hi eggboxy, Thanks for the advise, i will just ignore them untill i get another letter from them. Now we are chasing the black horse/hillesden charging order and as today we have still heard nothing from them. I will keep all posted.

Hi all again, So the general opinion is that as the court has not made an order he does not have to make the payment. Should a letter be forwarded on to the creditor and what should its content be? thanks again, i dont know what we would do without your support.

Hi all, So my question still remains unanswered, Does my OH have to pay the creditors as no order from the court has been made by them?

eggboxy, I could not go into details on this site but be assured it happened, they contacted our suppliers and contacts and caused a lot of trouble, as they had more clout my OH paid the price. I dont see we can do anything about it now. I dont want to pay these parasites anymore or the solicitors fees of some £3,000 + B*****ds

Hi eggboxy, This CO relates to a business debt that was not paid. They have a CO but it is restricted, The solicitors were not impressed with my husbands replies when he was questioned previously so they insisted he returned to court and sit before a DJ to answer more questions. All they have ask for is a copy of a SPO granted in 2008.see above to get the story. No order for installments from the court or anything else. Now he has a request from the solicitors asking him for £100 per month despite rejecting it at the begining. He was trying to buy some time to trade out of it but the creditor went out of their way to stop him trading and as a result put him out of work so when asked if this offer was still available he said it was until the creditor rejected it. My question is.. as no order has been made by the courts can they ask for payments as we want to let them spin for it now, well try and sell up if we can and find a solicitors to handle the restrictions problems. The SPO is being paid.

Hi eggboxy, the last hearing was for questioning was to establish certain matters relating to our assets, valuation (never supplied as he told them to pay for it ), I do not know if the order is final or not but it all relates to the same debt. All we have from the court is a request to supply a copy of the SPO The suspended possession order is not related, they wanted more detail as the lender refused to hand over any information.

Hi all, As you know hubby went to court for questioning before a district judge. The DJ was quite irritated by the solicitors agent as she seemed unprepared, anyway at the end we were told to go outside and have the solicitors agent write up an order for more information. We recieved this request yesterday in the post and all they are asking for is a copy of a suspended possession order from 2008, no problem. No order for anything else. This morning we received a letter from the solicitors asking my husband to make regular payments of £100.00 per month direct to the creditor as he previously stated he would be prepared to make an offer of £100 per month at the very first hearing which was refused. As no order has been made by the court regarding this matter i assume that the creditors have realised something is better than nothing so are trying to make him pay up. At the last hearing the solicitors agent asked if this offer was still available and he told them it was until they refused and wished to go for a forced sale. Also they are adding daily interest of 8% is this correct. The letter goes on to say if payments are late then they will go foe a forced sale so we are confused as to what to do next. Obviously we dont want to go back to court again and get charged another £500 pounds or whatever they can get away with. Obviously they now realise we have no equity left, have a disabled son and are now out of work as the creditors made every effort to stop my husband trading. What should we do now,

hi eggboxy, still waiting for the original agreement before we can proceed with any action. I believe that blackhorse sold the debt on to hillesden after they secured a charge. I assume they (hillesdens) have bought the debt for a fraction of the cost. I have asked them for all the paperwork in relation to this matter and have asked for proof they have the right to this charging order.

Hi sequenci, thanks for the reply regarding the law centre, have you knowledge of them in this matter? I will contact them

Hi all , We had an application with the fos against the charges with capstone/ascenden. The response was not in our favour and now we have asked the ombudsman to look at it. I wish we had of know that an adjudicator had looked at it previously as we would of insisted it go before a ombudsman. However it seems that they wont bite the hand that feeds them so i now want to prepare a case to compell them to court to fight for these unlawfull charges to be returned to us plus costs ect. I would welcome any advise as to bringing such an action.

sequenci, We are based in birmingham but we will use any lawyer in any part of the country

ihave started the phone calls to local lawers but most do not know what i am on about!!!!!!!!!!!!!!! can enyone help please

Hi again guys and gals, Yes you can tell i was a tad angry, calmed down a bit now. our opinion is that if we can sell and not pay the charging orders then we would be better off selling up and renting for a few years untill the market picks up, trouble is we need to find a good solicitor who will work with us on this. Anyone know of such a firm?.Please pm me on this for obvious reasons. It would give the charge holders a shock to find out we completed and know that we have done nothing illegal. Thankfully its only a restriction. Oh,the satisfaction to get one over on these parasites. If the government dont sort this growing problem out then it will cost them dearly in the long run. We can make a fresh start ride out the recession and rebuild our credit rating, if we can sell up that is.

We have been thinking about our position in all this and to be honest i think the best thing is to sell up and move into rented accomodation. I read that some solicitors are aware of the fact that they have an obligation to inform the charge holders of a pending sale but have no legal requirement to pay them. Is this correct? and are there solicitors out there that will act on that basis. At least we will have some money left to try and start fresh. I dont think ican keep fighting on. It seems that the sub prime lenders are happy to allow customers to get into difficulty so they can go for the home and charge charge charge. Without the litigation side of the business they would make no money. both myself and my husband need to get away from these parisites who feed of all of us who are trapped by these sharks. The fos are weak and are effectively paid by the lenders so it is obvious any claim will be defended, they wont bite the hand that feeds them either. The goverment should step in as a matter of urgency to protect all sub prime borrowers, taking someones home away from lenders who have changed the trading names in an attempt to clean up there act, were impicated in fraudulant activity abroad and have been fined for malpractice in the Uk, as well as using other solicitors (agents) in court to do the dirty, tell un- truths and have the right to keep charging these fees surely has to be illegal.They are all gangsters hiding behind the legal system and we are powerless in most cases. I appreciate this site does everything it can to help all of us in financial difficulty but we need to lobby the government and show them what tactics they use to intimidate, bully and pursue us like vultures waiting for the ultimate goal, our homes. We all need to fight back and send these crooks back to the states or prosecute them and shut them down for good. They seem to be a law to themselves and skirt round the law for there own greed. Putting families on the street costs the government in the long run, housing, Benifits,etc, where if they took the other approach and stopped these people from generating penalty fees then we all may be able to reduce our debts a lot faster, we would feel like we were getting somewhere and have the weight of these crooks taken away. Something needs to change and quickly, the government needs to get a grip on this matter and call a halt to this form of loan sharking.

Hearing went ahead despite strike action. asked questions in front of DJ, The District Judge advised that the creditor may try for a order for sale and to get some advise. They know we have a disabled son and that we have near negative equity, no order for installments made only an order to supply details of a suspended possession order on our second mortgage. They have all the other paperwork. Previously my hubby made an offer of £100 per month but was rejected by the solicitors. They asked if this was still available and he told them not now as they have a restriction charge, but the dj said they would want some kind of offer.No order for installments. to be honest i dont know how they are going to play this out, perhaps they will go for an order for sale. what is our next move?

Hi cad, Yes i agree, he will go on thurday,( if the courts are open due to the strike) and deal with the questioning and then move on to the other matter.

my hubby had a reply from hillesdens, they say a ccj was obtained and subsequently a restriction placed on the property, the judgement was oct 2007, the restriction went on after that date 2008, I have requested all the paperwork, along with this i have asked for a settlement of 5-10% but they have dismissed this, they do know we have near negative equity.

we are both registered as joint owners on the property, The loan was made to him only.Second mortgage is with ascenden

hi all The wording from the land registry says "equitable caharge", this is all i know at the moment. My hubby took out a loan UNSECURED with black horse, he defaulted for 9k and then we get to find out that a charge, EQUITABLE CHARGE has been put on. I have searched for papers and found that aplins were involved then it went to hillesdens, this was back in 2007, The entry for the charge at land registry is 2008 but the loan was taken out 2006 so i know it was not a secured loan.100% he would not of signed anything on my behalf, 100% this was not a secured loan. Hope this helps you guys because i am brain dead with it all. my hubby suffered a complete breakdown as his business failed and it is my turn to be strong so he can get well, pick himself up and start again, I need him, his kids need him and his grndchildren need him, so i appreciate all your efforts and help. Thanks Guys and Gals

Dear eggbox, Thanks for the thread, interesting reading. When my husband took out the loan it was given as an unsecured loan. I will write to land registry and ask for further information as this is incorrect.

Hi all, Thanks for the information, i will not supply valuations or other details as requested by the solicitors for the creditor. For the moment we will concentrate on the charging order/ interview on the 30th, once we have dealt with that then we will get on to black horse/hillesden. Many many thanks all of you for your support in this unfamiliar matter.

Dear Eggbox, The loan was unsecured and only in his name with black horse, then we get a letter from hillesden claiming to be the former black horse claiming he owes 11k. The letters from hillesden only state my husbands name, at no time did he sign for a secured loan. With regards the information, he has a list of things they want to see, mortgage statements, balances etc, as the mortgage lenders refused to give any details, income/expanditure, tax returns, you name it. If they have a "restriction" then surely they shaould be satisfied with that. As it is only his debt then anything to do with me is nothing to do with them, am i right?

Hi again, Thought i would contact land registry to enquire if indeed a restriction has been placed on the register and it was entered in october 2010, interestngly i was advised as to another charge by black horse back in 2008, it is an "equitable charge" on the property not restricted to my husbands name as he was the one who took out the loan. Is this right? The debt has been passed to "hillesden securities Ltd formally Black Horse ltd" ???? Can we do anything about this?

Hi Cadbury, So am i right in thinking that the creditors solicitors / agents who are attending the court for questioning before a district judge are not entitled to have financial details of myself ?. What about our joint mortgages ? Her bank account etc? They also have asked for a valuation of our home together with statements from the mortgages yet it appears they already have a restriction (notice from Land Registry) The court have stated the C/O is Final yet the solicitors want him to attend a meeting for questioning and again he will be charged for that. Thank you in advance you all have been a great help, hubby feels a lot more confident to attend knowing we have you guys behind us. We will keep posting threads to keep you all informed

thanks for the help, my other question is , can the creditor demand my hubby show all financial information, mortgage balances, bank details etc?