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  1. Andy I don't understand your reply. My question was do WH have a right to veto the lease renewal between me as freeholder and my leaseholder? The first two charge holders on my property (first and second mortgages) have both said the LR does not concern them. I throw the question open to other CAGers Thanks Mihail
  2. Update on the Charging Order. The Land Registry has the original DCA as the name the charge is registered in , not Crackpot who subsequently bought the debt. I have this week wrote to Cackpot via their solicitors and said I would make an ex gratia payment in full and final settlement on condition the CO was removed. They wrote back saying my offer was too low and they would get their money anyway when my property was sold. Now here's the question: I am in the process of renewing my leaseholder's lease (I have the freehold) and I am wondering whether in this lease renewal process, Crackhouse need to be consulted. Does the holder of a CO have a veto in this lease renewal process? I have checked with the first and second charge holder and they both said the lease renewal process does not concern them, only the sale of the property, so the process can go on without their consent. All advice gratefully accepted CAGGERS Thanks in advance.
  3. Hello Caggers I have recently had some correspondence with 1st Credit over an old debt defaulted during a cancer illness (now cured and debt disputed) which I believed to be statute barred. Two questions I have for you. From the first 1st Credit email: "I have read the contents of your attached letter and can advise that our records show the account was opened in July 2000 and that payments were received from the 7th July 2005 to the 10th August 2007. The payment of £1.00 received on the 25th July 2008 will be reversed as it represents an administration fee for a copy of the agreement. Please find attached statement of account. I therefore do not consider the account to be statute barred and look forward to hearing from you with your comments." Question 1: Is the debt statute barred? From the second 1st Credit email: "Further to the above and your e-mail of the 12th June 2013, as the Deed of Assignment between the Halifax Bank of Scotland and ourselves is a confidential document we are not obliged to provide you with a copy. A Notice of Assignment as required by Section 136 of the Law of Property Act 1925 was posted to you on the November 2004 (copy attached). Connaught Collections is a trading style of 1st Credit Ltd and therefore no ‘Agreement of Assignment’ is required. With regards to your previous request in accordance with section 78 (1) of the Consumer Credit Act 1974 , we have reverted to the original creditor for further copies of the original agreement and terms and conditions and the terms and conditions at the time of default. In the meantime the matter has been placed on hold. Please find below statement of account in accordance with section 78(1) of the Consumer Credit Act 1974: (a) the state of the account….current outstanding balance of £xxxx. (b) the amount, if any, currently payable under the agreement by the debtor to the creditor.... £xxxx. © the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor….£xxxx. I note my colleague, Ms Rochester issued our final response on the June 2013 to your complaint that the account was statute barred. For ease of reference, please find attached copy letter." Question 2 Are they right in saying the Deed of Assignment is confidential and therefore cannot be disclosed to me? Sorry this is so long but I am seeking clarification from Caggers about their (1st Credit/Connaught's) correspondence Thanks in advance
  4. Does poor health count as a defence? I can prove that...
  5. Hi Andy I applied to get the judgement set aside in 2009, on grounds of poor health, but the judge rejected the action, saying I had allowed too much time to lapse I don't know how I prove non-receipt-I know how we CAGers prove receipt, send a letter recorded or Special delivery. But non delivery...any suggestions? The basis of my defence would be that I was unwell at the time, recovering from cancer surgery.
  6. Thanks Andy, I have checked with Land Registry today and the charge is indeed in place Would I have as a defence that I did not receive notice of the charging order summons or the charging order?
  7. Andyorch:Thanks for the clarification on the CCJ, the CC also told me this when I phoned them . But what about this charging order? I dont remember ever getting this
  8. Hello 42Man I was recovering from a cancer op at the time of the original CCJ and was not keeping up with my correspondence
  9. I recently received a letter from a firm of solicitors Wright Hassall, who were claiming the debt of something from Cabot which had been a CCJ on 13 December 2005, having been incurred around the time of my cancer operation. I wrote to them with a CAG default letter saying the debt was statute barred therefore unenforceable after the 6 years. They have just written back saying they agree the CCJ was obtained at said date, but " there was a Charging Order on 19 January 2007 (they enclosed) . As such this matter is not statute barred or subject to the Limitation Act" Is this true? Or just an intimidation tactic? I have uploaded the recent WH letter and Charging order if you would like to see it. Your help and advice would be much appreciated. Kind regards Mihail
  10. Sorry ims, I sent Beneficial a Notice Before Action http://s255.photobucket.com/albums/hh128/leonardo4455/?action=edit&current=BenNBA1.jpg in the form of a CCA request as Brigadier correctly states Where would you recommend I went from here?
  11. In a move to get my GM -then HFC-now Beneficial Finance Card default notice (a £6 minimum payment missed by three weeks) removed, I made an SAR to check for the record of penalty charges on the account. I received this letter from Beneficial last month by way of reply. http://s255.photobucket.com/albums/hh128/leonardo4455/?action=view&current=HFCBeneficialDef.jpg Are they correct on the CCA regulations? I invite comments from learned CAGers before advancing further.
  12. Thanks i'll do that. I threw the BC statements out once I'd cleared the balance, thinking I'd have the default removed, like Barclays Bank did once I'd cleared theirs
  13. Thanks DX , I will check this. Would I need to go back to Barclaycard about this info? I don't think Cabot have info about the BC account charges ...
  14. Thanks for the quick responses Is it worth me writing to Barclaycard about removing the default? I cleared a small Barclays Bank balance around the same time JUST as it was about to be handed over to Cabot, so I cleared it with Barclays NOT Cabot. Barclays were quite happy to remove all negative records, done within a week (As is clearly not the case with Cabot)
  15. Greetings CAGers I currently have three defaults on my credit score. In an attempt to improve the score, I wrote requesting an SAR to two companies responsible for publishing the defaults last week and got one response back from Cabot who had handled a Barclaycard balance, now settled in full. I attached the letter here for the benefit of CAGers similarly affected and for those who have the knowledge and experience to suggest a response to the letter http://s255.photobucket.com/albums/hh128/leonardo4455/Cabot%20Default%20Removal%202012/?action=view&current=CabotDefault2012.jpg. All replies will be gratefully accepted. Thanks in advance Mihail
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