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Backdoor Lowell CCJ/CO - old Barclaycard debt - prob SB'd - Set Aside - Now Stayed


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I am in UK.

I have just received a letter stating that there is a Charge on my Property.

What does this mean?

Does it mean that there can repossess and sell my house without my consent?

 

In my previous marriage, we took out several loans and when we separated/divorce, I took over all the loans.

I tried repaying the loan for nearly 10 years (small amounts) but due to harassment and work pressure, I become sick (depression) and resigned from my job.

 

Soon after that I stop paying in 99? 2000? - because I cannot afford to pay anymore.

I was out of work for nearly 2 years and with the help of some very good friends and family, I finally got back on my feet and starting doing odd and part-time jobs to make ends meet. I travel about and changed address a few times.

 

The debt companies must have been chasing me all along and till now I do not even know what I owe and to whom I owe this money to lest of all how much I owe.

 

Finally with the help of family (paid deposit etc) I bought a house.

I had to make myself strong and go work to make enough money just to pay the mortgage and survive/live.

 

The debt company traced me to this address and now have put a Charge on the Property.

What can I do or is there anything I can do?

Do I reply to them?

What do I say?

I am afraid they will repossess my house?

Can they do that?

 

Please help. Million thanks.

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hi bobneedhelp

 

we are sure that good advice will follow this posting to you but i have no legal experience to offer. so please be patient it will follow.

 

you have indicated that the old loans that a charging order may have come from may be a life line for you if those debts have not been paid for some 8 years.

 

we would suggest that if you have had no contact and have not paid anything to these people for more than 6 years DO NOT CONTACT THEM, in any form until you have received further help and advice.

 

good luck

 

djc

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Hi bobneedhelp,

DJC is right, you at the right place for advice , its that sometimes the forum gets very busy and their are only a few experts to go around. However i suggest that you give people a bit more history into the debts , i know its hard but the more info you can provide the better .who is the company that has put a charge on your property?, they would have had to have had a CCJ first, when was the last time you paid any monies towards your debts?. All this info will help to ascertain wether you can fight the charging order on the basis of the debt being statue barred. Somebody, more knowledgable will take over,CHIN UP.

 

Manc1

MANC 1

 

 

 

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Bob, to assist further there's a bunch of questions I need you to answer. Also, to be able to give precise advice, you need to be precise with the information you provide. Further, unless your property is mortgage free, there will be a charge on it to secure repayment of the mortgage loan any way. I'm guessing this is not a charge by way of mortgage?

 

So on to the questions:

 

1 Where did the letter come from? The Land Registry? The debt collector? Where?

 

2 Does this letter identify who has registered the charge?

 

3 If yes to Q2, what is the identity of the charger?

 

4 Does the letter identify a court case, a judgment or order of the court?

 

5 If yes to Q4, what does it say (being careful to not reveal the Judge's name or court case number)

 

6 Have you ever entered into an agreement with the charger identified at Q3? If so, when (mm/yyyy) and what was it for? (There are likely to be more questions about the agreement if you say there was one so get hold of as much paperwork on the agreement as you can if it's still around).

 

7 If you do not know the identity of the charger, when (mm/yyyy) did you take out the last of your several loans?

 

8 Would I be right in thinking that you have not paid anything off your loan agreements (including the agreement identified at Q6) since year 2000? If wrong, when was the last time you paid any money to the charger?

 

9 Have you ever written a letter to the charger at any time since say the year 2000?

 

10 Have you at any time lived outside of England and Wales since the year 2000?

 

11 How long have you been living at your current address?

 

12 Do you know the Land Registry Title Number to your property? (Answer just yes or no).

 

13 Is this letter the very first time you have received any written communication from either the charger, the charger's solicitor, the court or The Land Registry about this matter?

 

That will perhaps do for now, but I am likely to ask some more questions before I can give you worthwhile advice.

 

x20

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If there is a charge on the property then it doesnt matter about the age of the debt, the charge has been ordered by the Courts so they must have went down the correct legal channels to get that. I don't have any specific experience regarding Charges on Property but my knowledge is that they cannot force you to sell the home or repossess it. They become a primary creditor if the house is sold and are able to take their money then. If I'm wrong on this then I'll be grateful to learn from any of the experts on here.

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johndeevoy,

Wish i could agree with you on the issue that the DCA would have done things by the book to get the charge on the property , they can and do get a CCJ by default if not defended , and then a charging order on property ,if not defended.

 

Manc1

MANC 1

 

 

 

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Ok thanks all very very much

- this is the first time i have the courage to write and seek help and advise.

 

To my knowledge, I stopped paying end of 1999.

Because of my illness(depression, high stress, anxieties) I resigned from my job in 2000 or thereabout

- i cannot fully remember!!

 

Soon after, I was staying with friends all over UK and for this have reason I lost all correspondence/contact with any of the debtors for more than 2 years.

 

But i remember before that (in 1999/2000) i was so stress and fedup with the constant hassle that i just decided not to pay (and also I cannot afford to when I resign from my job). Stress, anxiety, depression simply means my head was not right then and I just simply stopped corresponding and paying.

 

I now live in a property (only managed to do so with help from brother) with him paying the deposit, legal fees etc. have been at this address for about 5-6 years on and off (moving about staying with friends for several months at a time for support). Mortgage repayment is kept up to date by my family etc. I keep plodding along as I manage to sleep little.

 

Before, some friends suggested to return the letters and state that I do not live at the address which is true as i got visit friends and stay for months there. The house is not left vacant as my nephews stays in the house when i am not there. Am i confusing? Sorry for being jumpy and all over the place.

 

I came back recently and found lots of letters from the debt agency and have not opened them - as said some got return and some just left unopened.

 

Now this Charge Order, I am afraid they will repossess my house - the debt is for unsecure loans taken in the early 90's.

 

Oh and I totally lost track on what letters I have sent back to left unopened

- do i open them even these are a while ago.

Writing this is stressing me now.

Will write more when my mind allows

- I think I am not putting the informations in a logical order

- sorry all.

 

Clearly it was not defended as I was not in a position to reply when i was away or if some of these letters has been send back to the DCA by my friends/family. They know my story and am just helping in any ways they can rightly or wrongly.

 

I am a responsible person and have continued to repay the debt for over 8-9 years albeit a small amount.

But the DCA constant harrassment and work pressure took the tolls and i was left sick with stress and depression

- that was when correspondence stopped in 2000 till now

 

- have not made payment and do not know what i owe and who i owe money to.

Bad Times! and Bad Memories ....

I am trying to remember as much as I can ....

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Bobneedhelp,

I realise you are having a tough time however i would suggest you have a look at sufaceagent message and try to come up with the answers , the more info you can provide the more people can help you.

 

Manc1

MANC 1

 

 

 

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Surfaceagentx20 :) thanks

- alot of questions

- my mind went boom! reading your questions but i will try to answer them.

 

1. think the letter came from the land registry ..and i think my nephew send it back? after he told me that there was a letter from the land registry / think he scan through it and saw a charging order ? i could be wrong but this is what he told me.

 

2. Not sure since i do not have letter with me now

 

3. sorry not sure

 

4. not sure

 

5. not sure

 

6. not sure - no agreement at all as far as i am aware

 

7. i dunno charger - these letters are from DCA - last loans taken in 89-91

 

8. nothing paid since 2000 , last payment was in 99 just before suffered from depression and stress and resign from work.

 

9. nothing written and have not replied since 2000

 

10. no have live in UK - with friends all over UK few months at a time longest being about 8 months

 

11. in current address since 2001/2002? or there about

 

12.No,

 

13. i am not sure as i have been in and out and my mind is not always on the most alert pace each time but i get stress and phobias with these letters all the time.

Even talking here has taken me a long time to think and write :( I dare not even open these letters or my friends have sent some back) rightly or wrongly i have just been listening and just agreeing but i know i get tire and stress very fast so this is a huge step for me

- i am glad for whatever thoughts and help.

 

All i worry is they will come repossess my house and I hope it will not happen.

This is all I got.

Oh I have 2 kids (independent now almost, and it is hard enough being strong for them without them worrying about me

 

I wish I can continue to repay like i did before my depression but I just cannot and have no energy to talk with these DCA people because they are highly intimidating and unhelpful

- they increase my stress and I have nightmares

- sorry but i cannot help it!

 

I have some unopened letters

- do you suggest i brave myself to open them and post here?

I have seen them lying around.

Thanks all again for your time and patience and my apologies for the uncertainty in replies.

 

i cannot sleep

- i would like to repay my debt and can i sell the house now and repay whatever loans going

- i would not mind staying in a rented property or staying with my relatives

- would this be a good way forward

- please can I have your thoughts and is this a good way forward.

 

Now that a Charging Order has been placed in my property,

should i open the letters and write a S.A.R. now to request what exactly i owe and who i owe to ..

 

.i am so confused by all these ..

. I am seeing double ( due to my eyes short-sighted I think) because I cannot remember to know who and what I owe to when when i owe them ..

..getting more confused .

...help!

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Bob,

 

Just stay cool for a while. I don't expect to come up with much whilst I've got answers which read 'not sure' but, assuming you were prompt with you plea for help, I don' expect anything nasty is going to happen whilst I'm looking after things.

 

If this is a charging order, which I suspect it probably is, I will be able to carry out a search of the land registry (and waive the fee) but that is on the basis you are willing to reveal your full postal address in a private message to me. I will understand if you decide not to. The purpose of the land registry search is to establish what charges have been registered, by whom and with what authority.

 

If nil has been paid on these debts for upwards of 8 years they may have become statute barred. Statute barred is a load of baloney, the sexy bit of which reads you may have a defence. Don't go SARing anybody right now. We'll need to look into that after I've established how the charge got on your title in the first place.

 

If you're not keen about revealing your address (and like I said that's fine and understandable) at least get hold of the letter which reported that a charge had been registered and let me know the information in that letter. Further, gather up the letters which have not been opened and do not trash any more.

 

We'll have a chat tomorrow. I can't do much while I'm yawning.

 

x20

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Now that there is charge on my property

- does this mean they can now repossessed and sell off my house to repay the debt?

 

I would like to pay them off

- Can I put my property in the market.

 

There is some equity so can be use to repay the debt.

Please advised if this can be done and if so how?

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Bob will you just take a deep breath? The creditor will be unable to take any steps to enforce the charge without [1] serving papers on you (so quit not opening your correspondence) and [2] an order of the court.

 

You might want to review the statement 'I would like to pay them off' if in fact you didn't have to. Sure you can put your house on the market, but can I suggest that half one in the morning is not a good time to reach that kind of decision or ask how to go about it. Can I go and get some kip now?

 

x20 = x2zzzzzzzz

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ok x20 will gather up letters and inform on content and await your help

 

gather mails together but finding it hard to open the letters, my hand is sweaty and shaky, my mind is just wandering all over the place - worried sick I guess.

 

found contact for local CAB

- they are close today but opens tomorrow

- Should i be going to see help with together with these letters?

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Bob,

 

I've carried out a Land Registry Search.

 

Please confirm the full initials of your name are X X X X.

 

x20

 

Bob,

 

Please provide confirmation as requested, here or by private message as quick as you can please.

 

x20

Edited by surfaceagentx20
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Hey Bob

I hae been reading this thread and I completly understand how you are feeling at the mo. Two years ago my daughter became very ill. Her levelcare was very demanding as well as having sleepless nights because my other daughter was also ill and woke alot in the night. Whilst I was coping with this my hubby also became ill. I became so very stressed like you say. To be able to keep my mind focused on getting my family well I ignored all my post. I even hid it from my hubby as I thought the stress would make him iller.

 

This went on for about 18 months.

 

Mu hubby started getting better and so did my daughters with the correct medical help. I then thought I had better start sorting all the debts.

 

Like you it was horrible. I felt like an acholic trying to resist a drink. This was something i was avoiding for years.

 

You are in the right place. You need to open them letters. Even if you sit here on linw with us and open them one at a time. With each one we can give you an option on what to do with it. Most from what you say can go away completley. Some we can claim the charges to give you some extra money in your pocket maybe.

 

Like X20 is trying to say though we can not help you without the info. You must be strong. This is no longer about them telling you what to do. This is about you taking control of them. YOU ARE TELLING THEM WHAT TO. This site is all about being empowered to beet the crooks that are DCAs.

 

Honestly we are here for you but we cant do it without you !

 

PLEASE BE STRONG

 

OLIVES XX

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Bob,

 

Thanks for the confirmation.

 

First important point. I think your position can be rescued so I want to see a smile return to your face. You must remain calm and do what I recommend as soon as possible.

 

The register at the Land Registry reveals that within the last 4-5 weeks (I know the exact date but I am not revealing it for obvious reasons) the court granted an interim charging order over your interest in your home to Lowell Portfolio I Limited (Lowell). I suspect that the letter which arrived and which prompted you to post to this forum was a letter delivered to you by Lowell or their solicitors notifying you about this.

 

If you have given this letter away it is essential that you recover this letter as quickly as possible. You need to have the information contained in the letter in order to proceed further.

 

The letter will have delivered the following:

 

[1] An interim order

[2] An application to the court made by Lowell for a charging order over your interest in your home.

 

The interim order

The interim order is a temporary order. The interim order will say something like:

 

On (date) District Judge (name) considered the application of the claimant from which it appears:

 

a judgment given on (date) ordered the defendant to pay money to the claimant

the amount now owing under the judgment is £(amount)

the defendant is the owner of the asset described below.

 

The court orders:

the asset of the defendant described below stand charged with payment of £(amount)

 

the application will be heard at (time) on (date ) at (court) when a judge will decide whether the charge created by this order should continue or be discharged.

 

You must make a note of

[1] the date and time recorded in the order and

[2] the case number

 

The application

The application will state near the beginning something like

 

Lowell applies for an order imposing a charge on the interest of (name) in the property below to secure payment of the amount owing by the defendant under a judgment given on (date) by (Judge) at (court) in claim number (claim number)

 

You must make a note of

[3] the date of the judgment,

[4] the name of the court which made the judgment

[5] the case number of the court which made the judgment.

[6] the address given at which payments should be made or documents delivered to Lowell

[7] the amount of the judgment

 

The court may not be the same as the court which issued the interim charging order.

 

Rescuing the position

The interim charging order has been made on what would appear to be a valid judgment. However, that judgment is unlikely to be a judgment based on the merit of Lowell's case. It is more likely to be a judgment obtained because you didn't respond to or defend the claim. These types of judgments are called 'default judgments'. Courts much prefer to issue judgments based on merit and will therefore allow a person to have a default judgment cancelled where the person can show a good reason.

 

The process where the court considers whether to cancel a default judgment is begun by an application to set aside the default judgment.

To set aside a default judgment you must complete a form in writing, deliver it to the court and pay the fee. I will be able to complete the form for you as soon as you have confirmed to me the information at items [4] to [7] above.

 

The grounds for setting aside the default judgment will be that you have a reasonable prospect of showing that you do not owe money to Lowell. I suspect you may be able to show you do not owe money to Lowell because I know that Lowell are in the business of buying up old debts from lenders. An old debt ceases to be enforceable where before legal proceedings had begun to recover it, the debt had been outstanding for in excess of 6 years and during that period of 6 years, [1] no payments had been made in reduction of it and [2] no acknowledgment of liability had been delivered in writing by the debtor to the lender. Such debts are called statute barred debts and the law makes them unenforceable by Limitation Act 1980 section 5.

 

Since you tell me that no payments had been made for say 8 years and Lowell are in the business of buying up old debts, there is some prospect that the debt which lead to the judgment against you was unenforceable before Lowell began proceedings against you. If you are able to show this is true or is likely to be true, the court will agree to set aside the default judgment.

 

Once your application to set aside the default judgment has been issued, you will get a copy of it and Lowell's will get a copy of it. The court will issue a notice saying where and when it will reach a decision on your application. You must make a note of this because you or someone on your behalf will have to go to court on that day to persuade the court to decide the application in your favour.

 

I would urge you to issue your application to set aside the default judgment before the date given for the hearing as recorded at [1] above. This is because if you issue the application to set aside promptly, you will be able to go the court dealing with the charging order on the day recorded at [1] and explain to the Judge that you have made an application to set aside the default judgment. Once the Judge knows you have made that application he will adjourn the charging order hearing to await the outcome of your application to set aside the default judgment. You will then be sent a notice by the court telling you when the adjourned hearing will take place. You must make a note of the date and time for the adjourned hearing.

 

If you are successful in having the default judgment set aside, the court will issue an order to that effect. You will then be able to go to the adjourned hearing and produce the court order setting aside the default judgment. Once the Judge sees that the judgment has been set aside he will know that the judgment on which the interim charging order is based no longer exists. He will then be bound to discharge the interim charging order.

 

In discharging the interim charging order you will be provided with a copy of the court's order. You will be able to produce the court order discharging the interim charging order in order to have the entry removed from the register at The Land Registry.

 

The above is the ideal way to go about rescuing the situation. If the interim charging order hearing is to take place imminently so that you could not get an application over to court to set aside the default judgment, please let me know.

 

If the charging order hearing has already taken place, please let me know.

 

I realise there's a lot of information here to digest and understand. I've tried to make it as straightforward as I can. You may want to read it over a few times to enasble you to understand exctly what I am saying. If you require any clarification just post to the forum.

 

I end in the same way I began. Please remain calm. I'm confident this can be rescued as long as you act promptly.

 

x20

Edited by surfaceagentx20
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open one letter dated jan 2008

States:

our client - cabot Finance (Europe) ltd

a/c no - xxxxx

Clarity ref: - xxxxx

 

 

said reduce settlement offer repay about half , letters valid for 7 days - sign

collections manager

 

open no 2 letter dated feb 2008

from Red debt -

original creditor - barclaycard

they have appointed agent Lowell portfolio Ltd to recover, as you have failed to settle ...instructed to use a) Licensed Home Visit Agent' and b) start legal proceedings for CCJ and then charging order, use bailiffs to remove goods should debt remain unpaid

 

like you to contact and give opportunity of contacting and agreeing payment ..if not hear from you within 7 days then will use methods above

collection advisor

 

do i contact them or just wait now that a CCJ and a Charging Order has been made against me?

 

my hands are all wet and I am shaky whilst typing this in ..sorry ...and i am being tearful on this - will stop and open another letter soon ...thanks.

Edited by bobneedhelp
avoid non discolsure
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WELL DONE.

1 Cabot are easy dont worry about them. There is a whole fan club on here. Will point you in the right drection.

 

2. Barcalycard/lowell. This is probably the chrging order as it is the same comapny. That one X20 has advised on above.

 

Keep going

olives xx

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Thanks for detailed instructions x20

- having to read many time to understand what I have to do

- I will open all remaining letters, post it here and see if i can locate what you ask

- IF I CANNOT LOCATE IT, THEN WHAT DO I DO?

 

opened letter 3 - march 2008 - red debt

creditor - barclaycard ( same as letter 4)

states - Pre Litigation Dept, Final Notice

..our agent failed to make contact and will instruct legal department to review your account

..may involve commencing legal proceedings -

1.instruct bailiff who may remove goods should debt not paid in full

2.deduct payments via attachment of earnings directly from employer

3.obtain a charge on your property

4.obtain payments directly from your bank account via third party order

5. requests attendance at court for examination of financial means

A final attempt to resolve this matter, you MUST act now .

 

opened letter 4- May 2008 - red debt

creditor- barclaycard

as you continued to persist with non-payment of debt..

.your account fast track to approved debt collection specialist who will contact you to negotiate a repayment plan

- we want to bring resolution as amicably as possible

 

opened letter 5 - Claim form

Northampton (CCBC) Claim no: xxxx date April 2008

claimant Lowell Portfolio will send this to you X20 in PM or do i post this one here?

 

Thanks Olive ..my hands are wet and shaky but i am opening the letters ...it hard but i can do it ...

Edited by bobneedhelp
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You are doing really well Bob.

 

Barclaycard again are easy. I owed them £300 went for the charges and they now owe me £100.

 

Once the letters are opened and you have decided which way to deal with them then we will help you with letters to these people telling them your plans. That should control them more and you wont really hear that much from them

 

Once again you are doing so well. So far this is ll manageable from what I can see.

 

olives xx

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Good work Bob. Letter number 5 is the vital one. It will give all the answers to the questions I asked under [4] to [7] above.

 

Give me the answers to [4] to [7] in a new private message to me.

 

Keep on searching for the letter which gives the information at [1] to [3]. It will be a letter delivered in the last month.

 

x20

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I have not managed to locate letter from land registry - my nephew has resent it back - sigh! what do i do now? if i do not even have this letter as you stated...

 

opened letter 6 - April 2008 Cope's

Registered county Court Judgement

Client - Arrow Global Ltd

debt value -xxxx

Claim ref - xxxx

copes ref - xxxx

 

write on behalf of client, failed to discharge our client's claims. have applied for CCJ to be registered against you and will remain on Public Register for a period of 6 years, if nothing received within 7 days, seek enforcement which may include one of the following-

1. insolvency Proceedings

2. Bailiff/Sherriff

3. Attachment of earnings

4. Charge on Property

5. third Party Debt Order

6. Injunction to Freeze Assets

Edited by bobneedhelp
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Help requested please.

 

I have drawn up the application for Bob to submit to the court in order that he can apply to set aside the default judgment.

 

I can not see there is a facility to attach a pdf to a private message. Is there a facility?

 

If there is no such facility, I propose to submit it to the thread and to then delete it once Bob has confirmed to me that he has succesfully downloaded it. But I do not want to do this if I will be unable to delete it once it is posted to the thread. Will I be able to delete it?

 

x20

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