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ohdarn

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About ohdarn

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  1. Thanks, so we'll wait and see if they come back with the original paperwork then? It's my understanding then that if they have the paperwork from a CCA request they can turn it into a CCJ (or other legal enforcement). If however they don't have it then the debt is unenforceable and you'd really just be paying to have them stop sending you letters?
  2. The charging orders were for £8000 and £11,000. We bought the house for £49,000 and took out two secured loans with the mortgage provider which took the total to £69,000. Unfortunately the house was considerably more dilapidated than we imagined, we had a baby on the way and I lost my job which led to the two extra loans. The house is worth about £64,000 now maybe £70,000 if you hide the leaking roof and the ancient boiler. We've not paid off much of the mortgage but we've never missed a payment. The CCJs were taken out in June 2013 and looking through the paperwork they did inform us of both however in my stupidity I thought the Natwest copies were duplicates of the Tesco copies (for some reason they addressed the Tesco copies to my wife and the Natwest ones to me even though they were both jointly owned and because they were in the same Shoosmiths envelopes delivered at the same time I thought they were duplicates of a single claim. It wasnt until Drydensfairfax took over the Natwest account that I started correspondence, however they didn't mention in any of their literature that they had taken on the debt in the form of a CCJ, they just kept asking for income/expenditure forms and rejecting any proposals we made. We didn't defend the charging order (the one we knew about anyway) as we classed it as a better option than bankruptcy at the time (and also that we just didn't have the money for both of us to go bankrupt). We didn't have spare income for a IVA or a DMP so this semmed the lesser of the evils.
  3. Unfortunately they are on the credit file. The credit score isn't wrecked but it could do with improvement. I'm just worried that they could also be turned into CCJs which might harm it further. We'd very much like to move house in the distant future so we need to sweep it all away now. What do you think?
  4. That's great thanks for your time and advice. We'll wait for replies and then begin full and final settlement negotiations.
  5. Yes they are joint debts on a jointly owned property. Are Charging Orders not really secured on the property then?
  6. Thanks I think I've figured out the CCJ thing, I've replied on my other thread thanks. So you no longer need to send a follow up letter for the CCA requests and we should just wait for the creditors to send the paperwork? Thanks
  7. Okay I think I've figured it out (and I thought I was on top of this now, how wrong I was!). The other paperwork had been 'filed' in a different folder as we must have thought they were duplicates (as we get letters in each of our names for joint debt). It turns out that Shoosmiths gained a CCJ and subsequent charging orders on behalf of Tesco and Natwest at the same time. The Natwest debt however was then transferred for some reason to Drydensfairfax whilst the Tesco debt stayed with Shoosmiths. Okay, in some respects this is possibly a good thing as each creditor is less likely to go for sale order as the money raised from a sale would have to be split between all creditors with secured loans on the property?
  8. Sorry, it was on the wiki page (I can't post links apparently). On the consumer wiki under 'Non-Compliance of CCA Request'.
  9. Hello, yes they have a charging order. However (I've mentioned this on the other thread) I'm now unsure if I've lumped together two separate CCJs as it turns out two different CCJs from two different companies were taken out against us on the same date and I'm slightly worried I've fused the two together s o I need to go through it all again and find out which company has sent what. Please bear with me. Thanks for your patience.
  10. Thanks for the replies. On the CCA letter template thread it says you have to send a follow up letter if the documents are not provided to you within 14 days of you sending the request forms. Because they have all replied saying that they will try to provide the documentation within 30 days, should we wait for the recommended 14 days or the 30 days as the companies have asked for? We are intending on making Full and Final Settlement offers to each creditor, however as has been recommended we would like to start negotiations at a different amount depending on if they have documentation to legally enforce the debt. From my Experian report we have one CCJ to Shoosmiths (which is mentioned in another thread on this forum), however the creditor that sent the letter quoted in the first post was Drydensfairfax on behalf of Natwest, and at the moment it doesn't mention a CCJ on their behalf nor have they sent us any paperwork saying they're taking out a CCJ against us. Thanks again *Actually after having a closer look you would be correct, there are two judgements against us but I did not notice this before as they are on the same date. Shoosmiths sent us all of the info documents and charging order information however I'm fairly certain we didn't recieve anything from Drydensfairfax, I don't even know what the terms are. Very odd, unless I have misfiled the information thinking they referred to the same CCJ. I will get all the paperwork out this evening and check through it all.
  11. Thanks for the replies. I'll reply in more detail once I have a bit more time this evening but yes they did get a charging order. Shoosmiths are acting on behalf of Tesco Personal Finance. The letter says, "We write further to your payment of £40 on 10 February 2015. We note we do not have an up to date Income and Expenditure form on the account and are therefore unable to enter into a formal arrangement with you at this time..............(Some wording that says we want you to fill out an income and expenditure form) with a view to accepting your offer of repayment on a formal basis." I'll dig out the original CCJ forms this evening and post up what they say. Thanks for your time.
  12. Hello, we have one CCJ which is managed by Shoosmiths. The CCJ was secured against our property and we pay £40 a month towards it as well. Shoosmiths have recently written to us to say the the amount we pay each month is under review and they would like us to fill in an income and expenditure form to adjust the amount. We were under the impression that if monthly payments were authorised by the judge in the CCJ they were unalterable? Could anyone offer any advice please on what to do? Thanks very much.
  13. Hello all. I have a few questions I'd like to ask please regarding CCA document request advice. We have recently written to our creditors for a CCA request (the debt has been passed on to other companies). They have all replied saying that they don't have the original documents but will request them from the original creditors however this may take up to 30 days. Should we still send the letters that say they have breached the time limit for returning the documents or should we wait 30 days? Also, one of them has replied saying that they will request the documents from the original creditor however, "As Judgement has been entered against you, this account is not governed under Section 77-79 of the Consumer Credit Act. We therefore return your £1 Postal Order." As far as we are aware we haven't had a CCJ taken out against us so what could they be referring to please? Thanks for any help you can provide.
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