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Hi all,
I need some help re my problem.
I am now at the stage where Morgan Solicitors are threatening that if I do not contact them with an offer of payment on the Charging Order on my property, they will apply for an order of sale.
A bit of history......
I have never responded to any letters or proceedings (my fault, nasty divorce and burying head in sand).
Can I start the original process of CCA, then SAR, then CPR? If so, could it work at this stage should no-one have the requested documents?
From what I’ve read so far in other forums also is that the CCA request can be applied for at any time. I would suggest that you send the request to the solicitors too as they are now acting on the lenders behalf.... if they fail to produce the paperwork then they'll have trouble putting you through the courts for your home.
I may be wrong.... but you won't do any damage asking anyway.
I think they are tryig scare tatics - especially if they are saying that they want you to make an offfer of payment - if they had a CCJ then the payments would be set.
They can only obtain a Charging Order if they have a county court Judgement against you.
Send off the CCA request asap and also a SAR might be useful to the company that the debt was originally with - they might be some charges etc you can claim back if the CCA is compliant and its useful to haev all the info you can if they do decide to start going down the court route
Sorry guys - CCJ already got last year. Forthwith.
Charging Order already got.
Now trying to sort it all out.
So is a CCA stil viable? And could it cause damage to them even now if they cannot provide a copy of the agreement?
Thanks all.
I think in theory it's possible. I read a post on here involving HFC/Restons/Marlin where the CCJ was set aside because the agreement was non-existant, with charging order discharged.
Definitely worth getting the Agreement, and then go from there.
For your information if they do decide to go for an Order for Sale seperate Part 8 proceedings would have to be issued and if your property is owned in joint names that the Trusts of Land and Appointment of Trustees Act would apply (I'm going from memory but I think that's what it's called!).
Courts are very reluctant to grant Orders for Sale.
Re Charging Order
and burying head in sand).
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