been before 1998 - over 10 years ago.


I hope this helps , i believe that LCS know they have no chance of getting the money as the debt is over 6 years old and also they cannot provide me with any documents anyway.

It is just that i dont want to leave myself open by signing anything to them with out being sure it is safe to do so just in case i then give them a case against me.

I just want to get all records against my house and myself removed so my credit is not affected in the future.

Kind regards

Specspeed

[slick132]

Hi Specspeed,

Thanks for all the info you've provided.

Am I right in assuming you received all letters etc, but you just didn't know how to deal with it all at the time.

From all that you say, LCS know they are on to a hiding here because the debt was clearly Statute Barred and they have no Credit Agreement. So I still think you will be OK to sign (or write your name on) the document LCS have sent.

However, I'd like to check this with the Team first so we'll get back to you.

[specspeed]

Many thanks for the reply ,

I didnt receive all letters fron LCS , was surprised when i 1st heard with a unilateral notice sent by land registry.It was a combination of lack of information from LCS /1st Credit and also not knowing how to deal with the problem once i realised what the courts had done with CCJ and charging order

The court have been as bad as i havnt had any replys to my letters , have phoned them and they say they have received it but are short of staff.

This site has given me the knowledge that i have used so far to get sent the consent order from LCS to remove the ccj and charging order and get all further proceedings stayed.

It is just like i said i dont want to sign something that could mean nothing if LCS do not follow through with their comments on the letter they sent me with the consent order.


PLEASE NOTE:If i do not reply for the next week its because im unable to get to my computer as we are decorating and my computer will be disconnected but i will reply on another computer or as soon as possible so please continue to add your advice and i wll catch up when i log in next.

[specspeed]

Im back online so any replys would be grateful.

Thanks

specspeed

[slick132]

Hi Spec,

I'll come back on this, hopefully on Sunday.

[slick132]

Hi Spec,

You should write back to the LCS sol'rs enclosing the consent order drafted by them as requested. DON'T use your normal signature, just write your name where required.

Make copies of their letter, the signed consent order and your reply. Keep a set of copies for your file.

Send a set to Guilford County Court with a letter saying you wish to make the court aware of the current negotiations and they should expect to hear from LCS shortly.

You should then wait to hear further from LCS and the court.

[Nightmare4banks]

specspeed,

In reply to your posts and in my view:

1.The consent order is fine.

2.I signed one order almost liike yours but slightly different earlier this year.

3.In reply to you stating that it seems too easy.This is because that if the creditor does not have the agreement,the lawyers have no legal arguments to present to the court.

No agreement = No CCJ = No Charging Order.This is because the agreement is deemed unenforceable - end of story.

4.Therefore,I would suggest that you sign it after the more legally minded folks here have a read and post their views/suggestions.

5.Personally,I cannot see anything in the wording that disadvantages you/puts the creditor in a better position.

6.Keep a copy of the order in a safe place.You should receive a copy of the order later on from the court with the court seal.From experience,this takes a couple of weeks.

Anyway,I hope you find this information useful.

If you any more questions,just ask.

Keep us posted.

All the best!

[specspeed]

Ok thats very helpful and i appreciate your time helping me , ill let you know the outcome as soon as i get a response.

Many Thanks

specpeed