robbers way and Interim charging order/warrant of execution - loan

[chasin sunsets]

Found out this morning my other half is paying £110 (!) a month to a dca for a debt.

I insisted she cancel this dd and doesnt call them to explain, just to cca them instead as I have told her they have to prove the debt is valid.

Am I correct in doing this as it leaving my partner struggling at the end of the month..

 

Is there anything else I can do as it came out in a conversation about mortgages,

someone has put a £8000 voluntary charge on our house not long after we moved here (Dec 06)

 

I have just this morning opened a h..c basic acc. as N....wide took £120 off me on 10th March 08 leaving me brassic till pay day.

 

Also after these charges back as it is MY money,,,Grrrr..never mind,

they werent bothered that I was leaving them this morning.

Nor am I...tbh.

 

Am getting there but will take some time, still better than in 2003/4 when we couldnt afford a car so I cycled top work and more or less ate toast n baked beans for a month....

[lickthewallfatboy]

a lot of us were in the same boat as you,until they found this place....you are quite right.CCA them and see what you get back,and if in any doubt scan it up and let the folks see what you have.....

 

can you expand on the voluntary charge bit......?

[chasin sunsets]

It was a previous debt that my partner had and was put on this address not long after we moved in. All we recieved was notification in the post.

[chasin sunsets]

Hi, please please help....

 

Last year we had a warrant of execution with an order made onto our property.

We assumed this had been added on to the house as we had the land registry forms.

Yesterday, we had an interim charging order with another warrant for the same case,

even though we (assume) thought the charging order had been put on...

 

This is for my fiance,

although we jointly own the house,

I do not want a charging order placed on the property as she has cleared most of her debt but mine have suffered because of this.

 

What can we do to stop Robinson carry out this,

we called last night and a geek on the phone said it was nothing too worry about and to call back again as he wasnt qualified to talk about this!!!

 

I did tell my other half NOT TO SPEAK TO THEM ON THE PHONE, only in writing, we have as of now, 14 days to respond...how do we do this?...

 

as i have a financial interest in the house also,

i do not want this..I am really really annoyed at my fiance for ignoring this matter.....

so much so she called me at lunchtime and we had an argument....

 

Please help as I need good advice, do i cca or S.A.R - (Subject Access Request) robinson??

 

Thanks for any help

[slideshowbob]

Ok, firstly before a Charging Order can be applied they will need to apply for a CCJ. In your message you advised that you already had a Warrant Of Execution and a charge applied for this debt?

 

If so, then they wont be applying for a charge as there will be one there already.

 

I would call them again as soon as possible or speak with your partner to confirm whether this is the same account or whether your partner has another account.

 

Sounds like it is possibly a second account. And the only way to stop a charging order will be to come to an arrangement with a creditor or to defend the charging order. If the creditor is pursuing with a charging order, chances are they will have all the documents needed to prove the debt is owed otherwise its quite a waste of money on their part.

 

hope that helps a little.

[chasin sunsets]

Hi,

this morning we recieved a letter from the court saying that baliffs were coming round on the 24th of this month to remove goods.

 

The interim charging order was placed in february 2007.

Robinson way are dealing with this.

 

We have tried to call them but to no avail.

.the court date is on the 30th may.

 

I am joint property owner with my fiancé.

it is her debt.

 

Where do we stand and how can we deal with this as the communication from robinson has been lacking...

We have no idea who the debt is from,

charges on the account etc...

 

we were going to have a ncie weekend,

however, the rows have started and we both have had enough of robinson way...

 

all other debts are being paid via payment plans.

 

.just robinson are being idiots.

I feel they have abused the legal system.

Any advice greatly appreciated,

I was going to cca them...

Edited January 5, 2019 by dx100uk

[sillygirl1]

If the court date is 30th May then they can't send bailiffs round before the hearing... it's too late to CCA them, you need to do a Part 18 CPR request. Somebody will be along soon to give more advice.

 

WHATEVER YOU DO DONT PHONE THEM - AS THEY WILL LIE AND PRESSURISE YOU INTO ADMITTING TO PAY THEM WHAT YOU MAY NOT BE ABLE TO AFFORD OR EVEN OWE

[ukaviator]

I would check to see if they have a Deed Of Assignment. An application for a charging order will initially be dealt with by a judge without a hearing.The judge may make an order, an ‘interim charging order’, imposing a charge over the judgment debtor's.

 

You need to get this paperwork to see who is chasing you for this debt, it may well even be statute barred. As Sillygirl says, CPR 18 request them for the full info.

[chasin sunsets]

hi ukaviator,

thanks for the advice,

 

it is robinson my fiance needs to call?..or the court,

we had an interim charging order placed in feb 07,

the 2 letters of charging orders were the same,

case numbers and the numbers were the same,

 

the last charging order we had was a few weeks ago

i called robinson as i thought they couldnt pursue this as it had already been to court.

 

if the court date is on the 30th how do i get the cpr 18 request and what is it?

My fiance will call robinson as she is a teacher and is afraid of any repercussions of this to her boss.

Robinson i feel are acting way above their means,

she is gullible and will pay them money she cant afford.

Robinson say we have to call their legal dept..

 

just to mention I

had a dca hang up on me as i refused to give out personal details on a call to our house (witheld number)

i stated that you wish me to give out details which are personal and in breach of data protection,

..dont know who it was as they refused to give me their name when i mentioned the call was being recorded..

 

Anyone?

[sillygirl1]

DONT CALL ANYONE

 

Write to them explaining the position and contact the court to ask to have a hearing as you didn't receive the original documentation....

 

DONT CALL THEM YOU WILL ONLY BE BULLIED AND TREATED LIKE A SILLY CHILD

[chasin sunsets]

Ok, thanks,

the oh wants to call robinson's legal dept tomorrow..

can we offer a payment to the court as a token until we receive the full documentation?

 

Have robinson done anything illegal?

would love to get them in court if they have!

[sequenci]

Ok, thanks, the oh wants to call robinson's legal dept tomorrow..can we offer a payment to the court as a token until we receive the full documentation? Have robinson done anything illegal? would love to get them in court if they have!

 

I wouldn't imagine they have done anything illegal. Is there an instalment order for the CCJ? How much is the debt for if you don't mind me asking.

 

I'm surprised they have gone down the bailiffs route if there is a pending Final Charging Order hearing, that might be a little bit naughty, I'm not at work so I can't check the correct protocol for these things. I'll keep an eye on this thread, I'm back in work tomorrow!

[chasin sunsets]

The charge order is for £7600,

oh thinks it is great thinking finance.

I am at work tomorrow so oh if scared that baliffs will turn up..

 

sorry,

forgot,

oh did try to set up payment plan in 07 but rw said no,

interim charging order was put on house as it is on record with the land registry..

cant understand what is going on as it thought the debt would be paid off if and when we sell our house

(although it is jointly owned my oh and myself)..

 

oh has spoken to robinson legal dept,

and according to the call oh made last year,

the solicitors said the order had been put through and it was final..

.very confusing.

[chasin sunsets]

Hi all,

we have only this morning received this form.

My oh is unsure as to how to fill it in

 

I spoke to the dca last night on oh behalf,

asked if the have a valid cca,

they said yes on the phone.

 

oh has to go to the court tomorrow to hand this form in.

She was asked to pay min of £50 a month to clear this debt off even she was paying £120 a month for 18months and the balance is still £7000! (ish)

 

would you recomend me with oh consent asking for the cca?

If they cannot prove the debt what happens next as they have put us through a great deal of stress including phone calls every evening.

 

(Cbt) plus applying for charging order when i own half of the property as we have a joint mortgage..

.I do not want a charging order although the land registry shows it went through last year?

 

Can I ask for it to be removed?...

had enough of dca's so now playing hardball with all of them...

spoilt our bank hol wkend with letters and calls.

 

Anyone have any ideas?

[boyboynova]

Send CCA request see what they come back with.Plus puts DCA on backfoot and gives you a bit more time.

[ukaviator]

The N245 Varied Order form is your opportunity to inform the court of an offer of repayment you believe you can afford to pay each month. The court will pass the form onto your creditor for them to decide if the offer is acceptable or not, If the creditor refuses your offer, the court will take a look at your details and set a repayment the court believes you can repay. If the creditor accepts your offer, the order will be made for the amount you said you could pay.

 

A County Court Judgment will be registered on your credit file and will remain there for 6 years. However, if you repay the judgment before the 6 years are up, you can apply for a Certificate of Satisfaction. There is a cost of £10 for court fees. This will then be placed on your credit file that will be seen by any lender you use to apply for credit.

 

Meanwhile send in a CCA request, and an S.A.R (Subject Access Request) to get the data they hold on you. If there are charges there, you should be able to claim them back.

 

What is the debt for, HP, loan, credit card debt?

[chasin sunsets]

I believe it was for a loan..