Hiya Been a little busy and forgot about my thread lol. thanks for advice though would it be worth approaching them direct and calling their bluff. My house is in negative equity and would need alot of money spending on it in the long run. it is also hindering me for work as i cannot consider moving because of charge. i was gonna give them 2 options either they agree to an iva or i declare bankruptcy and they get nothing. i havent a problem paying them but they have me over a barrel. and i cannot afford to finish work on house enough to either sell and clear debt or rent as cannot change mortgage. Also on asking incaso who are dealing they have said they will block a sale which would mean me turning down a job. thanks for advice rgds james

hiya to cut a long story short i was issued a charging order by rbs for an unsecured debt. i made the mistake of admitting ccj before i found this forum and was pushed straight into charging order i tried set asside route but because i was waiting for paperwork from rbs it was refused and then through incorrect advise i went for second set asside and the judge refused. i played the unfair card for one creditor and the judge was not interested and just said its there interest that mattered. I am now trying to sort other debt and would like to go down iva route so wondering if i could reverse their decision. we are really considering selling house and lettin them lose out as its not worth what we paid for it. and just wondered if threatening this would sway anything for us. thanks for replies rgds james

hi debbbbsy do you have a link for the cpr. how would this help with getting agreement from them. im now going to report them to financial body as i feel they should have respected my wishes and not passed the debt to a collection agency when it was put in dispute. it wont help me now but may get the heat up on them . rgds james

hiya thanks for that have tried searching a couple of times but found anything relevant yet. but thanks for replying. rgds james

HI All I have a situation to which i am looking into now. I was issued with a charging order which was made final after i was unable to pay full amount due to no work or money. this was issued due to me admitting the debt as i stated in a previous thread. i had problems with newborn at the time and signed the paperwork to stop the calls. I was then told that as i signed the ccj the agreement is not needed and debt is now enforceable hence the full and final charging order. now my next question is the wife has said enough is enough and has stated that she wants the house signing over to her. i have agreed to move out and she will take over but where does the charge stand. is it on the house or my interest and if the full house is hers does it still count. I must add were not swinging this to get out of charging order she just wants a fresh start as debt mounting up is causing us issues. I have sent subject access request as per advice in my last thread and awaiting rbs to respond. I am also going to complain to rbs as i feel the could have offered me a secured loan instead of unsecured as they now have with charge. Just after anyones advice. Regards James Smith

Hiya All I had my original set aside hearing last november and because i did not have the attached paperwork it was thrown out of court. on returning home i was able to dupe rbs into faxing required documents to me and posted here as above. However on speaking to the enforcement team back then they told me to apply for set aside again which i did and the hearing wa 070510 which fitted in with rbs request for charging order. The judge was quick to point out that i should have applied for appeal and quickly threw out my request again saying you cannot have 2 set aside hearings for same debt. he also went ahead and issued the charging order which was secured against my property. i queried the none cca and he said because of my omision on ccj forms the debt is now enforceable and there is nothing i could do about it. He also advised that i would be wasting my time appealing. I found them patronising on both occasions because i did not have legal representation in place. my query is are they correct and also i am told interest will be charged at 8% which means in the time my house is paid off i could have given them 50k on a 28k debt and will still owe 42k. Im now wondering if there are any good solicitors i can contact dont mind paying but told i have 14 days to appeal. Thanks for help Regards James Smith

hiya thanks for that. does this mean the letter i sent was fine. im due to pay first installment of ccj this month do you advise i do this. rgds james

hiya think ive done right as not used before my letter http://i983.photobucket.com/albums/ae317/smudge1977/img001.jpg their letter http://i983.photobucket.com/albums/ae317/smudge1977/img002.jpg thanks james

hello after a little bit of help. before finding your forum and on the advice of local cab i sent off for my cca which i used the letter attached dated 15/3/9. im001 i then recieved a response im002 dated 14/9/9 saying they could not find any of requested documents i need to confirm this is fine. i have had one or two things going on this year and forgot id sent the initial letter. and resent one of the sites templates in august but just after ccj issued to me which i must admit i admitted debt. the thing is on my set asside hearing the judge said if i had a request prior to the ccj then he would have considered it. i got this letter by chance by phoning rbs and asking for a copy and luckily enough they obliged. i want to appeal but dont want to waste 75 pounds again if im still in the wrong. thanks for looking rgds james smith