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Borris the Bold

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  1. Borris the Bold
    Andy sorry to be an idiot, but do you happen to know why I can't select anything from the editor?
  2. Borris the Bold
    P.S. Why can't I use the editor correctly, i.e. line spaces etc.
  3. Borris the Bold
    Thanks Andy,I'm going to go through all the dates now and check. I sent off a SAR and CAA request to both Robinson Way and Capital One today. By the way, I found the original claim form, could I possibly upload it for you to check?Regards,Borris
  4. Borris the Bold
    Hi Andy,No, by all accounts this is statutory interest they're talking about. Regards,Borris
  5. Borris the Bold
    Hello CAG members, Does post statutory interest on an judgment debt have to be documented somewhere? What does the judge base his decision on to grant this interest, i.e. by default through an Act, a default notice, a claim form or a dca/creditor's proof via a credit agreement, ToCs, etc. This area appears to be so unclear. Do people actually contest post statutory interest? Regards, Borris
  6. Borris the Bold
    Hi Andy, Thanks for that. The property is in joint names with two restrictions in my name and one in my ex-partners name; both applied after 2003. So, there are no joint debts but both owners have debts. I'm not sure if our buyers would be willing to go through with the sale knowing that there are restrictions on the property, regardless of this being a legal process. I would say that it's generally assumed that people will clear the orders as part of the sale. I could speak with my conveyancer and see what he thinks. I'm in a real pickle with this because all creditors, except Barclaycard, and their solicitors know of the sale as they must agree to an RX4. I think once Barclaycard receive this account from Shoosmiths along with a nice request for a final settlement, they will add statutory interest, although Shoosmiths at the time were not going to! Regards, Borris P.S. We are dealing with just two restrictions, one in my name and one in my ex-partners name. The third restriction, which is in my name is under 5k. The restriction in my name was with Egg Banking plc c/o of Shoosmiths, but as of last week was passed to Barclaycard. The restriction in my ex-partners name is with Robinson Way & Co Ltd. The original creditor was Capital One banking (Europe) plc.
  7. Borris the Bold
    So basically I am obliged to wait until the new details appear on the title and then commence with the sale of the property?
  8. Borris the Bold
    Yes i have the details on the final charging order document. I just need to know where it says statutory interest is applied. Does the judge permit it at the time based on what is presented to him by the creditor through the agreement or T&Cs?
  9. Borris the Bold
    Hi Andy, Sorry about that, will do. Thanks for your answer.
  10. Borris the Bold
    Thanks Brigadier for getting back to me. So, at least I can discount the creditor. I was just thinking, I could ask the county court to release information regarding the CCJ, that's if they offer such a service.
  11. Borris the Bold
    Hi all, When a creditor sells or is instructed to pass on a CO (restriction) debt, does the new creditor have to apply to the court to have the title amended? I've read conflicting opinions on this subject. I have a restriction on the title that mentions: Egg Banking plc c/o Shoosmiths. Shoosmiths informed me the other day that they passed the account to Barclaycard. I suspect that this was due to the fact that Barclaycard now own Egg or am I mistaken? How should i go about tackling this as I'm in the middle of selling my house. My conveyancer informed Shoosmiths for a settlement figure only to be informed that they were no longer responsible for the debt. The conveyancer has now had to make contact with Barclaycard for the final settlement figure, which could take forever if they must first register themselves on the title. I'm really worried because I could end up losing my buyer. My conveyancer is just doing his job, i.e requesting settlement figures and that's it. I'm not sure they want to get involved with any other legal aspects of restrictions. Regards, Borris
  12. Borris the Bold
    Hello to all at CAG, Firstly, I would like to say that I've had some great assistance and advice from CAG members so far on my particular problem. However, I noticed today that there is a sub forum for Capital One issues, so I thought it best to request further assistance here. I have attempted to link the initial thread, but I'll try and explain everything in brief. http://www.consumeractiongroup.co.uk/forum/showthread.php?371753-Statutory-interest-applied-to-judgement-debt My question: Should I SAR Capital One Bank (Europe) plc, the creditor (Robinson Way & Co), Robinson Way & Co's solicitor or all three in my current situation? In short: house sale going through, CO (restriction) settlement figure received from solicitor, wish to contest statutory interest added, need quickest access to the document that proves this type of interest is applicable, time running out, holding up sale process, very angry buyer:mad2:, very very worried seller:|. The last letter I had from Capital One was dated 19/11/2008 which stated: "I am writing to inform you that Capital One has sold your account to Robinson Way. This means that Capital One no longer own your account and all future contact about your account should now be with Robinson Way. " With the above in mind, I'm assuming that you still SAR the original creditor, i.e Capital One Bank? I understand that I need POC, T&Cs, original agreement etc., but with the process so far gone and out in the open, would it not be quicker to ring the creditor or solicitor and ask for the justification? Regards, Borris
  13. Borris the Bold
    Hello Paul, Thanks for further assistance. I'm getting worried now because I'm holding everybody up in the chain. My conveyancer is just doing his job, which is to write to the solicitors of the creditors for final settlement figures in return for an RX4. We have had two figures back. One is under 5k and is fine, the second as you can read has had 8% slapped on it and I want to contest it, but with limited supporting documents and time. The third and final CO is a joke, Shoosmiths acting for Egg Banking plc passed on or sold the debt recently and did not know who had took it on (wasted two weeks). Today we were told it was Barclays, so my conveyancer has written to them. Shoosmiths gave me a settlement figure a year or so ago for a sale that unfortunately fell through. However, the figure matched that stated on the CO, which was fairplay by Shoosmiths, but now I bet Barclays or their solicitors will add 8%. Now these creditors know there's a property being sold, they'll just sit back and wait. I need to ask these two creditors or their solicitors how are they claiming statutory interest, i.e. under the terms of an agreement, terms and conditions or a court summons, am I right in thinking this?
  14. Borris the Bold
    Okay, I'll give it a go and see what turns up. Again, thanks a lot for your time. I'll report back with my findings!
  15. Borris the Bold
    Okay thanks. The originals are nowhere to be found, which is foolish on my part. I better get on and ask the creditor, which will be fun to say the least. What should I do if the creditor has not go them or refuses to give copies to me? Are there any standard letters in CAG that I could use for this exercise to save a bit of time?Many thanks, Borris
  16. Borris the Bold
    Thanks again Andy for the assistance. Would the creditor have these documents or should I start by contacting the court for the summons?
  17. Borris the Bold
    Yes that does sound scary: "...with any further interest becoming due...", but i read somewhere in this forum I think that this is standard text and is often abused by the creditors. If I cannot get hold of the original agreement/T&C (back in 2004) or the summons particulars, should I request them from Robinson Way & Co? I'm sure they won't have them or want to hand them over. They may also stall for time!I see poor folk get excited when they read variations of the text: statutory interest cannot may be added to debts under £5,000 or that are CCA regulated, only to find that it is possible if it states so in certain documents.
  18. Borris the Bold
    Hi Andy, thanks for getting back to me. So I need to be looking for the original loan agreement terms and conditions at the time, which was 2004 and not in any court documentation?
  19. Borris the Bold
    Thanks Andy for this information. It was for a Capital One loan. Final Charging Order On 6 October 2009, DISTRICT JUDGE HAYES sitting at Norwich County Court, The Law Courts, Bishopgate, Norwich, Norfolk, NR13 1UR heard The Representative for the Claimant and the Defendant not attending and the court orders that 1. The charge created by the order made on the 29 June 2009 shall continue. 2. The interest of the defendant in the asset described in the schedule below stand charged with payment of the sum of £12,294.03 the amount now owing under a judgment or order given on 06 April 2009 together with any further interest becoming due and £218.00 the costs of the application. 3. The costs are to be added to the judgment debt. 4. The Claimant has agreed not to apply for an Order of sale for so long as the Defendant pays £5.00 per month to the Claimant in respect of the judgment debt. The Schedule The address of the land or charged property is XXXXXXXXXXXXX the title to which is registered at H.M Land Registry under Title No. XXXXXXXX.
  20. Borris the Bold
    Sorry Andy what is sec69?
  21. Borris the Bold
    Hi Andy, Many thanks for your reply. You say 'up' and 'until', so I'm assuming after judgment this interest cannot be applied. It's really shocking because I was quoted by solicitors representing Robinson Way & Co Ltd. £21,635.59 which differs somewhat from that on the original Court Charging Order, which is £12,294.03. I believe that it is only the amount shown on the final charging order that must be paid to clear a restriction. Kind regards,Borris
  22. Borris the Bold
    Hi, I read articles, threads etc. all over the internet about CCA 1974 provisions and that how statutory interest cannot be applied to post judgement debt relating to this act. However, I've just received a settlement figure which has had 8% slapped on it! I've just called the solicitors in question and they informed me that the debt was over £5,000 and and that because it had been through the court system and made final (my understanding of the explanation given), any CCA 1974 provision was overruled and irrelevant. Please could somebody put me out of my misery and explain what is going on.Many thanks for any assistance.
  23. Borris the Bold
    Good morning, I would really appreciate some assistance if possible. I am currently in the process of selling a property. The land registry title contains three restrictions, two of which are in my name and one in my ex-partners name, with the property being in joint names. My conveyancer has written to all three creditors listed on the title requesting settlement figures. We are currently waiting for their responses. However, I have since found out that one particular creditor, namely, ‘Shoosmiths’ have since passed on my debt/details to ‘Eversheds’ for some reason. I only found this out yesterday after contacting Shoosmiths asking why things were taking so long. I passed this information onto my conveyancer, who is obviously waiting for an official response of sorts. Can anybody please tell me how this will impact on the sale proceedings? Will Eversheds need to apply to have their name put on the title before any further progress can be made or can they simply ride on the back of Shoosmiths? Many thanks, Borris

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