Help! Interim Charging Order

[847]

RBOS are trying to get an interim charging order on my property. Due 15th January. Full court hearing 28th January for default on personal loan. Have made Data Protection request, as in the templates. Rang Land Registry yesterday and was told these interim charging orders are hard to overturn they asked me to write in as to why I disagree ie don't agree with the amount owed, RBOS won't accept my monthly payment offer of £250 they say they want £700. Also date wrong on Land Registry application for interim charging order. Any advice on what to include in this letter to get the charge overturned.

[maroondevo52]

Hi, 847.

 

Sorry I'm not sure how to deal with this, there's a thread here that I hope will help you......

 

http://www.consumeractiongroup.co.uk/forum/general-debt/83447-advice-re-interim-charging.html

 

 

Regards.

 

Scott.

[rory32]

Hi 847 and welcome to CAG. I have removed your other thread on this so that all information is kept together. This will make it easier for you to follow advice and for people to follow your progress.

 

Can you please give us some more background to your situation please e.g. how much is the interim charging order for roughly, do you have a lot of equity in your home, is your home jointly owned, when was the loan taken out, do you have children and most importantly do they have a CCJ which ordered you to pay the whole debt immediately or by a certain date (known as a forthwith judgement) or was it by instalment and you have not kept to the instalment order?

[847]

Charging order is for approx £31000 but I dispute this amount as loan has been repaid for nearly 3 years and only borrowed £15000 originally. And yes plenty of equity in home, home jointly owned by myself and partner,not sure if tenants in common or the other. Loan taken out approx 20004, not sure about ccj, courts are closed and just been hit for 6 over Christmas with charging order. We have no dependent children. Also PPI should have been paying from March 07 to September 07. Have sent of a request for DP seems there is nothing we can do till tomorrow. Also the loan was unsecured so everybody beware! Thanks for reply

[Docman]

Hi there 847 and welcome to CAG.

 

I can understand you being knocked for six by this interim application. But don't worry. I know that is easy to say but you will find there are a lot of people on this site who will help you and will support you.

 

First of all, can I suggest you take a deep breath. This will be a long journey but you will succeed.

 

Have a look at the thread that maroon suggested above. Next, get you own papers in order and note down the main points, as rory set out above. You may have gaps in your paperwork which you may need to fill by making requests of RBoS. Which route you chose depends on your circumstances.

 

Firstly, did RBoS issue a court summons (N1 form)? If so, did you defend the action? What was the result?

 

Can you find out and come back with more details?

 

Doc

 

Send RBoS a 'Subject Access Request' [sAR] under the Data protection Act together with a cheque for £10. That should flush out most of the documentation they hold.

[paulwlton]

Try this.

 

 

Dear XXX

 

REQUEST FOR INFORMATION

 

I have received a recent court claim from your organisation. In order to file a defence and counter claim I require some information. Given that this matter is now the subject of legal proceedings, I request you to provide me with the information and documents detailed below.

 

I request that the information should be furnished within fourteen days of the receipt of this letter. If you fail to comply, it may hamper proceedings and result in me filing an unnecessary defence or counter claim.

 

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. All records you hold on me relevant to this case, including but not limited to:

 

a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

b. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with Barclaycard.

c. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

d.Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

e. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

f. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

g. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

h. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

i. Copies of statements for the entire duration of the credit agreement.

 

3. Any other documents you seek to rely on in court.

 

 

I must advise you that if the information is not forthcoming, it may delay or frustrate the equitable resolution of this matter and result in unnecessary cost for both parties.

 

Yours sincerely,

 

XXXX (type, don't sign).

[847]

Yes they did issue a court summons I replied by offering regular monthly payments, they said they didn't receive this and court issued another form. They obviously rejected this offer and forthwith judgement was entered. I have made a subject access request on Monday.

[847]

Also can they really change an unsecured loan to a secured?

[paulwlton]

Yes they did issue a court summons I replied by offering regular monthly payments, they said they didn't receive this and court issued another form. They obviously rejected this offer and forthwith judgement was entered. I have made a subject access request on Monday.

 

You may have to try and get the original judgment set aside.

Tomterm sequenci and rory are the experts on this send them a PM with a link to the thread.

[847]

Thanks for that, will give it a try

[rory32]

can they really change an unsecured loan to a secured?

I'm afraid so if it is a forthwith judgement. Do you have a copy of the judgement? Do you have the Particulars of Claim for the Interim Charging Order?

[Guest 10110001]

Question for Rory: Dont want to go off topic.

 

If a charging order is placed on the property:

 

1. Does interest still accrue? and if so, what protection does the judgment debtor have against disproportunately high fees and interst charges?

 

2. Two owners, Tenants in Common, or as joint tenants, (English property law) does it make any difference to a charge, and how so? Property as joint tenants could make a non debtor liable for the charge, whereas tenant in common has the charge registered against their share.

[847]

Will be ringing court on Monday to get a copy of the judgement. I do have particulars of Interim Charging Order RBS say I owe £31589.70 but the loan was for anly £15000 so am disputing this amount. Sent of CCA last Monday

[Guest 10110001]

Was going to say £31589.70 debt for a £15000 loan doesnt sit right.

 

Ask the court to have the Interim Charging Order struck out for disproportionately high fees. Do keep us posted.

 

EDITED TO CORRECT CHANGE MADE BY OUR AUTOMATED SYSTEM.

[847]

Sorry, can you enlighten me on this, don't really understand. Where do I contact the Information Commissioners Office?

[alanfromderby]

Unfortunately the abbreviation was changed incorrectly by our software.

[847]

Thanks for that, makes sense now, do I use a N245 form for that?

[847]

One 2 minute phone call before Christmas and they said they would take £23000 as full and final settlement. Big difference from £31589.70. Also claiming on PPI again on Wednesday when I claim Job Seekers Allowance again

[alanfromderby]

Just trying to get my head round this - what exactly is due on 15th January, and what exactly is the hearing for on 28th January?

 

I am assuming that the sum borrowed was £15k and the remainder is interest, PPI (+ interest) and legal charges - is that correct?

 

Are you wishing to sell your house in the next six months?

[847]

Received letter from Telford County Court informing me of a hearing on 28th January for a Charging Order application. A couple of days later my partner (who has nothing to do with this debt, in fact didn't even know it existed) received letter from The Land Registry saying that an Interim Charging Order will be placed on the property on the 15th January. I've not received a letter from Land Registry and the date of judgement quoted in this letter is wrong. As stated above I have offered to make payment but they just ignored this. Yes you're right in thinking the original loan was £15000 and the rest is PPI etc. Sent CCA off 24th December Tesco received this on 28th, tracked it through Post Office. Also Land Registry asked my partner to write to them by the 15th January with any objections, he was told on the phone that it was difficult to overturn a charging order. Any advice on what to put in letter?

[847]

Sorry, forgot to put don't want to sell house ever!

[alanfromderby]

To be honest, if you are not planning on selling your house in the next few months the Land Registry side is a pointless distraction.

 

My next move would be to get a Part 18 request off to them immediately asking for all the information you need. If they fail to supply it then you will have good grounds to get an adjournment on 28th January.

 

You should then be able to prepare your application for set-aside of the original judgement.

[847]

Is Part 18 request the the same as a CCA request. I've already done that on the 24th, thanks for your help

[alanfromderby]

No - it is a request for information under the court procedure rules, and they have to respond within 14 days or you can apply to the court for an order to be made. Have a look at the CPR under part 18.

 

If you can go into court stating that they have failed, or refused, to supply the information you have requested then the judge will have to take that into account.

 

A CCA request or DSAR are nothing to do with court process.

[Docman]

Hi 847,

Just to clarify Alan's post above. A CCA request is made under either S77 or S78 of the Consumer Credit Act to obtain a copy of the agreement BEFORE you get to court.

Once a creditor takes you to court, the Civil Procedure Rules [CPR] come into play. The court expects both parties to try to settle their differences before any hearing. This settlement starts by an exchange of documents under CPR 18.1. This rule effectively replaces the CCA request and is more powerful in that you can ask for more documentation than under a CCA. In addition, if a creditor has not complied with a CPR 18.1 request, the court could strike out the claim.

Paul has set out a template for a CPR 18.1 request in his post #6 above. You should use this amended for your own case and send it to the solicitors acting for RBS TODAY. My reason is that you should give them 14 days to comply with your request. The solicitors should have had their documentation ready anyway when the obtained judgment so they will have no excuse come 15 Jan if they haven't supplied you with information.

I have to go out now but there is more I think can be done and I'll get back to you later.