Debt collection hell, need advice & someone to talk to...

[Perniketree]

Oh, forgot to say I have just sent a payment of £10 to dlc (as per judgement order to Black Horse)

[42man]

Keep sending the payment to them, then you are continuing with the CCJ.....however I would still send the SAR to the original lender to reclaim the excessive charges....

[Perniketree]

OK I understand that, but what do I do about this latest letter, threatening me with enforcement of Judgement please? Is it up to me to supply them with the Court details?

[42man]

Judgment has already been granted on this, if they took it back to court, then it would be an unlawful and vexatious action, as you have not erred from your previous CCJ...!!

[Perniketree]

I'm so sorry 42man - you must think I'm an absolute idiot - but do I reply to their letter or just ignore it? In their previous letter they asked me for the Court details, (which I ignored) and now this latest letter with the enforcement threat! I kinda thought they cannot take me back to Court, as I have NEVER defaulted on the payment, that's why I checked to see if they have banked my first cheque to them (which they did on 5th Nov), but I'm worried about ignoring the letter and then someone turning up on my doorstep.

 

Sorry to keep troubling you.

[FunkyFox]

Hi, I've had a quick scan through your thread so appologies if I've missed something. In your first post you mention that the debt has already been enforced by way of a charging order but has subsequestnly been sold to Hillsden?

 

I would check with Land Registry to make sure it was correctly registered as it seems very odd for the original creditor to sell a debt which is the subject of a charging order? Imagine if you will that you arrange to pay a DCA £x per month (or worse make a full and final) and then 10 years later try and sell your house only to find that the charge for the same amount is still there and not reduced a single £1. Can you imagine trying to sort that one out (worse still what if the DCA had gone out business by then!).

 

Again, if I have misunderstood, then appologies, if not you need to sort out who is the beneficiary of your charging order asap.

 

Good luck, FF

[Perniketree]

Hello FF and thank you for replying. 42man (as you can see) has been advising me, but I think he may have given up on me for being such a dummy! Black Horse originally took me to Court to put a charge on my house (which they did), after ignoring all my please to reduce the monthly payments, I hasten to add! I offered payments of £10 per month and the Judge told me that if I were to fail to pay, hte order could be enforced. My payments are due on 14th of month, but I choose to pay at the beginning of month, and I have never once failed to pay Black Horse. Then the letter from dlc arrived - I wrote the letter advised by 42man, I received a letter asking for the Court details (I think that's posted on here) in the absence of a response from anyone, I didn't know what to do, so I ignored the letter, I then sent a payment of £10 (they cashed cheque on 5th Nov), I have now received another letter:"You have failed to respond to our letters or telephone calls.

 

We intend to enforce Judgement by applying to the Court for a Warrant of Execution which could result in the Bailiff entering your property to remove goods to the value of the debt.

 

This course of action may be avoided by calling us today on to make a payment."

 

Now, Seaside lady advised me at the beginnning of my thread NOT TO PHONE THEM! 42 man has today said that if they take me back to Court it is illegal - but what I need to know is shall I reply to their threatening letter and WHAT SHOULD I WRITE. I have not yet sent the advised SAR, but if you look at the letter 42man advised me to write, I chose not to do that at the moment. I'm so worried about this, my daughter is giving me grief about it, saying I should apply to the Court for a copy of the Judgement and send it to dlc, but won't that be playing into their hands, and if I don't do something quickly, I will have people knocking at the door. I am disabled and don't need this sort of hassle - why did Black Horse even sell them the debt in the first place, it was going along quite well, I have been paying £10 per month for about two years now I think.

 

I know I am a dummy, but please try and advise me a little more in depth about the reply to them.

 

Many thanks

[FunkyFox]

Hi again,

 

Firstly please don't think you are being a dummy. Finding yourself in these situations can be very overwhelming and intimidating, you are perfectly within your rights to feel a little out of your depth. Don't worry, in a very short while (and lots of reading) you will feel sutably in conttol and empowered.

 

Secondly, I think I can reassure you that 42man has not given up on you at all. Although it may not look like it at times many of the folk on CAG have lives too and offer help and advice as and when they can. He'll be back I promise

 

Regarding your specific issue, you have been given lots of advice, by a number of different people, but from reading your thread I can see perhaps why you are a little confused. I have absolutely no desire to confuse matters further but I will add my thoughts, I hope they help.

 

If you are positive that the Charging Order was made final and the terms of the order were that you paid £10 per month (which you have done without fail), I find this very strange to be honest.

 

Technically there is nothing to stop a claimant enforceing a ccj/debt through other means (an attachment of earnings or baliffs) once they have a charging order but I have never heard of this happening personally, especially as you are making payments to the creditor too. As 42man correctly states, what Hillsden can't do is start another action for the same debt. That would be unlawful.

 

The advice to never talk to DCA's (particualrly) is usually very sound, however IMHO, sometimes, particualrly if you feel you have been wronged and you have the info to get it sorted, I have found it can help to call, take control of the conversation and get it sorted. That must be your call but a call to the original creditor, then the DCA followed up in writing could get this sorted very quickly.

 

The main issue is this. If you are now paying Hillsdens, Black Horse will almost certainly still be the beneficiary of your Charging Order. They have assigned (sold) the debt to Hillsden for a fraction of the face value. You then pay Hilsdens for 10 years say and then one day decide to move. You will soon discover that the charge on your property is for the same amount as it started out as.

 

None of this answers the question, what do I do now....Well if you dont feel confident in phoning to get it sorted out you could send a letter which goes something like...

 

I refer to your letter of .....

 

This matter was the subject of a CCJ from xx county court dated xxx, case number xxxxx.

 

On xxx a Final Charging order was granted in respect of my property and I have been making payments of xx per month as required by this order, without fail ever since.

 

In light of the above I am at a loss to understand why this account has been passed to you. Any attempts to bring legal proceedings in this matter, which has already been judged upon, will certainly be treated as unlawful and an abuse of process.

 

I am not in the best of health and am registered disabled. The way this matter has been conducted has caused me considerable stress and upset, something I could well do without. I trust I can rely on you to investigate this matter fully and provide a full written explanation within 7 days. I am particualry interested to know who is now the beneficiary of the Charging Order on my property? In the meantime I expect all further corrspondence to cease until this matter is resolved to my satisfaction.

 

If you choose to ignore this letter and my dispute, I will have no option but to bring this matter to the relevant authorities including, but not limited to, the Financial Ombudsman Service, Trading Standards and the Office of Fair Trading.

 

I look forward to hearing from you.

 

As I said this is only my advice/opinion, as it all the other adive on your thread. This is what I would do, but you must do what is right for you. Any questions please do just shout and I or others will help out.

 

All the best, FF

[42man]

Good advice Foxy and TY.....as this debt has already been to court it is unlawful to take it back to court again, and I would hope that you would defend any potentital action, they may be trying to scare you into paying....keep paying the £10 as per court order, and keep all your paperwork safely...

 

Do you still have a record of the judgment ?

 

In my opinion, you shouldn't have to verify all these things, if Lloyds are going to throw this around then they should provide the DCA with all the relevant paperwork. In fact as they have judgment on this, i'm surprised they have sold it on....

 

In fact it might even be worth, sending that SAR out to Lloyds...

[trooper68]

I have had the same issue. CCJ Dept sold on.

 

On working through this I have found out I was not sent a Letter of Assignment.

 

The Collection company did not have any details of the CCJ, no number, nothing.

 

I also found out that the new colloctors must be verified by the court, I was advised to sent a letter to the court explaining the issue along with a copy of the named CCJ colloectors statment and ask the court to submit this in to the case. As the old collection copy refused to take any payment, in effect the CCJ had defaulted, but, not through my fault.

 

It seems there is a common thread to all the collectors buying accounts. I think they try to bully people in to paying more. Thanks to this site i've got on the right track. The CCJ I got was down to the loan company had taken money from a DD early, what we did not agree, then called the loan in. The Judge was not intrested at all, one thing I have learned from it, is that the Judge will ALLWAYS follow the law to the letter, even when he knew they was at fault. Good Luck:)