Hello please could someone advise me....After a long and stressful period 3 years ago which lead to me having a nervous breakdown Tesco Finanace managed to secure the outstanding balance of a loan against my house - I went to court and they now have a charging order on the property for when I sell. I have kept up the payments religiously as ordered through the court - This is paid through Incasso LLP.

Last week I was contatcted by DWF to say my account has been transferred to them and I was to pay them direct, they also want to contact me to discuss future re payments etc... what should I do?

I cannot face the horrid calls and aggression I was put through before so should I just take their word for it and change the payments to them? Please advise anyone.

Thank you Clare

Hi Clare,

Write to Incasso and ask them to confirm that they are no longer handling your account. Also ask them to confirm the payments you have made, and the balance outstanding.

Write to DWF and say that you are waiting to hear from Incasso and when they have confirmed that DWF are in fact handling the account you will start to make your regular payments to them.

Tell them you have made your payments on time as ordered by the Court, will continue to do so, and there is nothing you need to discuss with them.

DD

.

Thank you I will do this now, I am so worried they will increase the amount and drag it back through the courts.

I just could not go through that experience again, I know some people can but the stress was too much for me.

Do you think it is possible they will do this, as to increase the payments I would need to go to court again I assume.

To be honest I would rather sell my house I am at an advanced age and terrified of it all starting up again.

I will write to Incasso now. thank you for you time it is very much appreciated

Clare

Hi Clare

First of all as DD as stated you need to establish that the assigned debt is all correct and above board and that the Court /Trust are are aware the Judgment claimant assignee is legit.

Next a Judgment Claimant can make application to redetermine the payment amounts...(Its quite rare so dont alarm yourself) but unless your personal finances have changes significantly then there would be very little point and your payment arrangements will remain in place.

Any attempt made direct by the Claimant without the courts knowledge should be responded to by stating in writing ...no change..... payment stays as is....

The Charging Order simply stays in place as security on the debt...therfore there would be no need to increase payments arrangements anyway.

Stop worrying.

Regards

Andy

Hi Clare,

As Andy says, stop worrying.

The Court laid down what you could reasonably afford, and although a DCA might want to collect more they are not entitled to it unless they go back to Court, and this is very, very unlikely. It would cost them money to do so and they are unlikely to get anywhere. They would know that.

Please, though, do not speak to them on the phone. Ever. They get bonuses for bullying people and increasing payments. State in your letter that you will not speak to them on the telephone and that all communication must be in writing.

DD x

urm..

the original thread makes interesting reading andy.

http://www.consumeractiongroup.co.uk/forum/showthread.php?225477-Charge-order-against-my-home

dx

Thanks DX

Pity it was not advised correctly in the first instance this could have been defended.

Regards

Andy

yes.

sad.

i'm wonering if an SAR might be in order here

i sniff a charges reclaim.

dx

Yes most possible as a separate claim...too late to do anything about the judgment now though.

Regards

Andy

Moved to the Debt subforums:- General Debt Issues