Advice

[builerpaul]

have just found out that my sister has got very badly in debt she has 2 county cort judgements one from capital one for the full amount and one from egg for a partial amount (Brian Carter) , and very threaterning letters form a solicitor on behalf of barclays saying they are taking her to court and want to obtain a charging order on her house.

 

She was suffering from depression at the time and was on medication , and as such cant remember receiving the court papers , at the time all "scarey letters" went from door mat to bin.

 

i also no she had a lot of charges from all above and has not tried to claim back.

 

i'm going to try and help her with the help of you guys, what is the best thing to do first off all ideally i want to try and get the judgements removed due to illegal charges on both cards and also the partial claim by Brian carter if some pne could point in the right direction just to get started would really appreciate it.

 

i no she's been a bit silly not telling anyone but she's come clean now and really wants to sort things out

 

 

Kind regards

 

Paul

[ScabHunter]

OK. To be honest it is going to be one hell of a job to sort this mess out.

 

The first absolute priority is not to allow the situation to get any worse. That means dealing properly with any impending actions.

 

You say solicitors are threatening to apply for a charging order relating to a Barclays debt. Has this one got a CCJ on it, as so far you've only mentioned C1 and Carter?

 

I assume your sister does own property, and that this is not just a giant bluff?

 

If there is a debt from Barclays, what type of account is it?

 

SH

[builerpaul]

cheers for the reply ,

 

The barclay debt is for her barclay card.

 

got me worried now as well hoped things were not that bad. she watched the panorama programme and she got really worried she might have to loose her house and i assured she wouldn't.

 

from what i have looked at on here found out if she didn't receive the papers from the county court you can ask for the the CCJ to be set aside but then the whole thing starts again,or ask if we can send in a form asking to pay a reduced amount.

 

she does own her own her home shred with her partner who knows nothing about her unsecured debt , they have a suspended reposession order on it , and have agreed to repay the debt at £200 a month and has done this for the past 1.5 years. they also have as secured loan on the house as well all payments up to date .

 

capital one judgement was for £650 , brian carter was for about £300 i could pay these off for her , but just dont no what to do. i have just sent off a SAC request to capital one and egg for all charges etc.

 

my main concern is her house ,dont want her and her family homeless , i really didn't think that could happen with unsecurred debt.

 

although i could see through most of the ****e on the panarama programme i really didn't think unsecured debtors could force the sale of a property.

 

any advice would be appreicted and really really needed.

 

paul

[ScabHunter]

It is very unlikely that the house will be lost.

 

Even when there are CCJs, creditors can only go for a charging order if the payments have not been maintained.

 

Forget about the Panorama programme. I didn't see it, but everyone I've spoken to who did said it was biased and misleading.

 

It is vital to establish whether or not there is a CCJ on the Barclaycard account. What you should do next depends very much on this.

 

SH

[surprise]

Perhaps you should do SAR's on both cards and see what charges you can reclaim when you get the statements and also exactly what documentation has been sent to her. This would hopefully give you more of a picture if they acted appropriately before going for CCJs.

[builerpaul]

there is no CCJ form barclaycrd she just has a final notice from Turnbull Rutherford Solicitors acting on behalf of HFO Services are (God knows who they are)

 

Will do a SAR for all 3 credit cards today.

 

As for the judgements she has no idea what she is supposed to pay paying for them , should we start paying something ?

 

Thank you for you help .

[spamheed]

A defence can be formed on the grounds that there was a previous medical condition which made her unaware of the process, and unable to act on her own behalf (as long as there is medical evidence to support the defence) also the fact that BC have acted illegally in the first place by splitting the claim.

 

It's always interesting when a judge hears of a creditor taking advantage of someone who is vulnerable. Of course their main duty is to ensure that justice is seen to be done, but they are well aware that vulnerable persons need to be assisted and not penalised when facing financial difficulties.

 

I would suggest involving your sisters local MP and if at all possible get the media involved as well.

 

If the Credit industry can use the media to scare people into paying debts, then surely it's only right that the same media be used to highlight shortcomings in the same system

[builerpaul]

Cheers for the reply , yeah there is evidence doctors notes and presecriptions for anti depressnats etc.

 

who do you go about defending a claim after the CCJ's have been awarded , thats where i want to start.

 

Thank you

[ScabHunter]

HFO Services are an extremely nasty debt collection agency.

 

Before you do anything else, I would send a CCA request to HFO regarding the Barclaycard.

 

Old Barclaycards do not often have an enforceable agreement, and if that is the case here, it will mean they cannot (or at least SHOULD not) be able to progress to court and get a CCJ, and without a CCJ they cannot try to get a charging order.

 

If there is no enforceable agreement, you are within your rights to stop paying them. If they get a CCJ, and it later turns out that there is no agreement, you will still end up paying because the court order will override this.

 

Also, once there is a CCJ, the alleged debt will not proceed to become statute barred. That is how important it is to frustrate this Barclaycard issue as quickly as possible.

 

Send off a CCA request to HFO Services today. Use Special Delivery, a £1 postal order, and do not sign anything.

 

SH

[ScabHunter]

The worry here is that you say you are not paying the judgments.

 

Did the court not order monthly payments?

 

This is the one case in which the property would be at risk - if a CCJ has been awarded and you do not make the payments.

 

If a CCJ has been awarded and you DO keep up with the payments, a charging order should NOT be granted (Mercantile Credit v. Ellis 1987)

 

SH

[builerpaul]

my sister said she didn't receive any notifications of the judge ments being awarded, and i can fine no paperwork concerning it.

 

i found a letter from Brian Carter saying something like you have failed to make the payments requested by the court and they have applied for a warrant for a bailif.

 

as for the c1 they said you have failed to pay the money the judgement awarded and they are requesting enforcement of the judgement.

 

sorry this so messy.

 

As for the CCA doi isend it to HSO or turnballs ?

 

Cheers

[ScabHunter]

I would send the CCA request to HFO Services as soon as possible. They are the DCA that this Barclaycard account has been passed to.

 

If you do this, there is a very good chance we can head this one off and prevent another CCJ being issued.

 

It is absolutely vital now that you get in touch with the court and find out what these judgments are.

 

If you have a CCJ against you, and you fail to make the payments, the creditors can go for a charging order. If the payments are maintained, a charging order should NOT be granted. Mercantile Credit v. Ellis 1987 is the relevant case.

 

Spamheed has made an excellent post above, and there may be ways of fighting what has already happened. However, the first step has to be to prevent any further damage, and to protect the property.

 

SH

[builerpaul]

i sent the cca to turnbulls at lunch recorded delivery , as the HFO adress was just a po box number, might send one there as well.

 

aslo going to fill out a N244 and try and get the C! set aside as she didn't receive the papers .

 

can someone point me in the direction of some who defended a claim by Brian Carter as the debt was split , so i can look at that as way of a defence.

 

thanks for your help guys.

[builerpaul]

Just an update please see attached letter from turnballs.

 

i submitted the cca request on the 15th November and chg was cashed on the 19th , i have yet to receive any respnse.

 

where do i go from here.

 

My ssiter can afford to pay £40 month but i advised her not to make any payments until we receive the credit agreement.

 

any advice would be appreciated.

turn.pdf

[ScabHunter]

Rather a presumptious little letter isn't it?

 

"WHEN we obtain judgment...." No mention of the word IF. And this is for an alleged account where no CCA has been produced!

 

They are peeing in the wind. Send them the account in dispute letter and then ignore them. Spend the £40 a month on something useful.

 

Only if they produce an enforceable agreement or issue court papers does anything else need to be done. With Sharklycard there is a very good chance that no such agreement exists.

 

Have you made any progress trying to sort the rest of the shambles out?

 

SH

[builerpaul]

cheers for the reply i cant seem to find that template letter can you point me in the right direction please.

 

As for the other stuff Brain Carter is all paid off but i'm sure they will start again with another judgement as the original was noyl for 10% of the amount.

 

Capital one we have a charging order case on the 7th january but she should be able to pay it off by then , just a question if those i supposed to take place in Bradford can i request it to be at my local court , a delay of a few weeks would help her out a lot.

 

Cheers for the help .

[ScabHunter]

Here is the usual account in dispute letter, courtesy of 42man -

 

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on **DATE**.(12+2 days after you sent the CCA request)

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

This limit has expired

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

 

I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I therefore request a copy of your official complaints procedure which you are obliged to supply.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully,

 

xxxxxxxxxxxxx

 

 

That is an interesting typo you've made there - Brain Carter. It is the first time I have ever seen anyone suggest that the words "Brain" and "Carter" belong in the same sentence.

 

SH

[builerpaul]

lol so didn't mean that typo, bloody dyslexia.

 

Many thanks for the template shall send off tonight and keep you informed.

 

Thank you .

[The GodMother]

if you write to the courts and advise that you want it moved to a local court then they will do. They will move it to your sisters local court.

[builerpaul]

Hey Scabhunter oro anyone else.

 

i Paid of my sisters Debt to capquest the day before a charging older hearing , both capqwuest and HFL solicitors confirmed that payment was received in full and this would be disclosed at the hearing and no action would be taken.

 

She received a letter on saturday confirming that a charging order had been placed on her property for the amount i had paid off the day before , cant believe that an order was made for a debt that had been paid all ready i can only assume they didn't reveal it as they wanted £250 more in solicitors costs , god i'm bloody livid.

 

How do i go about getting this order revoked and making a complaint ?

 

Many thanks in advance .

[sosumi]

Hey Scabhunter oro anyone else.

 

i Paid of my sisters Debt to capquest the day before a charging older hearing , both capqwuest and HFL solicitors confirmed that payment was received in full and this would be disclosed at the hearing and no action would be taken.

 

She received a letter on saturday confirming that a charging order had been placed on her property for the amount i had paid off the day before , cant believe that an order was made for a debt that had been paid all ready i can only assume they didn't reveal it as they wanted £250 more in solicitors costs , god i'm bloody livid.

 

How do i go about getting this order revoked and making a complaint ?

 

Many thanks in advance .

bump! :mad:

[The GodMother]

Hey Scabhunter oro anyone else.

 

i Paid of my sisters Debt to capquest the day before a charging older hearing , both capqwuest and HFL solicitors confirmed that payment was received in full and this would be disclosed at the hearing and no action would be taken.

 

She received a letter on saturday confirming that a charging order had been placed on her property for the amount i had paid off the day before , cant believe that an order was made for a debt that had been paid all ready i can only assume they didn't reveal it as they wanted £250 more in solicitors costs , god i'm bloody livid.

 

How do i go about getting this order revoked and making a complaint ?

 

Many thanks in advance .

 

 

Speak to the courts that have been dealing with this as they will know if what form i am going to advise u to use is correct but here goes.

 

FORM N244 http://www.hmcourts-service.gov.uk/courtfinder/forms/n244_e.pdf

 

Part3

you are appealing for the judgement to be set to one side as you had made payment of £ XXXXX on xxxxxx. Capquest and HFL sols had confirmed this alleged debt is no longer in existance and that he payment would be mentioned in court on XXXXX and that they would tell the courts no further action to be taken.

 

Part4

I will post in a bit.

 

Part5

i would say with hearing as a lot of judges are putting cases for hearing even if they applicant is saying no need.

 

Part6

hearing time estimate 1 hour max and no its not agreed with both parties.

 

Part7

None

 

Part8

District Judge

 

Part9

capquest and HFL sols

 

Part10

 

I would say the attached witness statement, u would do it as you paid it and evidence set out in box below being any proof of payment like CC bill or Bank statement etc.

 

then your sister just needs to sign the statement of truth.

 

Now i think you have said your sis is on benefis b4 so she will need to complete a ex160 http://www.hmcourts-service.gov.uk/courtfinder/forms/ex160.pdf

 

part 1

 

Is pretty self explaintary

case number as in court claim number 8 AB 123456.

Form number N244.

Claimants names these would be th ppl who have issued a charge against your sisters house. As in HFL sols/Capquest.

Defendant your sister.

 

Part2

Self explanatory

 

Part 3

You need to list what benefit your sister is on.

 

Part4

Benfits weekly amount X52 is what they want allso to know if it is based on single or couple rate and what kids your sister has

 

Part 5

benifits x4 in net income then add any child benefits and dla she gets then take out payments she makes toward the monthly expenses parts DONT enclude food and toiletries and gas ele costs.

 

Part6.

She can obtain a refund if you pay the fee for her but you will need the recipt and claim within 6 mths.

 

Part7

 

Tick all boxes

 

Part 8

sign and date.

 

Forms then done but remember to take to courts and obtian some type of signatory proof of recipt.

[The GodMother]

Draft order

 

1) The charging order placed on

on is removed with immedaite effect.

 

2) Capquest and HFL solicitor will issues written appoligises within 7 days of the date of the Judgement for the stress, hassle and placing of charging order on property when the debt had been paid.

 

3) Capquest and HFL Soliciors will pay there own costs.

 

4) within 14 days of the Judgement HFL ols and Capquest will pay £100 compesation for the stress and hassel she has had due to this.

 

5) all information will be removed from credit file as the info is incorrect.

 

See how this souds to others.

 

If anybody thinks i have gone OTT on this draft order then please say but please remember the defendant has 14 days to appeal judgement

[builerpaul]

Thank you for the time that must have taken you , it reads very well .

 

i will phone the court this morning and make sure i can use the mentioned form .

 

once again thank you for your help.

[The GodMother]

YW.

 

I just thought it would save time asking lots of questions u may want to wait to see if anybody else has a view on what i put.