Weightmans want me to consent to a charge!

[bladeboy]

Had a letter from Weightmans today virtually bullying me into accepting a voluntary charge on my property. Along the lines of 'accept it because we'll get on anyway'. Have already CCA'd them and unfortunately they have provided a seemingly valid agreement so I was getting round to offering pro-rata payment in any case.

 

They also threaten all sorts and from the tone of the letter it seems as though they think the Red Sea will part for them in any proceedings they choose to undertake.

 

Will upload the letters here. Any thoughts on a response anyone?

 

Also attached is a financial questonnaire. To me, it appears to be massively intrusive and I don't think they're entitled to most of the information.

 

With regards to both of the above, is it a case of them 'trying it on?'

 

 

 

 

[flyingdoc]

Tell them to go charge themselves.

 

If they were that certain of getting the charge then they would have gone ahead and done it already

 

can you post the CCA so we can get it checked (unless you are certain it is complient)

 

are the debts yours or joint?

 

If they are yours then your partners details are none of their business.

 

In a Income Expenditure form I would simply list money in and money out.

 

The rest of the details are none of their business.

 

This is only my opinion and I have been wrong before so wait for another opinion before acting on anythin I have said.

[fedup74]

Voluntary charge- err I don't think so. They would have to take you to court first to get a CCJ. You would then need to default on the CCJ before they could apply for a charging order- why make it easy for them? They certainly don't make your life easy so say thanks but no thanks for the offer or if you are feeling brave- Blow it out of your ar*se:D

[popeye1]

I have got a sim letter ,what about the threat of bankruptcy

[flyingdoc]

Bankruptcy is an empty threat in most cases - if you go bankrupt most creditors end up having to accept much less in settlement than they would get if you pay them.

 

I personally have negotiated more favourable deals with creditors using what my friend calles the blazing saddles defence (you may remember the black sherrif holding a gun to his own head and saying anyone comes near and Ill shoot)

 

Im sure there will be cases where they WILL enforce bankruptcy but my personal opinion is that they threaten it far more than it would ever be enforced by the courts and they actually want it far less than that.

[bladeboy]

Well, went to see an insovency solicitor who explained that BK would be the best option for me.

 

The property is in roughly minus 10 grand negative equity and falling fast. I have no other assets to speak of. Car is on finance and owe more than it's worth.

[bladeboy]

If anyone has some form of a letter template, or link to one, reference refusing a voluntary charge then I'd reall appreciate it.

 

Ta

[popeye1]

Its hard graft fighting these bs sometimes but they can be beat,the letter i got scared me very much but after reading here i am chilled .

Do as flying says and post the CCa it might not be complient,worth a try

[42man]

If you really think bankruptcy is the only way out BB, then I would write to Weightmans refusing to accept a voluntary charge, but state that you would welcome the opportunity for them to make you bankrupt, before doing this give the national debtline a call - National Debtline – Free, Confidential Debt Advice – Call 0808 808 4000 it is free and their advice is impartial......, BR really must be a last resort, and it should never be forced on anyone.

 

Write

 

Dear sirs/madam

 

Many thanks for your letter dated XXXXXX the contents of which have been noted, I will refuse a voluntary charge at this stage.

 

 

Have you any excessive charges ?

Are the defaults compliant ?

[palomino]

The property is in roughly minus 10 grand negative equity and falling fast. I have no other assets to speak of. Car is on finance and owe more than it's worth.

 

In which case a voluntary charge or even a charging order would be meaningless.

My personal approach (but I don't like Weightmans very much) would be to let them spend as much money as possible on court fees, etc. and then go bankrupt. But you have to be very sure you are going to go bankrupt.

 

In any case a voluntary charging order is replacing an unsecured high-interest debt with a secured high-interest debt. If they want to secure the loan against your property get a binding commitment from them that all interest charges will cease.

 

If you go the other route of letting them claim in the County Court ensure you submit your income and expenditure and make a proposal for regular repayments at a level you can afford. If this is included in the judgment and (important) you keep making the repayments then you won't have to worry about a charging order. But all this is some way off yet.

[Kraken1]

voluntary charging order - advantage that you can specify the terms, no interest, no order for sale.

 

Disadvantages, its a charging order...

[blind-as-a-bat]

In which case a voluntary charge or even a charging order would be meaningless.

My personal approach (but I don't like Weightmans very much) would be to let them spend as much money as possible on court fees, etc. and then go bankrupt. But you have to be very sure you are going to go bankrupt.

 

In any case a voluntary charging order is replacing an unsecured high-interest debt with a secured high-interest debt. If they want to secure the loan against your property get a binding commitment from them that all interest charges will cease.

 

If you go the other route of letting them claim in the County Court ensure you submit your income and expenditure and make a proposal for regular repayments at a level you can afford. If this is included in the judgment and (important) you keep making the repayments then you won't have to worry about a charging order. But all this is some way off yet.

 

 

A word of caution If the court procedure has started forr the charging order before you go BR then it may still grt pushed through, thus securing a debt that should be in the BR against the property.

 

This is obviously wrong, but i know two people it has happened too, and there faceing a brick wall with both the IS and the courts to get it overturned, so best not to let it get that far in the first place IMHO

 

Let them issue the court summons by all means but go Bankrupt before the hearing/judgement, then use that certificate as a full defence;)

[palomino]

Good advice and clarification!

[creditcardmug]

Subbing

[bladeboy]

OK, here the credit agreement they sent but they only sent a copy of the front page. There are no T&C's.

 

Not sure that I've had a default notice either.

 

[bladeboy]

I have just checked my correspondence file and there are references to 'administration charges' from the original creditor too.

 

What to do now? Bog you can't have a voluntary charge and SAR them?

[bladeboy]

OK, here's the default notice, as it stands, refering to the account. How does it look?

 

If I've left too much info on the please feel free to remove.

 

[blind-as-a-bat]

that default only leaves 14 days between writing and action required by so is invalid as it doesnt allow time for service, the agreement does not comply with the CCA request until the T&C,s are produced so the account is still in default so cant be enforced, it states they should be overleaf.

[bladeboy]

Does the invalid default notice result in non-enforceable? Should I tell them this, or hang on to it?

[blind-as-a-bat]

It means HFC dont have the right to demand the full amount, as they would if they started legal action, it doesnt make the agreemant unenforceable as such.

 

I would keep it to yourself though for when or if they start legal action

[blipvert]

Hang on a mo. If your property is 10k in negative equity and you have no other assets then what would BR achieve (bear in mind your property might well be sold at auction and attract a discount). The first charge is the mortgage provider, they'd take all the proceeds of the sale.