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henrythepug

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  1. Need help with this one. Credit Card debt secured by charging order some years ago. The debt has sup[posedly been sold on 3 times , yet no-one has produced evidence of this and it has been the same Solicitors handling collection/admin. I now want to settle this but they have almost doubled the debt with interest.They have quoted Ezekiel v Orakpo,Millet LJ stating section 3(4) of the charging orders act provides the charge takes effect as an equitable charge created by the judgement debtor by writing under his hand.It must therefore be given the same effect unless the Act provides otherwise as would an equitable charge on the land in qustion to secure a stated principle sum but with no mention of interest. Such a charge would carry interest even though there were no words allowing interest in the charge itself. Does this mean I have no rights whatsoever ?
  2. Hi there , I received copies of the full works , the deeds etc . Too many pages to post up here. They confirm the sale of deliquent debts etc , but at the moment they have been unable to provide a copy of my agreement so that I can verify they have the right of assignment.
  3. Thanks My thinking is if I can challenge the assignment , due to the lack of credit agreement, then maybe I have a stronger case to challenge the original judgement HTP
  4. Do you think I have a realsitic chance of getting the order set aside , when the original judgement was in Sept 06 ?
  5. I appreciate you taking the time to help me, do you think it's worth pursuing ?
  6. I do not wish to appear thick but can you just explain to me the following I am applying for the exparte order to be set aside , the one where Phoenix are making themselves the Claimant, and at the same time I am asking for the original judgement to be reconsidered. Is that right ?
  7. I managed to uplead them to photobucket , but I couldn't work out how to transfer them Please point me in the right direction Apologies
  8. I am in a similar predicament , I was told by the Judge in no uncertain terms that I had made a rediculous offer , and it would take so long for my creditor to get paid ,that he could see no reasonable grounds for refusing a charging order. I am getting stronger though and slightly more knowledgeable. If I find a lawyer , I'll let you know...good luck
  9. do I have to attach anyting with it , other than to make that statement for the time being ?
  10. Northampton Court without hearing Sept 06 Judgement be entered payable forthwith The claimant may apply for a charging order Apart from the charging order all other execution is stayed so long as the defendant pays £25 per month I filled in the admission , showing that this was the sum I could afford
  11. ON THE EX PARTE ORDER RECEIVED FROM THE COURT , IT STATES PHOENIX RECOVERIES(UK)LTD S.A.R.L -POTOMAC RECOVERIES BE SUBSTITUTED AS A CLAIMANT IN PLACE OF HFC BANK LTD (IE RESTONS OBTAINED A CHARGING ORDER IN 06 RE THE SALE AGREEMENT , I WILL TRY TO POST IT UP , BUT THERE ARE MANY PAGES. FIRST PART A LEGAL SALE AGREEMENT BETWEEN PHOENIX RECOVERIES (uk)LTD S.A.R.L AND ITS COMPARTMENT MARLIN AND HSBC BANK,HFC BANK AND JOHN LEWIS FINANCIAL SECOND PART FORM OF OFFER IT MAKES MENTION OF ATTACHED SCHEDULE OF DEBTS, BUT OBVIOUSLY THEY DID NOT ATTACH ANY SPECIFIC INFO SECOND PART
  12. I did that in Sept 08. I then received an acknowledgement from Marlins saying that they had requested a copy of the Credit Agreement , and it would be sent in due course.They also mentioned that a recent High Court Judgement upheld that once an agreement had been terminated , the obligation to provide a copy agreement in accordance with the CCA 1974 ceaased to apply , and in particular the debt renains enforceable against me. They also included a sale agreement , which was not specific. I wrote back asking for specific evidence that that had purchased my debt. Nothing has been received since October I also wrote to Restons, asking for written confirmation that the debt had been reassigned and again asking for a breakdown of their charges , but received no response I have had no contact with anyone until I received the Court order in the post
  13. I wrote to Restons many times demanding an explanation of their costs , and I have never ever received a reply. They just processed the county court judgement as quickly as they could , and at the time I was very green and uninformed. They even put on the Judgement form that the debt was to be collected forthwith as my monthly payment offer had been declined by them. I only noticed this after the event. The judge granted the charging order to them on behalf of HSBC. To have this set aside, presumably I have to complete form 244 as this is now between Phoenix and me. Should I have been notified that this order had been applied for ?
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