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Found 66 results

  1. I have searched but couldn't find the answer so... Is it normal for a DCA who have purchased a Credit Card debt to obtain a Charging Order to secure the debt? I did a little research on the net and found a CO can only be applied for if a CCJ or other court order is in place on the debt, where I'm confused is if the DCA has purchased a £5000 debt for say 10p on the pound (£500) and can apply for a CO to secure the debt, surely this gives them a very easy way to make a lot of money!?
  2. Can someone explain charging orders for me please. If a DCA started a claim prior to October 2012 but it hasn't yet reached its conclusion (i.e. no judgement for or against) can they apply for a charging order or do they have to wait until the court hearing to see if they win or not.
  3. hope i have put this in the right place...charging orders are very frightening to many people this could be the start of some important changes.... : OFT imposes requirements on RBS/NatWest over charging Orders OFT imposes requirements on RBS and NatWest about use of charging orders 03/13 11 January 2013 The OFT has imposed requirements on Royal Bank of Scotland plc (RBS) and National Westminster Bank plc (NatWest), both members of the RBS Group, to address concerns about the way some customer debts are enforced via charging orders. A charging order is a court order that places a 'charge' on a debtor's property, turning unpaid, unsecured judgment debts into secured debts. This means that once any prior ranking charges on the property have been settled, the debt must be paid back out of the available proceeds of sale when the debtor sells the property. A bank or other creditor which has obtained a charging order can also apply to the court for an order requiring the property to be sold, but this happens only in a minority of cases. Charging orders are a legitimate way to secure and ultimately recoup unpaid debts. However, an investigation by the OFT concluded that there were problems with the way RBS and NatWest were using them. The OFT's concerns included an apparent failure by the banks to consider customers' financial circumstances and the proportionality of the approach before asking the court to put a charging order in place. For example, the OFT found evidence that the banks were not always taking account of customers' efforts to repay debts using a debt repayment plan or other method, and that many charging orders were used to secure relatively small amounts of debt, sometimes below £5,000. The requirements imposed reflect proposals made by the two banks. David Fisher, OFT Director of Consumer Credit, said: 'Lenders are entitled to use charging orders but they must do so proportionately and not to secure relatively small amounts of debt. 'Where we consider the use of charging orders to be unfair or oppressive we will take action to protect consumers.'
  4. I went to get some postal orders from the post office and was told there was a charge to buy one i.e. 1 pound one actually costs 1.50.
  5. Hello, I will keep it brief: I have two liability Orders against me for unpaid Council tax 2011-12 & 2012-13. Jacobs paid me two visits to stick one letter at a time through the door regarding the two liability orders. In response they have been told in writing that I will not be allowing them access, signing anything and I have rescinded their right to walk onto my property. I contacted the council to repeat the above and to challenge these orders. I requested a copy of all paperwork, summons, liability orders and justification for court costs beyond £3 per order. I stated that I would not deal with their baliff and would deal directly with the council only and make any payments directly to them. Their response was they do not and are not required to keep any of this information. Frankly, I find it amazing that they cannot produce the two liability orders that has kicked all this off. They keep telling me to deal with the balliff, which I have no intention of doing regardless of what they say. In the mean time this week I have made a payment of £50 direct to the council via their on-line payment sytem and I will make a payment weekly to build up a payment record. I have completed a Council Tax Benefit claim and I have also returned their income and expenditure form. My questions are: 1. Is there anything I can do to make the council produce the liability orders and related paperwork; complain to the LGO? 2. Jacobs are trying to charge me for four visits. Remember TWO liability orders put into one envelope and popped through my door x 2. To my mind that is two visits not four, so a total of £42.50. I presume I can challenge this with the council? 3. I am going to tell the council by letter that I have and will be making weekly payments directly to them of £50 until my Council Tax Benefit Claim is decided. I am not obliged to deal with the baliff nor negotiate, pay any money to or sign any forms and that they cannot refuse any payment. Is there anything else I should mention? 4. It has taken me 3 weeks, but I finally got a copy of the bailiff certification card of the bailiff who posted the two letters. Whether this really is him or not I do not know. He vanished very quickly after posting even though I saw the letter drop on the mat opened it and went looking for him. His name does not appear on the Certified Register and he has been a bailiff longer than 6 months. I understand this to be an offence. Any mileage here? 5. Jacobs does not have a no credit licence. If they negotiate repayments of any type and charge a fee for the pleasure of doing so, my understanding is that they should have one and come under the auspices of the OFT? 4. I guess the council will pay Jacobs their fee for two visits. Is there anything I can do to circumvent this? Any advice would be very welcome!
  6. I as the Claimant received back in July an order from the Judge with directions (which I would assume the Defendant also received). The order had three main points on it, 1. That Disclosure by List was done by the 4pm 15 August 2012, 2. That any request was received by the other side by the 4pm 29 August 2012. 3. That all parties attempt mediation, that any request made by a party must if declining mediation be received within 21 days of that request. I filed my disclosure by 15 August 2012, the Defendant hasn't, I requested mediation on the 6 August 2012 the Defendant hasn't responded. I wrote to the Defendant requesting that they file the disclosure within 7 days, they failed to do that. Today, at 5:35pm I received a telephone call with a request to email me a letter, I received that request which confirmed that they wanted to see all my documents that I listed on the disclosure list. So my question is what recommendations or comments does anyone have with this total disregard for CPR and the Judges Orders.
  7. can a Solicitor with a charging order on my proerty refuse to provide details of a the credit agreement? Thanks
  8. Mobile phone users who were misled into signing up for premium rate text messages will receive compensation, the regulator has ordered. The company concerned, Connect Ltd, also been fined £50,000 by the premium rate watchdog, PhonepayPlus. Its game app for Android mobile phones included a weblink that, when clicked, caused the phone request a £10 premium rate text message. The terms and conditions specified a price of "about £5" and this information was buried on page 6 of the terms. The regulator said this was not sufficiently prominent. Users were estimated to have lost as much as £250,000 in total. PhonepayPlus said an independent panel had found against Connect Ltd on all counts, although the company could still appeal. In addition to the fines and the order for compensation, Connect was formally reprimanded and can now operate only under PhonepayPlus's supervision. Connect Ltd will have to make refunds to all customers affected, whether or not they have claimed one. Refunds will be credited to mobile phone bills; where refunds cannot be made, perhaps because the phone number is no longer in use, the money will go to a charity of the regulator's choice. More: http://www.telegraph.co.uk/finance/personalfinance/consumertips/household-bills/9518130/Watchdog-orders-compensation-over-premium-rate-texts.html
  9. Hi All. I'm wanting to sell my house as I am moving overseas in the next 2 or 3 months but have a few problems with debt and negative equity. I have 3 charges on my property as well as my mortgage. Any offers I will get for my house will not cover the mortgage repayment and these charges as well. What are my options? Will the companies that have charging orders block the sale if they aren't going to receive what they are owed? Are they likely to accept a reduced amount as a full and final settlement offer before I sell?
  10. Rohannah

    Postal Orders

    Hi, I wanted to check if the postal order I sent with a SAR had been cashed the number 01246 542 091 is no longer available it is now 08457 22 33 44 keep going until you get to option 5
  11. Hi I was a arrear a few years ago but my mortgage arrears was cleared last year and kept up to date. I set up a new standing order on my account and went on holiday only to find the Standing was not set up by my bank so 2 months payments missed and the lender have activated the suspended order as unable to contact me as on holiday in Australia for 8 weeks and have instructed a bailiff warrant. Now this was stopped when I immediately called the lender on my return and cleared the arrears, but I am astonished they can do this so quickly and need help in getting this order removed, which I thought became invalid when the arears were cleared. I believe a N244 application needs to be made, but can the lender stop this from being removed if the account is up to date, as they say they are not prepared to release me from this until the mortgage has been kept up to date for 6 to 12 months, is this true?
  12. Hi. I have a mortgage with GMAC for which the outstanding balance is £118000, a secured loan with Picture for £42000 and 3 charging orders...Lloyds TSB £4500, Moneybarn £6000 and for a water charge of £1800. I want to sell my house which is now only worth aroud £115000. I have received an offer of £105000 from a cash buyer. I have spoken to Gmac who have agreed the sale, Picture have also agreed it with a proposal to pay. My questions are: Will the presence of the charging orders prevent me from selling? And will my prospective buyer be informed of my secured debt and charging orders? The buyer is a family member and thus I do not want them knowing my position. Any advice will be welcomed. Thanks
  13. Despite being told by two advisors that standing orders are available, I am unable to set up standing orders from my new "online saver" account. The online help pages also state that this can be done - quote "You can also make payments and set up Direct Debits and standing orders from your account statement page." I was able to do this from the old "Web Saver Reward" account. The bank should re-introduce standing orders for this type of account. I used a standing order to maintain the reward status of my current account to avoid having to do this manually.
  14. I was just wondering if there's ever been a case in history where the CRA's were issued with a gagging order? AN example I thought of is people with acute agoraphobia. Generally, it's the fear of public places, but it can also be the fear of exposure to public. I happened to see something on TV in Portugal regarding something like this as it lead to the suicide of a woman, taking her three kids with her. The portuguese law changed and if a person is distressed enough, in such unique cases, a gagging order can be issued for CRA's. However, people under this order were issued with a Financial Administration order, which is where the state (or whatever) administered their income and/or financial dealings. It'd be interesting to find out as I was reading about the debt-related suicides which some of the DCA's are instigating with their somewhat unorthodox practices.
  15. As of 1st October it will be possible for a Charging Order to be granted, even if the judgment debtor is not in default of the instalment order. However, an application for an order for sale will not happen so long as the instalment order on the actual charging order has not been breached. http://www.legislation.gov.uk/ukpga/2007/15/part/4/crossheading/charging-orders
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