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  1. Hello, I am looking for help and advice relating to this on-going dispute I have with the Nasty-west. (Edit) Long story so give you the short version. Reclaimed back bank charges before they put a legal stop to it. Tried to reclaim Advantage gold service charges -they denied it Reclaimed ppi on one loan.. They have never reviewed or addressed the three previous loans with ppi on them. I refused to repay the loan until the resolved the ppi- they didnt. Instead they told me to court and won over a technically and obtained a charging order on my house. I have contacted the ppi deparment on 2 occasions for redress to the previous loans with ppi. They don't even answer me. The CCJ they obtained for the loan is an accumulation of the loan, bank account, mis-sold ppi and mis-sold advantage gold service. So as far as I am concerned they are take money from me via shoesmiths that they actually sold fromme. Any help or advice greatly appreciated
  2. We have a de-linked unsecured loan (part of together mortgage, but we moved mortgage) from 2006 for £29k, we have never missed a payment, the past few years we have had agreed, reduced means tested payments NRAM passed it to a solicitor who have managed to issue a CCJ against us after saying we missed six months payments..we didn't. We called the solicitor from the CAB on the morning of the court date (October 2017) and CAB manager explained we hadn't missed any payments. They agreed to stop the court action that day (in an unrecorded phone call!) CAB manager then asked them shall we fax the court form in and of course they said no, it's ok. Well they didn't stop the court action and got the CCJ.. We went back to CAB in February and the manager called them again, they had an interim charging order by now.. we sent a letter on my insistence to the court with proof of all payments and got the court transferred to our local court 2 weeks ago. We thought this was to appeal the process but the judge explained it was to make it into a final charging order. Unfortunately we have had really poor advice from our local CAB debt manager and didn't apply straight away to stop it or set it aside straight after. The judge seemed sympathetic and said we have been poorly advised, adjourned until early September as we said we cannot be certain we still owe £29k as we have paid off over £17k and now the debt is back to where it started. I assume NRAM have whacked on a load of interest and charges when we were on reduced payments. We hope we can prove we owe significantly less than the £29,500 they say. I am about to send off a SAR today using your template as we haven't had statements since 2011, which I now know to be because our regulated loan was in fact unregulated... and isn't covered by CCA. It's a living nightmare, I'm convinced they will then go for an order of sale, even though they say they won't. NRAM have spoken to us as though they have no control over the solicitor's actions and are being vague. I don't want them having control over this, I have a 12 year old at home who is settled and doing so well at school.. we had every intention of settling when we sell in 11 years at the end of our mortgage and have never missed a payment. I hope I can get the statements back in time to look through them and they don't delay the SAR process too much with delaying tactics. Any advice would be appreciated! And do we send one SAR with both our names, signatures etc on it, and do we ask for just the statements since 2011 or everything? Many thanks.
  3. I do not know what to do with this, I received an Interim Charging Order today, with a hearing on 2nd December. I have not defaulted on the arranged payments which are £30 per month starting 21st October, this was arranged by a Variation Order. However Capquest have put on the form that this CCJ was not payable by instalments, which must be how they got the Order. I have phoned them and they say as the £30 a month is just a token gesture they are still going for the charging order, as they say I have defaulted on the total amount. The total debt with charges after the CCJ was £1404 but now they say it has gone up to £1600. I never had a credit card with MBNA in the first place they bought Benefical Bank with whom I had the card and just kept adding on charges. The hearing is at Bradford court which is miles away, so I will not be able to attend. I always thought they could only get a Charging Order if you defaulted on the ordered payments. Can I do anything about this.
  4. Hi Everyone Desperately looking for advice and help. My wife and I have a joint Lloyds current account held for 15+ years (I have been a customer for 50 years but that makes no odds). Due to personal circumstances of having a disability I am now in a position of not being able to work. This account has an overdraft limit of £3500 but currently it is £3509.35 O/D. So not much over its actual limit. For clarity we were sensible enough to have a "parachute account" though this is with Halifax, but I believe it to be ringfenced? The Lloyds one is "inactive" and the only movement on it will be Lloyds own charges. We were making ends meet reasonably well and very gradually paying this off, until Lloyds TSB changed their charging regime a year ago. This has nearly tripled our charges from the original charging regime. After the second stage implimentation where the charges went from 1p for every £14 OD to 1p for every £7 OD we have not been able to cope and it is those charges that effectively stopped us being able to get on top of this account, and indeed, pushed it into the £9.35 over the OD limit. When we got the initial letter informing us of the changes in charging (from £14 to £7) I immediately wrote to them informing them that we did not accept their terms and conditions, and what as the way forward in these circumstances? The letter never garnered a reply, and lately, Lloyds have denied ever receiving it. I then complained, after receiving standard threatening letters. I have since spoken to varying departments of differing names, each giving me slightly different stories. I was sent an IE form, but this did not appear to be their standard one, nor from the correct department. All the time my simple question was asking them to outline any ways forward, the consequence of each of those ways, and the costs involved. To me these seemed very simple and sensible questions, as I wanted to know how this would affect my wife and I in terms of credit score (not that I particularly care, since we lost our house to Halifax when I first became ill). I also kept asking them to explain how they were fulfilling their obligations under BCOBS with regard to our case. These requests were out rightly ignored. Lloyds continually refused our direct requests for help and information. Both by letter and phonecall. They seem reluctant to put anything in writing, preferring to talk on the phone. I did start to record these conversations. Eventually, after 6 long months of prevaricating, a Complaints Manager wrote to us, outlining three differing ways forward, however, one involed paying the whole lot in one go, getting a hugely expensive loan, or that they would simply default it, add it to our credit record and probably sell the debt. All these options (bar paying outright) seem to require an IE form. A blank proforma was sent by them and was wholly different to the original one I received (I hasten to add neither have been filled in as yet - as I wanted answers to the BCOBS questions - they had again ignored the question of BCOBS) I was then rung up and told that this account was being moved to some team I had never heard of because it was clear from "our IE form" that we could not afford any payments. This is EXTREMELY interesting as we had never sent one in. On ringing they were pretty adamant one existed and had referred to it on several calls. Not sure, but I consider this to be fraudulent misrepresentation of our IE? Of course no-one could find the "original" (it doesn't exist of course) and a further complaint made. They eventually admitted that there was some sort of error and decided that someone had erred in simply recording that one had been received when it hadn't and it was simple human error. For that they sent a cheque of £100 (doesn't cut it for me frankly). That they kept referring to it suggests to me one was actually there, whether that be someone else's by accident, or one had simply been made up - I suspect the latter as a couple of times it was admitted to me that figures were inputted based on a single, throwaway conversational sentence I had said to someone on an earlier phone call about us having difficulties. This IS NOT, and surely cannot, be termed an IE form? I complained again saying I was unsatisfied with their response, and why they were at it please could they answer the BCOBS question. It inevitably went quiet, until I had a phone call from another team asking me how I wanted to pay. Naturally I hit the roof, (but in a polite and controlled manner - no swearing etc) and bounced it straight back to the caller, who probably wished she hadn't rang. After an hour and a half talking to me (I sure will waste their time) she agreed the responses were not "ideal" and promised to take ownership of the issue, and find out why my complaint hadn't been answered. The account was put on hold for a further 30 days. Of course I heard nothing, until the 30 days were up when I got another demand. A phone call in resulted in the operator again mentioning the IE form (which doesn't exist -and notably, she referred to it first, not me, so despite the admission it is all an error, the error still exists in their records). Of course I complained and was passed to a complaints manager. The Complaints Manager identified that the lady I had spoken to about a month before had passed my complaint to a complaints manager called Shelley. However, she admitted Shelley had done nothing about it and promised to chase it. I asked her to get Shelley to answer the BCOBS question, explain why she hadn't bothered to answer the complaint the firsts time, and I wanted to know the history of the "ghostly" IE form, as I suspected their contention that it was simply a tick box error was not correct. Amazingly I did finally get a reply from Shelley. She ignored the reason she had not replied in the first place, told me the issues surrounding the IE form had been resolved and explained (they haven't), and that when the Bank put their charging structure to the FCA it was approved and therefore met BCOBS. She suggested I take the issue up with the Ombudsman - but had to within six months of their "final response" which she contested was much earlier. She didn't mention what letter that is, nor can I find one with the words "final response" on. Further, surely her letter, by being the last, is the final response? Clearly this is an unsatisfactory reply. I am unsure what to do next? This issue is causing my wife and I huge amounts of stress and time, and coming on top of losing your house to the same banking group (though the judge found they had overcharged our mortgage by nearly £10k, not followed proper procedure etc and were severely criticized by him) it is not great. The simple facts of the matter are that I don't feel they have acted in anyway professionally on these complaints, or in any way tried to strike up a sensible, proactive and constructive dialogue with us. Furthermore, they have acted at best unprofessionally, at worse, perhaps committed fraud (or is that a bit strong?) by acting upon an IE form that either didn't exist, or worse, was simply made up. I feel our relationship is wholly broken down and I cannot trust them one iota. It is apparent to me that they will twist, or lie, simply to cover themselves, and conversations are not recorded accurately on their written notational system. For instance on their system they have recorded that I simply refuse to fill out an IE form. First of all I don't think I am under any obligation to do so, and secondly I have never refused, just asked them to outline the options for us first, and explain how they meet their obligations under BCOBS and then I would do it. My other big problem is no single point of contact, various departments that make no sense to me, all seemingly overlapping, but none willing to take ownership, and all blaming each other, or not knowing what has been said. My big questions are: 1) I am unclear of how our account not stands, they haven't said, nor have they said what department it is in, nor what will happen next. 2) how do I get a single, sensible, point of contact with them? 3) I could just pay the £9.35, that wouldn't be an issue, but then next month I guess they would hammer us with a £90 charge, so how does that work? Would we then be £90 over our OD limit? Surely this is what BCOBS aims to stop? I can see that this would just spiral uncontrollably, and it is why I have been trying to keep the account frozen. 4) I could just let them have a default, doesn't really affect us as far as I can tell with credit rating, as ours is poor anyway and we don't apply for credit. However I worry slightly about the debt being sold, but as I understand it if there is a dispute about the amount (there is) then there is little a Debt Recovery agency can do? 5) I have offered to pay £10 or £20 per month, provided there are no charges or interest added to the account. They have refused citing both that our IE form shows we cannot pay it (!!!) or that we haven't given them an IE form. They have also indicated that this sort of amount wouldn't be acceptable to them anyway. 6) We have suggested the charging regime is put back to 1p in every £14 - at least we were slowly managing that. However they have point blank refused; Given their history of messing this issue up and being so unprofessional, that they call it quits and simply write off the £3509.35. They have refused to even entertain either of these. 7) I can go to the Financial Ombudsman, but I see that it has little teeth, and the banks seem to ignore it anyway? 8) Do I have a claim under BCOBS? it is clear with our credit rating we can not go to another organisation for a loan, or account, so Lloyds have effectively "trapped" us into paying extortionately high charges, or otherwise accept their terms, which they are unwilling to discuss or help with. 9) If there is a claim there, how do I go about it? 10) what should I do next re with contact to the bank, given they last sent me a brush off letter? Really sorry for the extremely long post - probably too much info?
  5. Please can anyone advise log book loans got a charging order on my house - i wrote to the company thats dealing with things they responded saying another rcompany had bought their debt and i could make an offer to them to clear , I havent contacted them yet as i didnt want to say anything I shouldnt to them - Im so confused by everything , does anyone have any advice please ? Thanks very much
  6. Hi, I am having problems with a company who are trying to levy on substantial charges that they promised do not apply to me (have it in writing several times as well as verbally on numerous occasions). I decided not to use their services because of multiple failures on their part, but they are still trying to charge me. However the company is watching me online and I can't name them, nor the type of company they are because it's a specific type that there are very few of and they will immediately find it. They find everything I post and then send legal threats saying it's slander. Is there any way I can liase with somebody privately about the issue to get some advice? I'm not sure if I'm taking the right course of action.
  7. I hired a van from Sixt Car Hire in Leeds in early June in order to move my belongings to a new house. I hired the van just for the day and used Sixt as the prices were competitive and they were located nearby. When I picked up the van I was shown around it and giving a considerably long list of pre-existing damages. It was clear the van had been in quite a few incidents before as there was considerable dents, scuffs, scratches etc. When I rent a car I usually take my own pictures of the car but stupidly didn’t in this case mostly due to the tight time schedule I had for being able to access the loading area near my flat (my fault). I used the van for the day without incident. When I returned the van, the office was closed and there was no one there to receive me or check the van. There was only a locked drop box for hire keys. The van could only be left in the car park which has no gate or fence, just open to the public. The next day I received an email from Sixt saying thank you for using them and my deposit was returned. A few weeks later I received an email saying there was damage to the van and that I was liable to pay £586 pounds in damages. They attached a form which had a box for me to state whether or not I believed I was responsible for the damages. I said that I wasn’t and that there were no incidents whilst the van was hired to me. About a month passed and I received an email from Sixt stating that they reviewed my response and decided I was responsible for the damages and that I had two weeks to pay them the money. In response I requested that they please send me time stamped photos of the damages before and after I hired the van and proof that the van wasn’t damaged after I left it in the drop off area. Sixt didn’t acknowledge my email and just responded that I had 14 days to pay the damages. I again replied requesting the data and attached the previous email I had sent to them and stated that I formally was disputing the claims. Sixt then responded with photos of the van which when I looked at the files had no time stamp on them. There is also no photo which shows the claimed damages as well as the van in the same photo. Only far away photos of the van I hired and then very close up photos of the damages where you can’t see any distinguishable details of the van. They also have not responded about how no one was there to receive and check the van when I dropped it off. Two days later I received an email from Sixt stating the following: Further to our previous letters regarding the above damage, we have still not received your payment for the claim. This account will now be passed to our external solicitors to commence recovery action against you unless you make a payment within 14 days. I have no idea what I can do to refute this, I didn’t damage the van and feel that I have no way of defending myself. I feel like if I don’t pay the damages the fees will just get larger. If anyone could please advise I would be very grateful. Steph
  8. Hi I am looking for some help... I own a property with my daughter. We have a 75% mortgage and a 25% loan from Redrow that is due to be paid next year (10 years interest free) I am not working, on ESA with no prospect of a return to work. I have a final charging order on my share of the property. We have been trying to negotiate with the solicitors who have the charging order to pay this at a reduced rate as there is no equity in the property, actually 15K less than we paid. My daughter wants to pay it and move the mortgage to her name and pay the redrow loan. She now earns enough to do this. Solicitors won't accept a lower amount which means my daughter can't remortgage. Our relationship has broken down and it's vital I move, I also need an adapted property. Is there any way to take it back to court and ask for this to be lifted and made unsecure or get the judge to order a lower settlement. They have £3k in fees added from the original £8.5k to £11.8k Anyone know if there is anyone I can talk to about this? thanks for your help
  9. Hello Try to be brief. had a ltd company back in 2005 with an overdraft linked with a personal guarantee. The company is now dissolved and Lloyds obtained a CCJ against me for the bank overdraft of £7900. I did not know about this until I searched Land Registry and saw a charging order on the property. The charging order was dated 2009 I contacted Lloyds who inform me that they no longer have the debt as they sold it and passed liability first to Hillsden and then to Cabot and lloyds. I have requested from lloyds all the copies of the original loan details, Ts&Cs etc. They have refused to pass on these documents as i am "Not Entltled" to these documents as the company does not exist. I have had no communication or updates from Cabot. Lloyds say that I must ask Cabot to release the charging order although in the name of Lloyds. Is all this correct? Any advice appreciated
  10. Looking for advice regarding a really old CCJ, Interim and Final Charging Order placed during an IVA. My partner and her ex both entered into a joint IVA I believe in 2007, one of the creditors was Lombard Direct (part of RBS I believe) was included in the IVA. Lombard Direct did not respond to any requests to company managing the IVA at any time during the process, so did not receive any dividends whatsoever, but the debt was listed. My partner was informed not to engage with any of the creditors involved in the IVA at anytime. The IVA was completed successfully and completion certificates issued in 2011. So we now discover that a charging order has been placed on her property by Lombard direct at a date after the commencement of the IVA, this is something that she had no idea about until now as it is only now that she is looking to sever financial ties with her ex. and is wanting to sell the property or transfer equity, this charge has been flagged as an issue with the new mortgage provider. Upon further investigation it would appear that the IVA commenced in Feb\March 2007, the CCJ was obtained in May 2007 the interim CO in May 2007 and the final CO in Sept 2007. My partner is adamant that no paperwork was received, she may have been abroad at this time working or living at an alternative address. My partner has tried to contact the company that managed the IVA which unfortunately has been taken over, or bought out a number of times over the years and has had little success in getting any advice or information as to what to do. Equally the insolvency service have been unable to provide much information due to the age of the IVA. So we are appealing for help or advice on how to take this forward, given that there was no knowledge of any proposed legal action it was not possible to make any response to the action taken over the debt. The debt was covered by the IVA so any action should not have been valid. Would it be possible to make an application to get the charging order set aside? Sorry for the long post but we would really appreciate any help or advice on this matter. Thanks
  11. Hi all I've been researching alot just need a final bit of info please . I found out last year I had 2 charging orders against me /my property , finally found out who they are from one being Nine Regions which has since been liquidated . I am writing to the court on form N244 to ask for it to be removed . i was seriously ill at the time and in hospital in a coma for quite a while , a lot is a blur , Ive mentioned this and the fact that the company is liquidated . Is this the correct procedure please ? I know I should write to last known address but on companies house its a c/o address a Corporate recovery company , should i still write to them or not ? Thanks very much in advance
  12. Hi, As the subject says I have a interim charging order from 2009 with Lowell. I have been reading online and it says that after 28 days it would automatically be made full. I checked the land registry last month and its still showing as interim is this normal? My current plan is to do a Subject access request on the 25th May (when GDPR is live) and check that my credit agreement is valid and that the correct process was followed. The debt is an old credit card and I'm also sure there are many charges on there that make up the debt. So I aim to reduce or best case have it removed for good. Has anyone had success with Lowell like this? Thanks
  13. Hello all and hope this is in the right area for posting this...if not I can remove and repost if directed, thanks. Ok here we go...the sob story....I have had my head in the sand about all my debts for years, mostly from losing my job in 2009, family loss before and after and some health issues since but none of that really matters as the ball keeps rolling...so to now! Where having had Land Registry contact me (a second time) with regards to both a RESTRICTION & an AGREED NOTICE (for 2 separate debts), it is clear that this cannot continue so I have to do something about it, so if anyone can give me some advice or point me in the right direction of what I can/should do then I would greatly appreciate it! Not sure about how much info you need but will provide as much as possible, in as concise a way I can (I am able to scan any of the documents I refer to herein if needed). Debt 1: £3018.44 (inc. costs/interest/fines) Original Creditor: Halifax Original Loan Date: This was a bank account and monies owed is overdraft Original Loan Amount: £2000 (overdraft limit) Debt Company(s): Cabot Solicitor(s): Mortimer & Clarke Date of Land Registry contact: 27/06/18 Action of Land Registry: Document B132 ‐ ENTRY OF AN AGREED NOTICE Notes: I have no old bank account documents from Halifax but can always request them? Not sure if that is possible... Have previously made payments (of £1 & £10 an agreed payment plan) but no payments made for over 6/7 years Debt 2: £8501.21 (inc. costs/interest/fines) Original Creditor: Northern Rock Original Loan Date: 2007/2008 Original Loan Amount: £7000 Debt Company(s): HPH2 EX SANDTANDER UK PLC, Robinsons, Hoist Portfolio (which is also the same company as HPH2...I think) Solicitor(s): Howard Cohen Date of Land Registry contact: 24/08/17 Action of Land Registry: Document B136 (CO) ‐ AN APPLICATION TO REGISTER A RESTRICTION AGAINST THE LAND Notes: The original creditor loan was taken out with Northern Rock but I do not have any of the old documents Not sure of the exact date that I took out this loan but think it was at the end of 2007 early 2008 I have not made payments to them for over 6/7 years but their documentation states £0 paid at all ‐ I would have to request old bank statements to confirm Guess the question is can I do anything about having these removed? Are the debts still enforceable? Should I ask the Debt Companies for the date of the original loans? I think they got the charging orders in before the end of the 6 year period for collection (not that I was playing it that way just from what I have read recently. Can I still ask them to provide proof of debt? i understand that it is a horse bolted situation but even if it is to go back and work out a payment plan etc then so be it and I am not sure I am even asking the right questions. Ideally I just want to get this straight and cut the worry about losing my house and find a way to become debt free! Really, any advice given is sorely needed. If you need more info about the situation or about me then please ask. Thank you, Bob
  14. I usually give advice on this site but now need some myself The company that owns the Freehold of an old property of mine sent a bill for ground rent to that property which was not passed on by the tenant. They have since instructed a Law Firm as Debt Collectors who has charged me 2 lots of £180 for a letters sent to the rental property and then later to my registered office. I paid the initial sums owed as soon as I got the 2nd letter to my registered office but not the Debt Collectors £360 fees. My question is where do I stand on the amount of the fees charged? £180 per letter seems ridiculous. I've offered £90 to cover any expenses incurred which has been refused. Any help would be greatly appreciated.
  15. Hi All, Not sure if this is the correct forum, I have a somewhat difficult situation I am contending with. in summary; I had a lease vehicle; prior to the end of the lease arrangement I arranged the inspection (Thurs 15th March 2018) and collection (Sat 17th March) with British Car Auctions (BCA) in accordance with what I had to do (inspection within 7 days of collection and end of contract). BCA failed to turn up (i took the day off off work!)! I called BCA who advised that they had made a mistake and schedule my inspection and collection for the incorrect dates. They advised management would contact me and they would rearrange. I received no contact. I repeatedly called to rearrange as I was aware I was now out of my contract date (phoned Audi to advise of situation). Was unable to get a response. Monday 19th March BCA turn up at my front door at 7:45am unannounced to collect the car. I advise that it has not been inspected and the collection date was 17th. Two collection agents then sat in my living room for approximately 2 hours trying to get through to their head office to check if they could collect the vehicle. Eventually advised that they could not, and went on their way advising BCA would contact me to rearrange. Fast forward several weeks of trying to arrange the collection and inspection and fit with BCA's availability and I mange to arrange inspection and collection (difficult as I work away for long periods of time and they have limited availability). Car was inspected Tuesday 17th April (another half day annual leave) and collected Friday 20th (half day annual leave). I have now received an invoice from Audi for the additional rental. I have spoken to Audi via telephone who agreed that this is BCA's error and they should cover the invoice, however Audi are still invoicing me as it is my contract! Audi have tied to contact a manager at BCA and also ha zero success. I am going down the formal complaint route and any tips on acts, cases, precedents or what I should include / not include in the letter would be gratefully appreciated. My first thought was to list it chronologically as above. I can go through phone records if required and list every call made and received (all via my mobile). I would like the invoice covering by BCA, and if possible compensation for the annual leave taken whilst waiting for their failed inspection and collection. Also, to add to this. I queried if I should even be responsible for this complaint as I did not employ BCA, Audi did.(my original complaint was to Audi) They advised that they are satisfied that the complaint against Audi has been resolved and I need to pay the bill and try to recover the costs from BCA. Please help!!
  16. Hi Just received a claim from Howard Cohen this morning. Just wanted to check what I need to do. 1st - Acknowledge claim. Can this be done online? 2nd - Send CPR18 to Howard Cohen, as belows [template removed - dx] 3. Wait for reply.
  17. Ulster bank got a judgment against my husband and I in 2012 for 80K When it went to court we accepted and offered 50.00 per month, we returned the paperwork and there was a judgment made but not for any money. I knew nothing about a hearing date and as far as I was aware it was just paperwork. They are now going for a charging order against our house. we have about 10 - 12 thousand equity in the house and it is a shared ownership / homebuy direct property. we are in trouble financially and looking to sell the property at the moment. The hearing is in a months time and I really do not know what to do. We are not going to be able to sell or get help via the mortgage rescue scheme if the order is there. We are currently falling into arrears on the mortgage. Can someone give me advise on what to do as legal aid cannot help due to changes in the law they can only help with our mortgage and not the charging order. I dont have enough money to pay for a solicitor. thanks
  18. Hoping someone can give me some advice here. Arrow Global and Restons have issued me with Court papers for an HBoS debt which goes back to 1997! Over the past 10 years I have requested the CCA and have SAR'd other DCA's but the CCA has never been sent, only an Application Form with retyped up-to-date Terms and Conditions. Now, of course, Arrow Global have applied for a CCJ. I don't think I would be able to go to Court myself (as a pensioner I don't have the funds for the trip to Northampton for one thing) but do you think I should dispute it? And if so, how?? Regards Chickenlegs
  19. Hello! I went to court with my neighbour over a land dispute. I had to withdraw from the trial because I am deaf and the audio loop wasn't working, but the Judge refused to adjourn... This is probably a whole other area, however, the neighbour was awarded costs of £23k and has now placed an Interim Charging Order on our jointly mortgaged house. My husband is not the debtor. I want to know if I can argue that the Award is unfair, not just because of what happened in court, but also because it includes a 100% success fee, which I feel they are not entitled to because I did not receive the Part 36 Offer which the neighbour's lawyers said they sent to me prior to trial. They are unable to prove I received it as they only sent by first class post. The hearing to decide whether the Charging Order is to be made final is in August, and I wonder if anyone can advise what I should do if I wish to object to the award for costs. My husband will object to the Charging Order. What argument should he provide, please? There is little equity in the property, as there is a lot of work which needs doing, including subsidence. The Judge was biased and failed to adjourn when it was discovered that the Audio Loop necessary for me to participate in the Trial, was not working. He instructed the room to shout and speak slowly for my benefit. None did as they were all the opponents witnesses. All of what they said under cross examination was of no consequence. I entered into litigation after much studying, and was confident of success. What went wrong? I am now being taken to court by my opponent for his costs.. £23k.. He is trying for a Charging Order, too.
  20. Some years ago now I got into debt and at the moment I am in a much better position. I have a CCJ that I have not paid anything off and its over 6 years old now and not showing on my credit history. I have 1 debt that is also statute barred now for around £3600. My wife also has a CCJ that will disappear in August which she has not paid anything off. She also has 1 debt that has a charging order on her half of our house which is being paid. Since all these debts and the charging order there has been a family death and we have paid off our mortgage. Regarding the charging order would it be worth asking for a settlement? Bearing in mind that the DCA will know that we no longer have a Mortgage and as far as they know we will never sell our house as we are happy where we are. However we will in the near future want to move to my mothers house as she is now in care, but the DCA dont know that ;-) So do we try to use this to our advantage to get a reduced full and final?
  21. Morning all, Just wondering if anyone can see anything wrong with this agreement which might render it unenforecable? Thought i had read something a while back regarding the ppi needing to be outlined seperately as opposed to being set out as here. If there anything else anyone can see is not right also, please say. This might be a bit of a tricky one if is not enforecable (long story) will fill peeps in at later date once know basics of where stand with it. Many many thanks as always, Mpols x im very aware how busy the forums are at the mo, so just going to bump until someone has a few mins. Many thanks Mpols x
  22. Can a company who placed a charging order on our property stop me from selling please?
  23. My daughter took her ex to court over monies he owed her, currently standing at over £6k. She won but he paid her nothing a year later she went back to court and the judge awarded her a Charging Order over his property (he co-owns with a previous ex). She has tried to register the Charge with the Land Registry but they appear to have awarded a Restriction. What is the difference and what should she do?
  24. We rent retail premises which has a totally separate flat above it. A box on the wall at the rear of the property contains the electricity meters. British Gas were 'kind' enough to update the meters to digital style meters a couple of years ago, leaving the old meters in place but in the process they connected BOTH properties to one new meter. This means that British Gas are now billing the tenants of the flat at a domestic rate and ourselves in the shop on a business rate for the same electricity. We have it in writing from British Gas that this is the case, despite this, they were unable/unwilling to do anything about it, so we took our case to the Ombudsman. The Ombudsman agreed BG should rectify the problem, but it did not happen, BG ignored the request and the Ombudsman tells us they have no power to force BG to carry out their recommendations. British gas have promised numerous times to come to meet us at the premises, so we can show them what has been done but never turn up, obviously BOTH bills are incorrect, since each bill is for the electricity used by whole building since there is now only one meter. Does anyone at all have any suggestions as to how we can get British Gas to take some action?
  25. Any advice on this one Had a CC debt with HSBC tried to claim on PPI but as my ill health was down to existing condition it did not cover me - recieved court summons replied arranged via court to pay £20 per month However mum diagnosed with cancer missed one payment £20 but contacting them to apologise and issuing payment for further 3 months in advance so I would never be in a position to miss a payment again - yet recieved summons re charging order went to court by myself and Charging order was granted Since which time however on reading info about missold PPI's via CAG wondered if I could go back to court and argue on the ground it was mis sold so putting the account back in dispute in an effort to get charging order lifted ? and refund of payments £100 per month to my recollection this way there would be little or no Debt? I did check with Solicitor CCA was enforcable but she never commented about PPI. Or would I be just whistling in the wind ? Any Ideas OSW
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