Just for info her Daughters found the Proof of Posting for the N244 that was sent to Northampton Bulk Processing where the CCJ was issued . Nov time I think, so that is a good start. I believe that was snow/postal strike time when the News was showing backed up Post. I also discovered today Land Registry does not update records/deeds from Interim to Final Charging Order. I got that from the HMRC web site. I phoned the Courts and there is no public record of Charging Orders. So if for whatever reason you do not receive court papers for the Final hearing you are stuffed. My relative this afternoon emailed and faxed the Courts for more info, unfortunately due to the time differences it could not be sooner. We really need to see the documents/hearing details etc It does make it clearer how companies such as Arrow are able to get away with this by using previous addresses. I did start another thread purely about this in case it helps someone. If anyone has any ideas about this at all please do Post/PM me.

Further to this I have spoken with relevant County Court as per the information on the Interim Order on the Deeds obtained from Land Registry and there is no public register/record kept of Charging Orders. So if an Interim Order is made Final (and you do not receive the court papers for whatever reason) due to the fact the Solicitor Office (see previous post) do not register Final Orders with the Land Registry you have no way of knowing about it. You are lulled into a false sense of security as Land Registry will only show an Interim Order plus there is no public record of Charging Orders.

It would seem Final Charging Orders are not registered? So if you do not receive Court Papers you have no way of knowing if an Order has been made Final. From HMRC web site: DMBM667370 - CCP: Charging orders: Hearing for the final charging order "Once a final charging order has been made * write immediately to the Solicitor’s Office (Enforcement & Insolvency Team, 2nd Floor, Bush House, The Strand, London WC2B 4RD) with the sealed original charging order. There is usually no need for Solicitors Office to register the final charging order if the interim charging order has already been registered unless there are exceptional circumstances such as imminent bankruptcy. You should therefore draw any exceptional factors to Solicitors Office attention."

I have found a page on the Land Registry Web Site for their fees if this means anything to anyone? Land Registry : Online Fee Calculator I could really do some help here.

See earlier Post where would Arrow stand if they pursued an Order of Sale if they had not registered the Final Charge with the Land Registry. If the advice from the Land Registry above is correct?

Very odd eventually got hold of Land Registry and someone has to make a an application to them to register a Final Charging Order she thought that was done by a 3rd arty such as Arrow not the Courts. This means Land Registry records are not necessarily up to date? I phoned the general call centre at Land Registry 0844 892 1111 was on hold for 15 mins! It seems very odd that Land Registry Records are not necessarily up to date? However would a prospect buyer know if a Property had a clear title?

No correspondence was received re a Final Order. So from what you are saying the Land Registry should have been updated if it was made Final? However we are concerned as Arrow so sending correspondence to previous addresses, yes it can be proved. That is another issue. Hence why we trying to double check that the Land Registry holds up to date info on whether Charging Orders are Final or Interim? Will phone Land Registry I am using trying to confirm this before making further inquiries. UDATE Phoned Land Registry I was the 29th in the queue? Anyone know another way I can verify this?

I am trying to find out when an Interim Charging Order was made Final. I obtained a copy of the Deeds from Land Registry and they state at Interim Order was made on the 28th May 2008 but have never been updated with a Final Charging Order. Does anyone know if the Land Registry updates interim Orders to Final Charging Orders? This may explain why my relative never received details of the Final Charging Order hearing?

Quick question the N244 was sent to Northmapton Bulk Claims was this the correct place to send it to, as the CCJ came from there? The Charging Order is at London Court. Further to this does anyone know if the EEO (European Enforcement Order) defence could be used as MBNA had written to my relative at this address? Yes we have the MBNA Correspondence. Clearly the DCA pursued this without having all the current information or they where ignoring the MBNA Correspondence. Unbelievable as it may seem yes the DCA's Solicitors did write to my relative at a previous address 2 addresses back. They wrote to a London addresses when she moved she gave MBNA her Manchester address and they sent statements for a couple of years to the Manchester Address. When she moved moved to Europe they even corresponded there which is when the full and final settlement was agreed. Yes we have written proof MBNA knew her Manchester and Europe address. Fortunatley the occupiers of the London address where diligent and forwarded it. Reading the Solictors Regulatory Website they do have a duty of care and yes 3rd arties can complain. The Solicitors clearly breached the DPA here.

Yes the letter has been sent to the DCA's Solicitor and with the N244. Unfortunately she does live abroad now permanently Europe and is currently in the USA. Legal requests have been made to the DCA's Solicitor and they say the debt is several years so no proof of assignment. Yes they took 4 months to say this. They been sent MBNA full and final settlement plus proof MBNA knew her address abroad. I will chase the the N244 tomorrow. Not surprisingly the DCA is Frederickson International aka Arrow Global they seem to use similar tactics on a regular basis from what I read via google. EDit: The reason this was not dealt with is the DCA/Solicitor sent correspondence to very old addresses even though MBNA had her current address. Clearly the Solicitor has a vested interested too as they paid by the DCA on results. Its on the Solicitors web site. Its a fluke we even know about this now. Quote direct from DCA'S Solicitors Web site " "Costs We make no charge for debts that are not recovered prior to Court proceedings being issued. We will be pleased to discuss your requirements and agree charging rates with you." No doubt the Solicior has a vested interest to get this through the Courts

Yes MBNA have sent a letter that it was settled (full and final) nand she would receive no further correspondence in relation to the debt. It looks as though they have sold it to a DCA ( as a job lot with other peoples debts??). Whats more worrying is MBNA had her address and sent the full and final settlement letter to it. The DCA and Solicitor have pursued and obtained judgements at earlier addresses.

This is not for me but for a relative. This relates to a very old Credit Card debt. The Credit Card Company several years ago could not supply a CCA, my relative was not in the UK. Yes they where aware of her address abroad and wrote to her there and a they agreed to write of the debt if she paid 30% I believe the debt was around £4000. My relative heard no more about this. She has since discovered that the debt was sold to a DCA and a CCJ obtained at a previous address. Even though the CRedit Card Company knew her address abroad and had written to her there! They next obtained an Interim Charging Order. Needless to say the County Court Summons, Interim Charging Order nor the Final Charging Order. The first time my relative knew about this was when the Letting Agent sent a letter from the local Solicitor that the DCA have instructed. Again proof that was settled with the MBNA was sent to the Solicitor and ignored. My relative has a correspondence address to deal with this and has requested that the Solicitor emails and posts correspondence again they failed to do this. My relative also requested the Deed of Assignment to double check this is MBNA. Again all proof relating to debt they have refused to acknowledge and indeed refused to send any documentation that the DCA owns the alleged debt. They obtained the Charging Orders at one of my relatives rental properties which she owns. My relative sent to the Court a N244 (I believe to get the judgment set aside) this was sent Oct/Nov unfortunately during the postal strike. She has heard nothing however she is currently in the USA as a close relative has died. Yes there is proof of this, including from the US Funeral home! However now the Letting Agent has emailed to say the Solicitors for the DCA have obtained a Court Date for the Order of Sale. The Solicitor is currently ignoring all correspondence. Obviously we will chase up the N244 with the Court but does anyone have any other advice? If seems very apparent they are pushing this through by using previous addresses even when they know my relativ e is out of the Country and that this has been settled. The Solicitor has even responded how can they have a Deed of Assignment when the debt is years old? lol Additionally should they have obtained an EEO European Enforcement Order? Its just unbelievable. Edit: I forgot to say the Solicitors even wrote to my relative at a very old address 2 addresses back with MBNA. Even though MBNA had corresponded with my relative at newer UK address and then abroad when she moved to Europe. Fortunately the current occupiers forwarded! We have informed the Solicitors that this is a braech of the DPA. Do we have any claim against these Solicitors? Its a local town firm close to one of her rental properties. Further to this I have checked the qualifications of the Solicitors dealing with this a Legal Executive who comes from a DCA and a Trainee Solicitor. I wondered about a complaint-Solicitors Regulatory Authority in view of ignoring correspondence, breaching DPA etc Reading the Solicitors website under Debt Recovery they are paid on results if a commercial firm instructs them, for example a DCA. That is there terms. They have a vested interest to get this through the Courts.

Re Trading Standards letter Hamilton McCarthy are Cash Genie they have same Consumer Credit License. Trading Standards are suppose to monitor companies with a Consumer Credit License. I would point that out too. Hamilton McCarthy Legal Recoveries are not registered at Companies House. So Cash Genie are really misrepresenting themselves.

I would contact your bank and dispute it, they can do a chargeback for you. Tell the bank you never gave them your card details. I would say this is fraud. I was speaking to SillyGirl1 on the phone today we both think something needs to be done about them. Out of all the Payday Loan these seem to be worse breaking all the rules in the book and acting fraudelently. Watch out for them contacting your neighbours and employer. I would also email their Trading Standards Dept at Suffolk. Cash Genie are based in Ipswich Suffolk. There email address is [email protected]. The more people that email the more notice they will take.

I would also email Trading Standards at Suffolk County Council. Just PM ing now there parent company has other Contracts with other Council Depts. Am PM these details. SillyGirl1 and I are talking off line about this. I am busying putting together a web site with all relevant info.

Just to say I am PMing you re the issue of CJJ etc to your Employer.

Tz2north. M12345 Will dig it out a bit later and post it. I will PM you a bit later too with details of the web site. I am just talking on email to another old long established Cagger about it now. We are working on it.

Agree they are after your bank statement. I would have thought that could be deception?

I am putting together a complaint to Trading Standards and all the other Council Depts their parent Company has Contracts with. All the 130 Councils according to their parent Company web site, they have Contracts with. I am setting a web site up about this and which Councils I am complaining too. Feel free to PM me if anyone wants more info.

When I read the OFT guidelines it stated that details of any alleged debt must not be given to 3rd parties plus any Company should not sign away your legal rights, for example refusing to give a refund on faulty goods. Surely the Contract is signing away your rights to privacy both under the OFT guidelines, DPA and Human Rights Act? The letter they will be getting an attached earnings order following them obtaining the CCJ for the supposed debt. They have sent to my Employer a copy of a completed Attachment of Earning Court form. They have never written me about any debt, sent any default notice or any CCJ. They just sent the letter giving details of the debt to my Employer and an Attachment Earnings form. Even though they have never written to me, sent a default notice or obtained a CCJ? Edit: The Attachment of Earnings form is not real. Is this fraud???

Yes and they have written to my Employer giving details of the so called alleged debt with an attachment of earnings order. Even though they have never issued a Default Order or CCJ. Or even sent any correspondence to me in writing about the so called alleged debt. They are claiming that when trace someone they can contact their employer as it its in the supposed contract. However OFT guidelines state that they should do not anything that over rides your legal rights. They are breaching the Consumer Credit License as they are taking away your right not to have details given to 3rd parties. I am wondering if by overriding a persons legal rights they are invalidating their Consumer Credit Agreements? Does anyone know??

See my post directly above. In July they had a journalist investigating them and at the sametime on the 27th July 2009 the Director and Company Secretary resigned. See here Companies House records for In Time Finance Ltd Companies House number http://wck2.companieshouse.gov.uk/e1684d0f11a7033cdf14dd6dd8ead01f/wcprodorder?ft=1 If you compare the Companies House record to the Consumer Credit License register Public Register Consumer Credit License number 0626604 You will see that those resigned Directors are still on the Consumer Credit License Register. As a Consumer Credit License is based on individuals proving they are fit and proper people it would seem that they do have an update and valid Consumer Credit License. None of the people listed on the Consumer Credit License involved in the Company as per Company House records. So they would appear to be trading without a valid Consumer Credit License It definitely appears the OFT should be involved.

Cash Genie and Hamiltion McCarthy are the same people. Do a search on the on Consumer License Register. Public Register There Consumer Credit License Number is 0626604 Their trading companies are Cash Genie, Everyday is Payday and Hamilton McCarthy Legal Recoveries. What is more revealing and actually very frightening is if you do a whois domain name search on cashgenieloans.co.uk WHOIS Query If you then google the people who own Cash Genie domain as per the domain name search you will a huge shock as to these people really are.