VG - Vs Northen Rock - Charging Order

[Von Greenbach]

Can I ask, do you have children and if so how old are they?

No rory, just me & my OH.

[rory32]

How is the property owned e.g. are you joint tenants or are you tenants in common?

 

Joint tenants is where the property is owned by you both but neither of you own a particular share in the property. In this situation it is just normally assumed that each person owns half the property.

 

Tenants in common is where the property is still owned by both of you but the share in the property is defined. For example it could be a 50/50 split or one of you could own 10% of the property and the other one 90%. So to put it another way tenants in common is where you both have a predetermined share in the property.

[Von Greenbach]

Hello rory

 

We have a joint mortgage, should either one of us pass on, the other becomes the sole beneficiary.

 

I believe this is our situation:

Joint tenants is where the property is owned by you both but neither of you own a particular share in the property. In this situation it is just normally assumed that each person owns half the property

Edited November 19, 2008 by Von Greenbach
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[supasnooper]

Hi V G,

 

And apologies to rory32 for interupting your train of thought on questions.

 

Just to re-enforce what rory32 has stated - "Sale orders after a charging order are very rare and judges will only grant them in exceptional circumstances. Judges really don't like granting them and if you are making an offer to pay the charge then that strengthens your case."

I was told this earlier in the week by a Judge at my OH's Redetermination\Charging Order hearing.

 

Are the hearings for the Redetermination and Charging Order being held together ?

 

How many other creditors do you have ?

[Von Greenbach]

Hello Supa

Are the hearings for the Redetermination and Charging Order being held together ?

I don't fully understand what's taking place, I know NR were granted an Determination or something, and it's that what I've appealed against, I'm waiting for a hearing now.

How many other creditors do you have ?

In total we have 10 creditors, this breaks down as

 

2 Overdrafts - so excluded from CCA

 

2 DCAs unable to produce a valid CCA

 

6 Creditors / DCAs which are loans / CC / store card debts.

 

We are paying ALL 10 creditors via CCCS

[supasnooper]

Ok V G,

 

thanks for the answers.

 

(Apologies to rory32 if I appear to be stepping in, please feel free to kick me out of the way )

 

 

I see you have applied \ appealed to the court for redetermination and it should be held at a local court.

Call the court that you sent your redetermination appeal letter to see if they have received your request.

 

Have you received any correspondence from Northern Rock or Land Registry informing you of an application for a Charging Order ?

[Von Greenbach]

Have you received any correspondence from Northern Rock or Land Registry informing you of an application for a Charging Order ?

At this stage no.

 

May I ask another question, NR have been granted a CCJ against me when they were granted the determination, I was not aware of this, however, I'm receiving spam mail from various companies informing me of my CCJ (this is how I became aware I had a CCJ)

 

These companies are offering "Financial Advice" I'm registered with MPS (Mail preference service) to stop junk mail, are these companies allowed to send me mail?

[rory32]

These companies are offering "Financial Advice" I'm registered with MPS (Mail preference service) to stop junk mail, are these companies allowed to send me mail?

Not really. I would make a complaint to MPS. Here's how to complain MPS Online Registration

 

These sort of companies are nothing better than ambulance chasers in the main who will search the register for people with CCJ's and "help" you for a fee. Many of them are just cowboys out for a quick buck preying on people in vunerable situations.

[Von Greenbach]

rory, thank you for the link, I'm going to register my complaint with them, the first letter I just ignored, however the second letter from a different company is not on.

 

Many thanks.

[Von Greenbach]

I'm requesting my CCA on this a/c, do I send my request to NR or Eversheds who are the solicitors acting for NR.

 

Edit: I'm not signing the CCA request, but can I type my nmae or do I actually have to print it?

Edited November 23, 2008 by Von Greenbach
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[supasnooper]

Hi VG,

 

The CCA request goes to Eversheds.

 

Just type your name.............there is no need to sign it or actually print it.

 

And send Recorded Delivery.

[Von Greenbach]

Hi VG,

 

The CCA request goes to Eversheds.

 

Just type your name.............there is no need to sign it or actually print it.

 

And send Recorded Delivery.

Yo Supa

 

Ta, do I need to send recorded delivery if I'm including a postal Order?

 

I'm sending 6 CCA requests, recorded delivery could work out quite expensive.

[supasnooper]

Hi VG,

 

I know the cost of sending by Recorded Delivery is quite expensive but what you get for this is a trackable form of delivery ( You can check this on www.royalmail.com, click on the "track & trace" and enter the number ) and a copy of the signature to confirm its delivery.

 

They can't deny that they never received your CCA request then can they ?

 

Alternatively, if you cannot afford to go for Recorded Delivery, you could take your CCA requests to the Post Office counter and ask for a "Certificate of Postage".

 

Any letter posted to a company holding a Consumer credit licence is deemed served (delivered) after 2 days using a 1st Class stamp or after 4 days for 2nd class stamp.

 

Hope this explains your question.

[Von Greenbach]

Alternatively, if you cannot afford to go for Recorded Delivery, you could take your CCA requests to the Post Office counter and ask for a "Certificate of Postage".

 

Any letter posted to a company holding a Consumer credit licence is deemed served (delivered) after 2 days using a 1st Class stamp or after 4 days for 2nd class stamp.

Hey, WoW

 

I've never heard of this before, is it free of charge?

 

What is it exactly, do I just hand over the sealed envelope (6 of them) to the postmaster?

 

Sorry if I sound thick here.

 

I was going to go for a stroll later and put them in the post box, should I go to the post office instead tomorrow?

 

I tried to give you some rep points, but it's told me to be generous with others first!!!!

 

It keeps saying that to me!!!

[supasnooper]

Yep, give them the envelopes at the Post Office counter , and ask for a Certificate of postage........and it's FREE ; well except for the cost of the stamps.

 

No worries about the rep points, just keep reading the forums and keep on learning.

[Von Greenbach]

OK, I'm going to do that, just for my own benefit, is the mail treated like "Recorded Delivery" if so, what's that point of paying for RD?

[Von Greenbach]

Forgot to ask, do I tell the postmaster they are CCA?

[creditcardmug]

I know this method is a lot cheaper, and you get proof of postage, however, im pretty sure you dont get proof of delivery.

 

To be honest, the royal mail these days is a joke, the only reliable method with them is Special Delivery, which costs over £4 per item, i only use it for very important docs, the next best thing is recorded signed for, i think about £1.40, which should get there, but its a lottery as to whether you can get confirmation.

 

No you dont tell the postmaster what your letter is about.

[Von Greenbach]

I know this method is a lot cheaper, and you get proof of postage, however, im pretty sure you dont get proof of delivery.

 

To be honest, the royal mail these days is a joke, the only reliable method with them is Special Delivery, which costs over £4 per item, i only use it for very important docs, the next best thing is recorded signed for, i think about £1.40, which should get there, but its a lottery as to whether you can get confirmation.

 

No you dont tell the postmaster what your letter is about.

Thank you CCM, I nearly called you CCA

 

OK, well I've never used this facility before, so just for a test, I'm going to give it ago.

[supasnooper]

I do agree with what CCM has said to a degree...................but isn't it funny how Banks and DCA's mail is always delivered

 

As several people have pointed out in other threads, companies stating that they have not received a letter from you is NO defence and vice versa.

 

By the way, the cost of 1st Class Recorded Delivery is £1.08

[Von Greenbach]

How up to date are NR with the prescribed terms in a CCA?

 

I've read on here about some companies like EGG for example as one company who are almost 100% perfect with CCA, compared to other companies who seem a little "careless" curious where NR fall.

 

The reason I ask, NR are in the process of taking legal action to try and obtain a CO, I've requested my CCA from Eversheds for this personal loan which is around 18 months / 2 years old.

[Pipster2797]

If it is a personal loan and not one from a together mortgage I would say it will be enforceable but for the sake of £1 I would request it anyway.

 

Mine was enforceable but I didn't realise they had PPI on it. It was all front loaded with interest and an £11,000 loan went up to over £21,000 with the PPI and interest. I've now been paying a higher amount and the loan is around £14,000 outstanding but minus the PPI and interest for it I will have just under £7k left. So I'm reclaiming it.

[Von Greenbach]

Pip, it is a personal loan, and yes, I have sent of my CCA request.

[Von Greenbach]

Just an update, I've had my court date come through, the thread got a little side tracked so to update any new viewers, this was initially about Northern Rock trying to obtain a CO against my property.

 

I don't have a clue what's involved when I see the judge, is there anyone who has been in a similar situation who can offer any advice, it states on the court papers time allowed for hearing “5” minutes.

 

I'm extremely apprehensive to say the least.

[supasnooper]

Hi VG,

 

Have a read again of the link posted at #11 by rory.

 

I'll provide further details of what happens in Court later as I'm rather busy at the moment.

Edited November 26, 2008 by supasnooper
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