am i too late to stop charging order

[connors]

can anyone give me some advce my husband is in a dmp with payplan it has been running for nearly 12 months and never been missed, however Alliance & Leister have obtained a ccg and now want a charging order put on our property, payplan did tell to expect this so we did but after reading through the forums i see that a charging order should only be put on if the ccj is broken. i immediately got the charging order letter to put in a protest but it had to be returned bt the 8th of May, so i have missed deadline he is due in court on 29th May, am i now too late to stop this, is there anything i can do, any advice greatly accepted, he does have other debtors the judge did say these may object to the charging order, :-?:-?

[patrickq1]

dmp with payplan it has been running for nearly 12 months and never been missed

is this dmp with with payplan to include payments to

A & L ?

i think when you go to court the judge will be more sympathetic in your case and probably ask why they are demanding a charging order also have you ever done a SAR NOTICE to A&L if not now is the time to be doing one and any penalty charges should now be deducted from the A & L account

and a letter from other creditors objecting will help imo

i will also bump this thread see if a mod can help

patrickq1

[connors]

hi Patrick,

the dmp does include the A & L, they have accepted the payment of around £70 per month and then applied for the charging order, the S.A.R - (Subject Access Request) you talk of, i'm not too sure what that is, he is not disputing the debt, he agrees he owes it, you say the judge will be sympathetic, when my husband went to court he was told that they would grant the application for the charging order but not let it be enforced, it was only after reading the threads that i realised you can object to a charging order do you think it will help if i go to court with my husband and voice my concerns or is it too late, :-?

[patrickq1]

of course you must go to court and also bring with you all your particulars you need for evidence that this was an agreement which A & L are trying to negate i will look later today and find what you need but you must attend do not give them the oppertunity to get out of this ,also if your circumstances have changed drasticly(through illness say or something else ) then you also need a doctors report or whatever more evidence you can supply perhaps a sugestion to the judge for a reduced form of payment to A & L

i will look later and see whats needed

patrickq1

[patrickq1]

of course you must go to court and also bring with you all your particulars you need for evidence that this was an agreement which A & L are trying to negate i will look later today and find what you need but you must attend do not give them the oppertunity to get out of this ,also if your circumstances have changed drasticly(through illness say or something else ) then you also need a doctors report or whatever more evidence you can supply perhaps a sugestion to the judge for a reduced form of payment to A & L

i will look later and see whats needed

patrickq1

[connors]

it is my husbands debt, he is going to attend of course, payplan already advised this, i am not too good with all this court business but he is even worse and never seems to understand what's been going on, i did look up on the forum the sar,you suggested, is it a lengthy process to get the charges off? do they really have to take them off, HSBC have absolutely hammered him for charges and continue to do so, insurances and everything, you name it they've hit him with it should we also be sending them one?

 

thanx for advice so quickly,

[patrickq1]

you should be sending the SAR as soon as possible this is an important proccess and the beginning of getting your charges back and puting some rights back to you ,all charges are returnable ,all letters you send to the banks etc are to be by recorded delivery only !

has he taken ill or under a doctor or was he made unemployed not through his own doing if so the insurances PPI that you are paying the HSBC this should be claimed as you are paying it,if not why not and if he lost his job through his own fault you should not be paying a penny in insurance ?

dont worry about the time it takes this is a neccesaty and is your money

i have entered the letter you should write and post imediately to the HSBC

[patrickq1]

— Your address

Their Address

Date

 

 

Dear Sir/Madam

Your name:

Account No/ No’s xxxxxx

DATA PROTECTION ACT 1998 SUBJECT ACCESS REQUEST

I understand that you currently hold details of my personal and financial information within your internal record systems with regard to personal loan accounts And or credit cards

Please supply me with a complete list of transaction and charges relating to my history with your organization, INCLUDING Loans and or credit cards, payment protection insurance and other products. Alternatively a complete set of statements for the accounts or associated accounts is acceptable. I would be grateful if you would provide the following for ALL accounts or associated accounts I have held with your organization:

• Full copies of all contracts which you believe exist or have existed between myself and your organization, including true copies of any documents you hold in support of the same.
  

• A complete list of all transactions or statements relating to ALL of my Loan Accounts and or credit card with your organization.
  

• Copies of all documents which include any of my personal information including copies of any contacts or invoices, emails or computer records containing my personal information, or any records which pertain to this information.
  

• Full copies or transcripts of any correspondence in postal, email or any other format which you have entered into with any individual, organization or third party which contains my personal or financial, or which pertains to me.
  

• Where any previous information or records held have been deleted or disposed of, the methods used to do so, including dates, certificates or references confirming details of destruction. Where you are unable to provide such certificates, please provide a declaration, signed by an authorised officer of your company, confirming the dates and methods of destruction of this data.
  

• Full hard copy print outs of my personal or financial information, held in a digital, magnetic or any other format which is held in any archives, backups or other storage devices / locations.
  

I enclose a cheque in the sum of £10 to cover your fee.

IF YOU UNABLE TO DEAL WITH THIS REQUEST, YOU SHOULD IMMEDIATELY FORWARD IT TO THE PERSON WITHIN YOUR ORGANISATION RESPONSIBLE FOR DATA PROCECTION.

I look forward to hearing from you in the first instance of receipt.

Yours faithfully

 

Your name

[patrickq1]

i have put in an apeal for a mod to help you fully on this thread so hopefully they come soon the above sar is a long one but covers everything so i have printed another for you in case you wish to keep it simple

[your address]

 

 

[their address]

 

[DATE]

 

Dear Sir/Madam

 

 

Data Protection Act Subject Access Request

 

ACCOUNT NUMBER: xxxxxxxxx (or multiple numbers if more than one account)

 

Please supply me with a complete list of transactions and charges relating to my banking history with your organisation. Alternatively, a complete set of statements for that period will be acceptable.

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other 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 banking business with you.

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10 Data Protection Act subject access request fee.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable. I would be happy to collect the Data from my local branch.

 

Yours faithfully,

 

 

[name]

[patrickq1]

you will also need to put all details concerning the debt on here and how it came about ie illness redundancy etc but leave out all your personal details and then we can fully help you to get the best results ok

patrickq1

[johnnymitch]

I think you should perhaps read this link ref 'Charging Orders' , connors - may put your mind at rest a bit....... they can only get paid if you sell the house.....and they shouldn't be issuing one if you've kept up the payments on the ccj........

 

Charging Order from Debt Questions

[Castlebest]

Hiya connors, you must get your objection letter to the court as soon as you can and mark it URGENT with your case number clearly marked at the top, Also take a copy to the hearing with you just in case the judge hasn't seen it.

 

At the hearing tell the judge you have never missed a payment to payplan for any of your creditors and there is no reason to place a charging order and in fact it will give an unfair advantage if charging orders are issued for individual creditors.

 

Also make sure he is aware you are in the process of reviewing your situation and have sent out SAR's to all your creditors, if he is of the opinion the charging order should be issued, ask for an adjournment of 80 days (40 days SAR period + 40 days for you to sort things out).

 

pete

[steven4064]

i have put in an apeal for a mod to help you fully on this thread so hopefully they come soon

I think that pete's advice is spot on

[connors]

Hiya connors, you must get your objection letter to the court as soon as you can and mark it URGENT with your case number clearly marked at the top, Also take a copy to the hearing with you just in case the judge hasn't seen it.

 

At the hearing tell the judge you have never missed a payment to payplan for any of your creditors and there is no reason to place a charging order and in fact it will give an unfair advantage if charging orders are issued for individual creditors.

 

Also make sure he is aware you are in the process of reviewing your situation and have sent out S.A.R - (Subject Access Request)'s to all your creditors, if he is of the opinion the charging order should be issued, ask for an adjournment of 80 days (40 days SAR period + 40 days for you to sort things out).

 

pete

 

does it matter that the date for the objection was the 8th of May, he is in court on 29th of May which is next week

[steven4064]

I would still try (after all the banks gety away wit being late all the time) - phone the court and ask.

 

Either way, do what pete says re court. In the last bit (reviewing your situation) tell te court that a large part of the debt is made up of charges which you have been unable to reclaim because of the OFT case and that you therefore dispute the amount of the claim.

[patrickq1]

good advice i need not add to this thanks pete /steve

patrickq1

[connors]

you will also need to put all details concerning the debt on here and how it came about ie illness redundancy etc but leave out all your personal details and then we can fully help you to get the best results ok

patrickq1

 

this all came to a head whe my husbands car broke down on christmas eve 2 years ago, as he is self employed he had no income coming in so fell behind with payments on loans and credit cards with it being holiday time the car was off the road for about three weeks the hsbc battered us for charges even though he phoned and explained situation they were of no help our joint account ended up around £600 in arrears. i knew nothing of this until they phoned me and told me my mortgage was due and there was no money in account to pay it with the help of family we sorted that account out it was then we contacted payplan over the level of debt he was in and entered the dmp. he has insurances on all his loans which to me are of no use to him as he is self employed (he cant sack himself or make himself redundant). eventually the hsbc rolled his loan and credit cards overdraught into one loan with reduced payments and a cost of course. we applied to remortgage the house as we have quite a lot of equity in it but got refused because of missed payments, so realyy we have had no change in circs

[connors]

I think you should perhaps read this link ref 'Charging Orders' , connors - may put your mind at rest a bit....... they can only get paid if you sell the house.....and they shouldn't be issuing one if you've kept up the payments on the ccj........

 

Charging Order from Debt Questions

 

thanks it does but still dont like the idea of anyone having that hold on my home

[connors]

thanks to all for advice i am going to sort out SAR, and will phone the court later on as i am just on dinner hour (not enough hours in day) will keep you posted thank you all once again for all your advice:p

[johnnymitch]

You have raised a further question here conners as to whether you should be reclaiming mis-sold Payment Protection Insurance(PPI). If your husband was self-employed he shouldn't have been offered it in the first place.....

 

Reclaiming PPI

http://www.consumerwiki.co.uk/index.php/PPI

This is a separate issue at the moment though , and you need to get your court appearance sorted out first -

[johnnymitch]

eventually the hsbc rolled his loan and credit cards overdraught into one loan with reduced payments and a cost of course

 

Are we talking about a 'Managed Loan' here, conners?

 

Sounds like it to me - what do you reckon pete/pq1 ?

[patrickq1]

You have raised a further question here conners as to whether you should be reclaiming mis-sold Payment Protection Insurance(PPI).

yes this is something you should reclaim imedaitely from HSBC as they know they cannot use PPI to cover self employed ,so you sre in dispute with this for a start and you claim every penny back including all interest payments concerning the PPI....

so their bill to you is for a start incorrect and they cannot use this in their claim against you in court now you also need to see all bank statement concerning the charges and claim back all of this as well including intrest this intrest by the way is as it stands at the moment 8.9% that stands for both the bank and credit cards so you SAR BOTH BANK AND CREDIT CARD CO

PATRICKQ1

MAKE SURE THE SAR YOU SEND IS BY REGISTERED POST ONLY,ALSO YOU DO NOT ENTER INTO ANY PHONE CALLS WITH THE BANK OR CREDIT CARD CO ALL CORRESPONDANCE BY MAIL ONLY

[sequenci]

I've just found this thread, best of luck with your quest. I must point out that having a charging order stopped is very difficult indeed, although you have been part of the DMP the court may still grant the order so you will need some other arguments if possible. I'm going to keep an eye on the thread for any developments.

 

Best wishes,

 

Seq

[connors]

Are we talking about a 'Managed Loan' here, conners?

 

Sounds like it to me - what do you reckon pete/pq1 ?

 

yes it was a managed loan

[connors]

You have raised a further question here conners as to whether you should be reclaiming mis-sold Payment Protection Insurance(PPI).

yes this is something you should reclaim imedaitely from HSBC as they know they cannot use PPI to cover self employed ,so you sre in dispute with this for a start and you claim every penny back including all interest payments concerning the PPI....

so their bill to you is for a start incorrect and they cannot use this in their claim against you in court now you also need to see all bank statement concerning the charges and claim back all of this as well including intrest this intrest by the way is as it stands at the moment 8.9% that stands for both the bank and credit cards so you S.A.R - (Subject Access Request) BOTH BANK AND CREDIT CARD CO

PATRICKQ1

MAKE SURE THE S.A.R - (Subject Access Request) YOU SEND IS BY REGISTERED POST ONLY,ALSO YOU DO NOT ENTER INTO ANY PHONE CALLS WITH THE BANK OR CREDIT CARD CO ALL CORRESPONDANCE BY MAIL ONLY

 

hsbc not taking him to court they have accepted payments from pay plan, insurance and charges total about £4,000-£5,000 from these, £2,349 in useless ins making debt £15,000