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  1. Although they are saying a charge on the property, because your property is jointly owned and the debt is in your name, they will only be able to register what is known as a charging order restriction. It would be highly unlikely any judge would order a sale, primarily because your childrens welfare trump anything financial, plus they will not have a full equitable charge, only an interest in your share of any money left after paying back any mortgage. All through the process the solicitors and the judge tend to talk of a charge on the property, but since 2003 the Land Registry can only list a restriction on a jointly owned property when the debt is in one name only.
  2. I have read a lot about these charging order restrictions and how one can sell the property and inform the charge holder after the sale has gone through if there are joint owners and one debtor. I have spoken to a couple of local solicitors about this and might have well been speaking to a brick wall, as none knew anything about the workings, since the law changed in 2003, of these restrictions, all saying that 'charge is a charge', which I know is incorrect. Can anyone recommend an aggresive solicitor in West Sussex who fully understands the law concerning restrictions, and that may be able to assist. Any help will be appreciated.
  3. I am in the same position with Tesco, although I have been paying them £1 a month for a little while now. They have ignored a couple of CPUTR requests, never sent a copy agreement under my CCA request, and I feel that I am just extending the 6 years statute period from starting by continuing to pay this monthly payment. I'll send them a recorded delivery letter also this time and see if I get any response, but I feel that PriorityOne is right in saying that if they ignore a CPUTR then the chances are that they do not have enforcable paperwork.
  4. Wanted to thank MrShed for advice, as after threatening legal action for return of deposit my daughter has received a cheque in full settlement.
  5. I'll advise her of this, and thanks so much for your kind help and advice. It obviously is the money, but also the fact that someone has arbitrarily tried to fiddle my daughter when she was in a vunerable position after having some valuable jewelery stolen.
  6. He originally said he wanted it to be a six month agreement, but did not ever produce any form of written agreement. Nothing was ever said about any notice period, until he told my daughter this when she was about to move out.
  7. Hope someone can advise what to do. My daughter agreed to rent a room in a house, paid rent until the end of the month and a £400 deposit. On the first of the following month she paid the months rent. Six days into the month she had jewelery stolen from the room, and was so scared she decided to find somewhere else to live, and moved out a few days later. The landlord told her he needed 30 days notice and said he would deduct the extra 10 days from her deposit money, and if she contacted him after 30 days he would return the balance of the deposit to her. On contacting him she was told he had changed his mind and although he had since relet the room her actions had cost him a lot of money so he would not be paying her anything back. He has confirmed this in writing. She did not sign any rental agreement, nor did he tell her where her deposit money would be held. Has she got a case to take to the County Court, and should she ask for 3 times the deposit? Grateful for any advise.
  8. Earlier this month I was contacted by Barclaycard saying that my personal details had been 'misplaced' by a DCA, and that all the authorities had been informed. After looking at this thread I thought I would check what DCA had been chasing me, and surprise surprise it's NCO Europe! Me thinks that it's not just MBNA card details that have been stolen.
  9. Thanks for the prompt replies, and I'll send them Scots letter just adding that they have not also complied with the SAR. The help offered by fellow Caggers is really appreciated as it's good to know that you are not alone when fighting the might of the big banks.
  10. Hello All, Need some advice on what, if anything, I should do now. A few weeks ago I sent B/Card a CCA request and all they sent back was two copies of the terms and conditions applicable when the card was taken out in 2001. I have since sent them an SAR asking for all the data they hold on me, to include credit agreement etc (got the SAR from here and ammended to suit). B/Cards reply is to send on a bunch of statements from 2004....nothing else, with a letter saying that 'The information we have enclosed relating to this account is all that we hold' Confirming that they do not hold anything else, ie credit agreement, surely makes this an unenforceable case....am I correct? Should I now point this out or wait to see if any enforcement action is taken? Any help would be appreciated.
  11. I have had various letters sent from Mortimer Clarke, but all computer signed 'MCS' only
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