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  1. I have a charging order on my property from Blackhorse for approx £10K debt and have been paying £20 per month off this for the last 5 years. However, Ii recently received a letter from Blackhorse solicitors saying the debt has been sold on to Lowell. I have contacted Lowell who say the charging order has not been transferred to them. I am willing to continue paying the debt as per the current agreement (£20 per month), however I would like the charging order to be removed. I would like to sell my house next year and would just about break even if I did not have this charging order. However, the C.O puts me into negative equity. It is extremely frustrating as I am sure Blackhorse would have sold this debt to Lowell for pennies. My questions are: Can I have this CO removed since the original creditor has sold the debt, and if not, can I sell my home if the CO puts me into negative equity. Thanks in advance for your help
  2. Hi folks, I have my final CO hearing on 10th Sept so need to post off my defence by tomorrow latest. I know I've left it late. But really need you guys help to understand a key point for my defence. The basic facts: - £15K CCJ for Director's Guarantee, major high street bank. - Defendents are myself, my wife + another director we're not in contact with Here is a timeline of events since the judgement. 1st March 2012: Judgement forthwith in favour of claimant in claimants local county court. 23rd March 2012: My wife and I each file an n245 applying to vary the order, offering £1 each (genuinely can't pay more, many creditors, I&E attached) 4th May 2012: Notice of transfer of Proceedings received from claimant's local court. Transferring to our local court "to give consideration to the Defendants' applications to vary the order/judgement". 9th May 2012: General form of Judgement or Order received from our local court, advising a hearing scheduled 11th June 2012. States our application to vary will be heard at the same time as the Charging Order, and the Interim Charging order to continue in the meantime. This is the very first we hear of an ICO. 31st May 2012: Notice of Hearing received for a "Redetermination Hearing" to take place on 16th July 2012. 10thJune 2012: I phone court asking for clarification on hearing dates. They tell me it's a good job I phoned as the 11th June hearing is cancelled. No reason given. 4th July 2012: General form of Judgement or Order received from our local court, advising that "upon reading a letter from the Claimants' solicitor", the 16th July hearing vacated, and a new hearing assigned for 10th September 2012. 9th July 2012: Letter and pack received from Claimants' sols with a copy of the original ICO from our local court dated 18the June, which we never received at the time. Says that the judge considered the Claimants' application on the 11th June, and that final CO hearing was scheduled for 16th July (now vacated, see above). Also enclosed is a copy of the Claimant's application for the CO, which is signed and dated by the claimant on 23rd May. Includes Shcedule of Creditors to be heard, and copy of Land Registry Register dated 21st May 2012. I'm going to write a defence to send off tomorrow morning Recorded. It will just get there in time on Monday to be 7 days before the 10th Sept hearing. I've spent several hours on here familiarising myself with the arguments to use e.g. prejudice to other creditors, we're in negative equity, etc. HOWEVER, here's what I don't understand which I really hope someone here can explain to me. We submitted our application to vary on the 23rd March 2012. We clearly submitted it BEFORE they applied for the CO. However, according to what we received 9th May, the final CO and our application to vary will be heard at the same time. So can I argue that our application should be heard first, the court should vary the CCJ so we can pay by instalments, and the claimant should only be allowed CO if we default on instalments? Also, the Claimant applied for the CO on 23rd May, and the court considered their application on 11th June. So how come the Order we received dated 9th May mentions the CO, if the Claimant hadn't even submitted the application by then? Could there be anything fishy going on there?
  3. I am pretty sure that the 'event' driven debt collection method used by MBNA / Reston's solicitors is illegal. My understanding is once the Bank give Reston's the go ahead to harass you for money one of the many tools they use to upset you so much that you pay them whatever they ask for is to monitor evry financial transaction you make. . By linking into real time credit referance agency systems they can tell what money you took out from which cash point instantly. They can tell what transaction you did for example at supermarkets, petrol stations , online . They can tell what bills you paid, how much fuel you use (Gas, Electric). In fact they can account for every penny of your money. . They use this information to decide how you should live for example if they think you are keeping your home to warm (large gas bill) then they decide that you could pay them more by turning down the heat. If they think you spend too much at a supermarket they can ask you to pay more to them and buy less/cheaper food. This is a direct impact on your personal information without your permission. . Don't rush for litigation thaough unless you have a lot of spare cash. The FOS know about this and have said they will not regulate it. Tradeing standards know about this and have said they will take no action. District Judge J of Aldershot and Farnham megistrates court did not even want to listen to the case or see the evidance , he just found in favour of MBNA/Restons with his eyes fully closed. The Data controller does not care and at least some MP's are happy its not happening to them. . My solution, if Reston's have your account try and work in CASH. If its not electric they can not use their event driven debt collection systems. Just to remind every one of the shamefull state of our justice system. District Judge J sitting at Aldershot and Farnham County court awarded the American Bank MBNA and Reston's a charging order against my home. In awarding the charging order the Judge declined to take into account all the circumstances in my case. . 1) I had only missed one payment from an agreement I had with MBNA Bank. Legally this is not enough for a charging order and the Judge knew or aught to have known this. . 2) I had offered to pay of the full debt in four months and allready paid the first month prior to the hearing for a full charging order. The money was guranteed by my brother inlaw. the judge ignored this. . 3) I am dissabled and my home has been adapted with Chair Lift, low toilet, handrails, ramps at the doors, emergency assistance alarms. Forcing me to sell my home would put my life at risk. The Judge refused to look at the medical evidance. . 4) The ammount being claimed by the Bank was in dispute and with CAB we had made a counter claim in the small claims court. The Judge should not have made a judgement without the exact debt being settled first.The Judge knew or aught to have knownthis was breech of procedure. There is allso no doubt the Judge knows that I can appeal but he knew that I probably could not afford an appeal Well if this story was ment to freighten off consumers from seeking compensation from the Banks then MBNA/Restons and the district Judge got it wrong again. My brother in law has just won £80,0000 on the lottery today. We have agreed to go to a reputable city firm of barristers with a view to seek compensation for a misscariage of justice and to persue for damages against MBNA Bank since they are responsible for Reston's solicitors. Every one should continue to campaign for their own cases especially aginst unfair and unjustified costs and charges.
  4. Need some general input regarding the legality of Consent orders when claimant did not have right to enter into it
  5. I’ve since found out that ignoring your financial issues does not make them go away as they stink really bad (like rotten Egg) Anyway, I need some pointers on how to proceed with this situation please! Background I passed my MBNA credit card account to a company called Cartel Client Review in summer 2008 to review and they deemed it unenforceable because of the faulty agreement so they passed it on to CCLS who instigated a dispute on my behalf. As far as I can know, a SAR was done but I now don’t have access to whatever info or docs that was received (or not) from MBNA as CCLS were closed down in March 2010 and Cartel! I have been in contact with Gordon’s Solicitors (who were appointed as administrators for CCLS) and they are unable to find my file. Issues In April 2010, I received a claims form from MBNA, at that time, I didn’t understand what all this was but I filed an AOS and didn’t do anything else i.e file a defence as I thought that MBNA or indeed the courts would need to send me more stuff before I take the next step! Naïve!! Apparently, a CCJ was awarded against me for the account by default in May 2010 but I never received any notification of this! Nothing from MBNA/Optima or the courts informing me that this had happened. The first I knew of this was in July when I received a letter from Optima informing me that they had applied for an interim charging order and that there was going to be a hearing on the 8th of Sept! I then received a B132 notice from the Land Registry informing me of an application to enter into an agreed notice. This obviously got my attention and I knew there and then this was not going to go away unless I tackle it. I went to for the hearing on 8th Sept thinking I was prepared to defend the claim and the CO application. I had written out a well prepared defence bundle labelling all the evidence and so on but the Judge was not prepared to listen to me at all, he wasn’t interested in my statement or the evidence bundle I had given him. He kept on repeating that we weren’t here to discuss the claim (CCJ), just the CO and I kept on saying I didn’t understand! The Judge wasn’t interested in the fact that I had not received any notification from Northampton regarding the default judgement in May. So he granted the final Charge Order and awarded £266.00 cost to MBNA. He did advise me though to apply for the previous judgement (CCJ) to be set aside as I hadn’t previously defended it and my case (which he had before him but cannot look at) had not been presented before a judge to assess. After the hearing, the MBNA Sol approached me and said he wasn’t able to advise me as he was representing the other side but that I should read between the lines of what he was saying. Basically, he applied that I should appeal the original CCJ and ask for it to be set aside explaining the reason for the late application. He said if it was set aside then of course the CO would become irrelevant. He said it was worth a try since I had already done the groundwork with the evidence pack I had produced for the CO hearing. From the little I’ve read on this, I’m supposed to use the N244 form with a £75 fee to apply for judgement to be set aside. But what reasons do I give? Has anyone had experience of this? What else can I do? Thank you.
  6. Does anyone have knowledge of them actually obtaining an FCO, and collecting upon / or enforcing it ? What does have very serious implications in the route to an FCO is the statements of truth etc, but in particular the warning statement on a Land Registry RX1 form made post Judgment / ICO Order application / granting thereof by the CCt. They must be setting up "fall guys" in thier offices to take the rap if it comes on top. Very dangerous - Very close to the wind. Comments please.
  7. I was paying nominal payments to Tesco personal finance of £7/mth. They took me to court and I received a letter from the court saying, the whole amount was due but I should continue to pay the £7/mth. I have now received another letter from the court saying the case is to be transfered to my local county court because the claimant has applied for a redetermination. When I get the date what am I expected to do? Take proof of my income and expenditure? Any advice would be appreciated. Thanks
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