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 ?

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.

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

Do you think I have a realsitic chance of getting the order set aside , when the original judgement was in Sept 06 ?

I appreciate you taking the time to help me, do you think it's worth pursuing ?

sale agreement

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 ?

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

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

do I have to attach anyting with it , other than to make that statement for the time being ?

sale agreements attached

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

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

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

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 ?

Thank you I appreciate that

It was for a credit card. Restons took me to court , and obtained a charging order against me, on behalf of HSBC I continued to pay monthly , then in May of last year , I was contacted by Marlins who said they had bought the debt, and that I should now pay them. I requested sight of my credit agreement , and a copy of the deed of assignment to prove that they had the right. If you look at my last posting you will see what happened. In the meantime I have continued to pay Restons / HSBC

I checked companies house yesterday , and the following company has been inc on the 24/11/08 Phoenix recoveries (UK) Limited Co Reg No 06756754 Registered Office 26 Wilmot Street London E2 OBS No other info at the moment The other Phoenix , exact same name, as you say is registered in Luxembourg Re the Notice of Assignment . I received two letters , with two different dates of assignment, nothing from HSBC or restons. I requested sight of my Credit agreement from Marlins , and they sent a letter back saying that once an agreement had been terminated they had no obligation to provide one in accordance with the Cons Credit Act 1974, referring to a recent High Court Judgement They sent an Account Sale agreement betwteen HSBC and Phoenix . The second part was an agreement between Phoenix acting on behalf of it's compartment Marlin selling the debt to Phoenix and its compartment Potomac As far as I can see I have not received sufficient proof to identify my debt. The court order says Phoenix Recoveries UK :imited s.a.r.l-Potomac Recoveries so I still do not know who I am dealing with . Any thoughts ?

We are obviously in the same position . I'm doing some research today but I will private message you in the next day or so

Thanks , hopefully someone may be in a similar position

Hi there I need some urgent help. About 2 years ago , I fell foul of restons who were collecting a debt for HSBC. At the time I did not know much about my legal rights , and I acknowledged the debt , making an offer of a modest monthly repayment. They totally ignored my offer, and the next thing I knew they had applied for a charging order against my property , which was granted. Incidentally they had added some £2000 to the debt for legal charges, and the debt also included penalty charges , at the time I was not aware that I could have challenged them. I have been paying the correct amount each month , only to receive a letter from Marlin to say they had purchased the debt. I asked for proof , and they sent me a notice of assignment , which only showed that they had purchased various blocks of debts from HSBC, but no details.The company was Phoenix. I wrote to them and suggested that I needed more proof . I didn't receive any acknowledgement , but today I received an order from my local court stating that an application has been granted to Phoenix recoveries sarl Potomac recoveries be substituted in place of HSBC The court made the order on its own intiative pursuant to Rule 3.3 of the Civil Procedure Rules 1998. It also states that any party affected has the right to set it aside , vary or stay within 7 days. This is the first that I have had any communication regarding this .I had no knowledge that this had been applied for Please help

Oh dear, I seem to be in exactly the same position. We ceased trading (Ltd) approx one year ago , and nothing has happened until last week. We have now received a formal demand , and a call on our personal guarantees. I do feel Lloyds have been negligent , because its mainly due to their excessive charging and short term overdraft facility arrangments , which have bumped up the debt. I 'm not sure where to start ...........any advice