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  1. 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.
  2. Hi, My daughter aged 26 last week died an unexpected death, her case is with the coroner and it is anticipated that we will be issued with an interim death certificate at the end of this week to be able to start the process of burying her. I have instructed Funeral Directors so that I don't have to do it later on. I spoke to the Coroners office yesterday at they told me that her father (We are long divorced) has requested a copy of the interim death certificate, I cannot even begin to imagine what he wants with this, apart from burying her which is what I am doing, can any shed any light on what he might want? kind regards Lula
  3. 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
  4. Hi there My husband has received a third party debt order for an overdraft on an account that hasn't been used for 13 years The claimant is I.N.D Limited Defendant is obviously my husband Third party is Santander There is a date for a court hearing on the document but after trying to discover exactly what this all means we are getting even more confused There is talk of the account being frozen and monies taken but this account no longer has any funds in it as far as we are aware. Do they mean that they will force him to inform them of the account he uses now and if so how does that happen. He has had no contact or made and payment to this account or to any debt collectors Any advice will be greatly appreciated Many thanks
  5. Hi, I have received an interim charging order after a judgement or order was given on the 19th January 2015 by the county court business centre. The application will be heard on the 3rd august 2015 at the county court in Kings Lynn. Is it too late for me to defend this? I received the judgement from the Nottingham County Court business centre in January, but as it was not signed by a judge and did not have my dob on the order I gave it no credence. Any advice on my next steps would be appreciated Many thanks.
  6. I was advised by Citizen Advice Bureau to just admit a debt to the court paper. During the advice session they didn’t tell me I should ask for my credit agreement paper related to the debt with the OC and the authority of the DCA regarding to this debt (I did mention I own a debt to a company but I never heard of this DCA). I was told that there would be a hearing and the judge generally would allow me to pay monthly against my income. But the truth was that, the case just went through to the court clerk without a hearing and as a result, a CCJ against me straight away. I was ordered to pay in full without any chance to forward my financial details. The solicitor firm send me letter and they just wanted full amount and issued a charge for my home right away. The solicitor firm scared me to hell by claiming bailiff’s action and seizes of my home to make me homeless. I don’t even dare to open a window even its hot summer time nowadays. I tried to offer a monthly plan with the solicitor firm but in vain. Then suddenly, I received a letter from another solicitor firm (I would call it – B) telling me that they had taken over the original solicitor firm’s business and I must pay them money in full now. I had send numerous requests for any legal document so I could tell that my DCA (on the court form) would recognizes this arrangement, ‘B’ never answered my requests and they kept throwing me more thread. I had paid a monthly token to the old solicitor’s bank account on my own initial during the tangle with ‘B’. Then I stopped as I don’t hear anything back from the old solicitor firm. Lately I received a new thread from ‘B’, they are going to issue court order to seize my house unless I pay them. I am very scared !!! What should I do now and I have these questions : 1) ‘B’ uses roughly the same name as the old solicitor firm and it uses the same correspondence address too. But being a solicitor firm, they should know better about the legal issue. 2) Should I have a right to ask for an authority letter showing that the OC/DCA had given ‘B’ to collect the money? 3) I don’t know anything about ‘business taken over law’, but during a taken over, they should inform the court as well? I had asked my local court, ‘B’ didn’t file any paper to them about the take over. 4) If they issue order to seize of my home, could I appeal on the basis ‘B’ ignore my constant requests for proper paper about the authority of ‘B’ position to chase me money. ‘B’ kept chased me money and ordered me to pay into ‘B’ bank account not to my OC/DCA. 5) Would I look really bad at the hearing (if there’s any I could go to) as I know some court judge don’t like debtor at all? Please I really need advices here as I really don’t know what to do now! Thanks for all the help in advance.
  7. Going through the process of remortgaging my old house, and a question has come up from the conveyancers about a charging order. The wording from the land registry is: "Equitable charge created by an order nisi of the Luton County Court dated 22 July 1996 in favour of American Express Europe Limited." I have a vague memory of once having an American Express card, it obviously must be that though a Companies House search for the company name has it ceasing to exist on the 12th June 1996, probably is the American Express and they just changed their name. Otherwise, I have no more information to go on. After a lot of searching and reading up on this site it must have been in respect of a CCJ that had been granted at some point, but in the intervening 21 years if there was any paperwork, it has long since vanished. The conveyancers say that they need to contact the placers of the charge and ask them if they are happy deferring payment of that charge, but will check with their 'technical team'. Any advice on how to proceed? Thanks!
  8. Hi all I had two ccj debts with Aktiv Kapital which have now both passed the 6 year point. Both had interim charging orders on my house. I paid off one of about £3k and had the charging order removed. They very kindly also sent me a receipt to show that the other debt was clear (which it wasn't) I forwarded that to the court and had the other charging order removed. I moved house a year ago and I am still paying £20 a month to Aktiv Kapital. Any thoughts about what they could do if I stop these monthly payments? The CCJ wasn't really settled although they gave me a receipt and I moved house. I am tempted to let sleeping dogs lie but equally I wouldn't mind asking for a refund on the £20 that I have paid for the last 12 months. I haven't heard anything from them and they don't have my new address yet. How clued up are they?
  9. Hi all, my daughter has received an Interim Charging Order for a £2700 debt incurred by her sister, jointly named on the paperwork. She has no knowledge of this, and also, Lightfoots appear to have obtained this order by using Land Registry search and she has received absolutely no other communication. She has no CCJ's showing on her credit report, but we have found other defaulted loans she knows nothing about. However, TFS isn't one of them. She is paying her mortage on a house with negative equity, having been left in the lurch by her former partner, so the mortage is still in joint names as far as I am aware. The covering letter gives her 28 days to respond, what should she do please
  10. Hi I would be grateful for advice on this. I sold my house two years ago with a number of interim charging orders on it and purchased a new property. My solicitor advised creditors after the sale. So far, so good. I had a payment plan £32.50 per month in place with one of the creditors HFC - Mortimer Clarke - MCE Portfolio 12 months ago they stopped taking payments and I didn't think anything of it this week they have been in contact asking for an updated income/expenditure statement. When I called them to ask what this was about they were a bit put out that I had moved without paying them back, or providing a new address. The debt is from a CCJ in 2007 from HFC for £8,400 and as I am in a new relationship I need to sort this out asap. I asked about a full and final offer but all they would offer was £6,700 which I can't afford. Any ideas about what they could do if I just ignore them? Can they apply for a new interim charging order? or attachment f earnings, for example? I don't really want to get into a review of my finances as this had nothing to do with my family (wife and young daughter) and I don't want a negative impact on our family finances. Thanks
  11. Hi I've scoured through the previous posts to see if anyone has the same issue as me but didn't find anything thats close to my issue. I'm about to sell my house and have obtained my Title Deeds which have two interim charging orders, one for HSBC (in 2007) which I am aware of the amount and one for HFC (2008) which I have no clue who they are or what the original debt was for. I was made bankrupt in 2010 and added all of my debts to the bankruptcy papers, I believed that this included HSBC and HFC (whoever they were at the time). I have no paper work for either of them or details on my credit history. I was able to get some info about the HSBC one today. I have a letter from the Insolvency Services which states that states "Notice to Bankrupt of Intention to re-vest your Interest in Property I am writing to give you notice that I consider that the continued vesting of the property in your bankruptcy estate to be of no benefit to creditors. One month from the date of this notice, your interest in the property will cease to be a part of the bankruptcy estate and will automatically re-vest in you. I will apply to the Land Registry to have my interests in the property removed from the register" I understood this to mean that my property was not considered part of the bankruptcy. Can anyone advise me on what to do next. Thanks in advanced
  12. My husband has received an interim charging order, for a debt which is my husbands, solicitors for the bank of Scotland for approx. 9k, if I go to court to protect my beneficial interest in our joint mortgage, would they (bank of Scotland) then go for bankruptcy against my husband, if the court does not grant the charging order. Im not sure if I would make matters worse if I protected my interest, and just let them put the charge on our joint property. In short I don't think I should have my home sold to pay my husbands debt. any advice would be appreciated.
  13. Can anyone help? I have some large credit card debts on about 5 cards. I have sent a standard letter asking for a copy of the CCA and had replies back but some seem a bit dodgy. I'm no expert sp I joined the forum to see if there is any help here for me. Do I tell them that I dont think they have complied with what I asked for and put the account in dispute and pay the £10 for the SAR? Are they legally entitled to chase me for payments while the account is in dispute? I can post documents if anyone wants to have a look. Cheers
  14. Just as I thought we were getting on top of things notice of an Interim Charging Order arrived followed shortly by a notice from the Land Registry. It appears Mrs Spoon has been struggling (on her own) with nearly £18,000 of store and credit card debt and is now quite unwell. It is only because we have a joint mortgage that I became aware of the tip of the iceberg - now the rest has become clear. There are two CCJs (by default) against her and Restons have secured the interim charging order. I understand that this can only be a restriction as long as I don't agree. We don't intend to sell the house so what does that mean to us and to to Restons (John Lewis)? I'm wading through the paperwork, and need to contact all the account holders to make arrangements to pay. My questions are: 1) Is there any benefit to trying stop the charging order/restriction at the court hearing in January? Is there any benefit to making an offer to start payments? I'm not anticipating any seasonal charity from Restons, just a reason for them to stop. 2) Now I've collated the debt I am thinking that we assess what we can afford to pay back monthly, and propose a proportionate repayment by ratio according to the amount owed. Is that the way forward? 3) Obviously I'm going to help financially, but by getting involved am I going to become vicariously liable for these debts? 4) How should the approach be made to the creditors - is there a form of words? Thank you so much for your consideration. Mr Spoon
  15. Restons solicitors acting for Marlin capital recently agreed monthly payments via ccj which have been kept up to date, but now I have just recieved a letter from Restons stating an interim charging order has been obtained and they have sent me a copy of the application. Surely they can`t do this unless payments are missed? I have rang Restons and they say the letter was sent out as matter of course, and agreed no payments have been missed. But now im worried whats going to happen next. Can anyone please advise me what if any action I can take. Thank you
  16. Hi, My question is regarding the following charging order: This was granted following a CCJ against one owner of a jointly owned property. I have not been able to dig out all the documents relating to the hearings for the interim and final charging orders (I am not 100% sure there was a final hearing but it seems fairly likely). To me, it reads like this is in the interim order and that the final order was never registered (I believe this is a separate process?). Could somebody confirm this and what rights it conveys to the creditor - I think this is Form K? What does this mean in the event of a sale? How would the creditor reclaim their money from the party that the charge relates to? I don't think this would be automatic? Thanks very much for any help in relation to this - it's new ground for me! James
  17. need help asap I have a interim charging order I received through the post which takes place on Monday 13/1/2014
  18. I recently found out that there is an interim lien on my property placed there some three years ago for council tax i do not owe. Anyone know if & how i can get it removed? Thanks
  19. hi could anyone tell me where to post a new thread regarding an interim charge order being made on a county court judgement please.
  20. Hi I am new to this site, could someone direct me as to where I can post a new thread regarding ccj,s and interim charging orders. thank you http://www.consumeractiongroup.co.uk/forum/showthread.php?409508-ccj-s-and-interim-charge-orders
  21. Hi Everyone Please Please Please help! Recap 1) Had beneficial card for over 11 years - never missed a payment! 2) Last summer after 18 months without a job and marriage problems told them i couldnt pay full payments anymore. They accepted nominal payments. 3) 3 or 4 months ago Restons got involved and issued a summons thorugh court. 4) I contacted a 'cheap' solicitor and he wrote Restons a letter but fuc...ed up replying to the court summons. 5) A judgement was made against me and Restons applied for a charging order against my house. 6) My accountant wrote to court saying that HFC had failed to supply me with copy of contract - I did not make a formal request, but the solicitor had asked for a copy due to exhorbitant charges -. Accountant also said HFC were preferring themselves to other creditors etc. etc. I couldnt go to court as i had just started a new job but everything was in the letter from my accountant. 7) Court still agreed with charging order. Restons have now written to me saying I can't sell the house until their debt is discharged and they can apply to court for Order of possession and sale of the property unless I make proper installments etc. Can HFC prevent me from selling and force me to sell????? The first charge is the mortgage company and the second charge is my wife who has 75% equity share, the remaining 25% is my share. I have 3 children aged 5, 7 and 11. The eldest is disabled. Also my parents who are pensioners live with us. If the house was sold quickly today it would pay off the mortgage with not alot remaining in any case. I came across this site too late. It looks like form the previous mails that I should still i still ask for a copy of my agreement in the correct manner but am not too sure what I can do if they can't provide one or justify their charges?? Any advice would be greatly appreciated. Thanks
  22. Hi all I would be grateful for advice on the following - I share joint ownership of former matrimonial home with ex wife who signed her equity over to me as part of the divorce consent order agreement. Mortgage lender has agreed transfer of title to me but she has to stay on the loan. I have interim charging orders on the property for debts that were in my sole name. They are shown as restrictions against my equity my concern is once I own the title could the restrictions easily become full charging orders? I have remarried and would like to get my new wife onto the title. As I have a ccj outstanding the bank won't remortgage us jointly and I don't want a new mortgage as we might want to move next year and most adverse credit mortgages lock you in for the first two years. Wording of restrictions is No disposition of the [registered estate or registered charge dated [date] is to be registered without a certificate signed by the applicant for registration or his conveyancer that written notice of the disposition was given to [name of person with the benefit of the charging order] at [address for service], being the person with the benefit of [an interim]or [a final] charging order on the beneficial interest of [name of judgment debtor] made by the [name of court] on [date] [Court reference Thanks
  23. Hi, This is my first post of CAG and would be extremely for any help this forum could provide. Will try to keep this short and to the point as much as possible. Position: 1. I have a property which I am looking to sell which is solely owned by me. It is currently rented out and I now live in New York. 2. I have a large amount of debt (solely in my name) which I built up a number of years ago for which I have not made any payments to in several years. 3. Checked the land registry and it shows I have 5 Interim Charging orders which were registered several years ago, below is a excerpt. None of them show as being set to Final. (23.10.2008) UNILATERAL NOTICE in respect of an interim charging order dated 2 October 2008 in the Lambeth County Court under court reference number XXXXXXX.. 4. I have sufficient equity in the property to repay the debt. Questions: 1. As the order are still interim and have been so for years does this mean its not gone to the final stage and if so what the the implications of this, are they still valid, can I have them set aside? 2. I know its wrong but am trying to limit how much I would have to pay back the creditors upon selling the property, if quiet frankly at all, although I suspect this wont be possible. From reading other posts where one has a restriction the solicitor can advise the creditors a week or two before completion by which time they most likely wont have time to respond and the creditor receives all the proceeds from the sale, would this be a option for me also? 3. I have received Full and Final offers from the creditors, would it be possible to pay them the reduced amount from the proceeds of the sale? Essentially trying to understand why the orders are still showing up as interim after so many years and what options I have to limit the amount I have to pay back upon the sale of the property and if the orders could cause an issue with the sale? Happy to provide more info. Many Thanks Kunal
  24. Hi, I recently attended the High Court as a defendant, in a civil case concerning a restraining order which was taken out against me nearly a year ago, , I was innocent of the companies claims of intimidation etc. but lost the case as I had no money and had to represent myself as (Litigant in person) was up against a legal team of two solicitors, and a barrister. the outcome was not as bad as I had expected, and several critiscisms of the claimants behaviour were made by the judge, but the restraining order was kept in place for a further six months, and the were awarded 50% of their legal costs, which we do not know what they amount to yet, but they were also awarded an "Interim payment" which has apparently, to be paid within 14 days. and which I do not have. My questions are: 1. What are the implications of non payment? 2. How do I challenge their final legal costs? as I can imagine that they will pile them on, as, their sole objectives are my financial ruin and subsequent demise. I have only a couple of days left in which to make this payment, your advice would be much appreciated. John Henry.
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