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    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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RBS/Shoos Charging order - cant re mortgage


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Hi

 

I am looking for some help...

 

I own a property with my daughter. We have a 75% mortgage and a 25% loan from Redrow that is due to be paid next year (10 years interest free)

 

I am not working, on ESA with no prospect of a return to work.

 

I have a final charging order on my share of the property.

 

We have been trying to negotiate with the solicitors who have the charging order to pay this at a reduced rate as there is no equity in the property, actually 15K less than we paid. My daughter wants to pay it and move the mortgage to her name and pay the redrow loan. She now earns enough to do this.

 

Solicitors won't accept a lower amount which means my daughter can't remortgage.

 

Our relationship has broken down and it's vital I move, I also need an adapted property.

 

Is there any way to take it back to court and ask for this to be lifted and made unsecure or get the judge to order a lower settlement. They have £3k in fees added from the original £8.5k to £11.8k

 

Anyone know if there is anyone I can talk to about this?

 

thanks for your help

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who has the charging order over you?

and why didn't you defend the original CCJ?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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RBS got CCJ whilst I was living out of the country, Shoosmiths did the charging order.

 

We have letters from court / land registry saying its a charging order.

 

When we had a buyer 2 .5 years ago, we went to the solicitors as I thought we could sell and it would go back to unsecured, but was advised had to be paid as it was on the land registry.

 

We lost the buyer and since then have been trying to resolve this with Shoosmiths so my daughter can keep the house.

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then that solicitor needs shooting.

this is a restriction k

it does not prevent a sale!

 

as for re-mortgaging yes it will prevent that.

 

go get the exact text of it from land registry bet it say RBS not shoos

 

post it here word for word minus pers details

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I want someone to pop in and check me on this all as being correct

 

your situation is that:

 

you and your daughter currently have a joint mortgage

RBS got a CCJ on a debt solely yours and got a charging order

in that case it can only be a restriction k. [which is one of the many types of charging order]

 

your daughter wants to re-mortgage alone

 

you wanted to sell and some solicitor a few years back didn't know the law properly and said you couldn't sell without clearing the restriction K which is incorrect.

 

in normal circs you cant re-mortgage without paying off the restriction k

however i'm wondering in this case if that's true and she alone CAN re-mortgage without having to pay it??

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi

 

I found the land registry letter from my appeal to stop the charging order. I can't find the other documents but the letter says

 

The position in this matter is that the applicant has lodged an application to enter a Restriction in Form K in the proprietorship register of the above title, in respect of a charging order dates 13 July 2013. The CO was granted in Bury CC and is expressed to charge the share and interest of ( Me) in the above property as security for payment of the judgement debt due to the applicant. It is not expressed to charge the share and interest of the other joint registered proprietor in the property.

 

 

So, does this mean it's a section K and can be sold without them knowing?

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Restriction k yes good

Now I need andyorch to pop in and read my query in post 7

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Of course she can remortgage...if she has the income to support the application and there is enough equity to borrow to clear the existing mortgage and loan and restriction (if necessary).

 

It may be easier to use the existing mortgage company rather than a new one.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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She has the income to support the application, but there is not enough equity to clear the CO - only the 25% loan to the builders and the mortgage - the house is worth £15K less than we paid for it.

 

This is where it gets a mess...

 

can she just remortgage, pay the loan and mortgage and then the CO goes back to unsecured and I will pay £1 a month?

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Just go for the mortgage and loan and see if the application is approved.

 

With regards to the CO...this you state was originally £8.5k and now £11.8k...what fees have they added......?

 

What date was the judgment? what date was the CO applied?

 

They can only add debt interest at 8% per annum.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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Mortgage have given a DIP, waiting on builder to agree to less ( we bought at £200K, now worth £185K, original loan was £50K but you repay 25% of sold price, therefor we should only need to pay them £46K which is affordable. But then nothing left for CO. Daughter would take a hit on fees etc to keep the house

 

My fear was we would have to clear loan and CO when not enough money

 

Date of CCJ was April 2011 and CO was made final in Jan 2014, they got interim in July 2013. we tried to appeal on the grounds that there was no equity in the house

 

the fees are court fees, letters etc from the original CCJ to CO _ I think they are out outrageous, but think I am stuck with them?

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So what fees have they added ?

 

A CO cant add fees to the judgment....and not £3.2K in 4 years.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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Okay so the judgment was £11.8K......

 

You made it sound like fees were being added since judgment " They have £3k in fees added from the original £8.5k to £11.8k "

 

So again .... go for the mortgage and loan and see if the application is approved....forget the K restriction for now...if it requires settlement your mortgage will advise before granting the application.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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One final thought re the Solicitors......if there not prepared to accept a F&FS... you could submit an N245 through the court with your income and offer them £5 per month...at least you will have it on a legal footing rather than paying nothing...and it will teach them for not considering your offer...your choice.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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thanks andy...:madgrin:

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 3 months later...

how'd is go?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Still stuck here, CO has to be paid, house now up for sale and we should just about have enough to pay it off. Halifax wouldn't do anything till paid off and because there could be enough equity it has to be paid.

 

Shoos won't take a lower amount to settle now so we wait :-(

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what part of its a restriction k are they not understanding???

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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