Kings Hill - Final charging order

[Sailor21]

Can anyone give me some advice? I have recently received from Hodsons solicitors notice of a hearing reguarding a Final Charging Order on our house. It relates to my wifes barclaycard debt which I knew nothing about prior to this.

What I need to know is :- Can I fight this and if so how?:? :confused:

[Seahorse]

Yes you can. I assume your wife knew, but didn't tell you?

 

Whatever, you NEED to be able to defend this. The first thing you need to find out is, do Cabot (I assume this is who has set the solicitors on you. Hodsons, is it?) have a copy of your wife's credit agreement? You need to find out.

 

Write to Cabot using the CCA request template, enclose £1 (which they will return for reasons which will become plain to you later on) demanding a copy of the original agreement, remembering to say that you (your wife) do NOT acknowledge any debt. Copy the letter to the solicitor.

 

IF it comes to getting a claim form in the post, PLEASE give us the details. In all likelyhood the debt will be unenforcable, and quite possibly will be made up of unfair penalties, which you can chase Barclaycard for. More about that later, but it is IMPERATIVE that you put this into dispute RIGHT NOW. BEFORE they get a chance to get that charging order. They will very quickly run out of time to produce an agreement, and this document (or lack of) plus the fact they won't have any statements will for the basis of your defence, and will get you time to find out how much, if anythng, is owing to these clowns.

 

Please give us as much info as possible. eg, has your wife had a CCJ or any other legal action taken beforehand, or is this the first threat. More info means more help.

 

Now sit back, have a cuppa, and relax in the knowledge that YOU are in control. Not Cabot or their pets puppies.

[Sailor21]

Yes you are correct in that my wife overlooked? to inform me.

A court order was given in March 2007 by the Rugby (Presumably court) ordering the defendant (my wife) to pay £3565. She then contacted Kings Hill by phone and as a result is paying £30 pm by DD to Cabot. This arrangement has only just started but Cabot under the name Kings Hill (No1) are now seeking a Final Charging order. Court date for this is Friday 13th!!!!!

I cannot find the link to letter templates. Where should I be looking?

[itsamomentintime]

try this, dont forget to add the account/reference number and a chq for £1:

 

Dear Sir/Madam

 

ACCOUNT NUMBER:

 

With reference to the above account, we would be grateful if you would send us a true, signed, executed copy of the original agreement, together with deed of transfer and proof of your entitlement to collect this debt. Also a complete list of transaction/charges on this account since transferred to yourselves.

 

We understand that under the Consumer Credit Act 1974 (Sections 77-79), we are entitled to receive a copy of our credit agreement on request. We enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

 

We understand a copy of our credit agreement should be supplied within 12 working days.

 

We understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

I do not acknowledge any debt owed to your company.

 

We look forward to hearing from you.

 

Yours faithfully

[Sailor21]

Thanks for that itsamomentintime

[pmhcfc]

This arrangement has only just started but Cabot under the name Kings Hill (No1) are now seeking a Final Charging order. Court date for this is Friday 13th!!!!!

?

 

Er ,, but Kingshill No.1 don't exist as a company any more , they are dormant .

[Sailor21]

pmhcfc - All paperwork relating to this that I have is from Hodsons and refers only to Kings Hill (No1). I thought they were one and the same!

[employee2007]

I think Cabot must have gained an interim charging order to have filed for a final one. I think you need to get the initial CCJ set aside if you are to fight it. I suggest you the County court about this.

[Sailor21]

Yes you are correct! An interim order was obtained and I have only been notifyed as I "have an interest" in the property. This is a nightmare to sort out as I am not the debtor and find it difficult to obtain full information as my wife has been acting like the proverbial ostrich!

The hearing is on Friday and there is little I can do to stop it going through. Once they have the final charging order what can I do to stop them getting an order to sell the house? :evil:

[Seahorse]

You MUST get your wife to obtain the info required to defend this. And You MUST contact the court to find out the procedure to have the CCJ set aside. Time is rapidly passing by, and yo need to have started to dispute this RIGHT NOW. You can't put up any sort of defence if you and Mrs Sailor can't agree to fight this.

 

I think you really do need to consult a solicitor now that it has got this far. Explain to him exactly what has happened, and why you have only just found out. If you tell him that you personally don't have any idea if Cabot really ARE owed the amount they are claiming, he will have a better idea of how to at least postpone things.

 

Where abouts are you in the country? I'm hoping you are close enough to one of us to be able to maybe help out somehow.

[employee2007]

I think if you can make an offer of payment that might help. You can apply for a set aside to be heard sat the same time as the final charging order, but you will only get this approved by the DJ if you could show that you had a reasonable prospect of defending the origonal interim charging orer - perhaps evidence of unlawful charges within the claimed amount?

 

Also, I presume your wife did not keep up the payments after the interim charging order? If she did keep up an agreed payment schedule then i dont think a final charging order would be awarded.

 

Good luck. Make sure you turn up and attempt to defend yourself. I presume you have already submitted a defence to their claim?????? If not you need to do it and fax it to hodsons and the court ASAP urgent. Offer a payment plan that you now think you can afford IF AND ONLY IF you cannot apply for a set aside order

[Sailor21]

I have just returned trom court and the judge, faced with the final charge application from Kings Hill on one hand and the Cabot payment agreement on the other said that it looks like a left hand and right hand situation and ordered an adjornment so that we / hodsons can proove / disproove that the two debts are the same. Their solicitor left in a hell of a hurry before the judge had properly finished!!!!!

 

I welcome any sggestions and would add that I am prepared to pay the £2800 of the original debt but dont see that we should pay the almost £1000 costs.

[lufc]

try this, dont forget to add the account/reference number and a chq for £1:

 

Dear Sir/Madam

 

ACCOUNT NUMBER:

 

With reference to the above account, we would be grateful if you would send us a true, signed, executed copy of the original agreement, together with deed of transfer and proof of your entitlement to collect this debt. Also a complete list of transaction/charges on this account since transferred to yourselves.

 

We understand that under the Consumer Credit Act 1974 (Sections 77-79), we are entitled to receive a copy of our credit agreement on request. We enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

 

We understand a copy of our credit agreement should be supplied within 12 working days.

 

We understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

I do not acknowledge any debt owed to your company.

 

We look forward to hearing from you.

 

Yours faithfully

my stupid dmp are paying cabot

[lufc]

thanks very much itsamomentintime .........but my DMP is already paying cabot any more advice or will that letter be ok or do you want to add to it

[Seahorse]

Dmp?

[Seahorse]

Sailor, at least you have some breathing space now to try to sort this out.

 

Irrespecive of whether or not you want to pay the £2800, are you entirely sure that even THAT is the correct amount?

 

OK, the advice above stands. CCA Cabot f you haven't already done so. I'd also SAR them too, to see what juicy bits of naughtiness they might have been up to. It should all be documanted in there. Although, it is quite possible you WON'T get any copies of actual letters. For some reason, Cabot seem to think they don't NEED to keep copies of letters they send, as apparently templates of the KIND of letter they send out will do. Hmm. I wonder if your judge would agree.

 

Now you need to SAR Barclaycard too. I think this is going to be the basis of your defence. You will very likely find that your wife's defaulted balance is incorrect on the basis of unfair penalties and charges. How much remains to be seen, but it is highly likely that BC sold the debt on with an incorrect final figure.

 

Even doing that will show the judge that you are taking reasonable steps to ensure the validity of the amount that Cabot are chasing. Wait to see what come back from that, and take it from there. I think you deserve to sit back and relax, both you AND your missus.

[lufc]

Dmp?

debt mangment program

[lufc]

Dmp?

debt managerment plan

[Sailor21]

Thanks for that Seahorse.

 

The CCA to Cabot has been sent and now I will start on the others.

[Seahorse]

[lufc]

Lol Seahorse You Dont Pull Over Folk To Bits

[Jeff2000]

Thanks for that Seahorse.

 

The CCA to Cabot has been sent and now I will start on the others.

 

 

Hi,

 

 

Good luck sailor! I am watching with interest!

 

 

Regards, Jeff.

[Sailor21]

Thanks for that Jeff

 

Can anyone tell me who is responsable for sending out the notification of the hearing of the ORIGINAL court hearing (March)? And the result of this hearing (CCJ) as my wife says she knew nothing about this until the Final charge notice came through.

 

Also the Land registry bumpf came from Hodsons, should I not get a notification from the Land registry themselves?

[Jeff2000]

Hi,

 

 

The original papers should have come from the court.

 

Is it possible that these were sent to a different address?

 

If you did not receive the papers and were therefore unable to defend, then you might be able to get the CCJ set aside!

 

 

Jeff.

[Sailor21]

Well here is an update! The hearing is to be re-convened later in August, just 1 day before the 12 + 28!!!

 

Also it seems that I mis-interpreted the judges reason for the adjournment. This now appears to be that she was not sure if a case in 1987 between Mercantile Credit and Ellis which established "that a Charging order should only be made if the payments on a judgement are in arrears or you were ordered to pay the judgement in one lump sum" apllied to my wifes case. My wife is making payments irrespective of the original court order.

 

Looking forward to the results of the cca and S.A.R - (Subject Access Request). Should be intersting