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dlc threatening action re charging order


Shelldon
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Briefly, had unsecured loan in 2004, £4,000, from ........ came out of work and fell behind with payments, ........ applied for CCJ with court, agreed mthly payment of £50 from partner but did not request payment from me. After 6 mths of payment they applied for a charging order saying I had not been paying my £50.

 

Sadly, I did not challenge this and the charging order was placed on our property.

 

The property is currently in negative equity so even if it is sold there won't be enough to cover the remainder of the mortgage.

 

Today I have received a letter from DLC collection agency informing me that they will take Enforcement action for the remaining balance of £6xxxx I need to contact them within 5-7 days or they will be passing the matter to their solicitors to decide which method of enforcement they think best and they will be charging £25-£65 per enforcement.

 

Please advise

Thanks

Edited by Shelldon
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Hi there,

 

Welcome to CAG.

 

I'm sorry to read of your predicament.

 

Do you still have the letter from the Court which will have stipulated the monthly payments ?

 

Please re-read it and see if states that you and your partner must pay £50 each.

 

I am presuming that the £50 is still being paid ?

 

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Briefly, had unsecured loan in 2004, £4,000.......(snip)......for the remaining balance of £6xxx.xx. I need to contact them within 5-7 days or they will be passing the matter to their solicitors to decide which method of enforcement they think best and they will be charging £25-£65 per enforcement.

 

Please advise

Thanks

 

:)

 

1) Was the amount of the judgement in the CCJ (not the Charging Order) less than £5K, and what month and year was the CCJ.

 

2) Was the amount of the interim charging order less than £5K?

 

3) Was the amount of the Final Charging order more that £5K and what month and year was it?

 

4) Was there on ANY of the claims (CCJ or either Order) mentioned a claim for interest?

 

If you have the claim to the CCJ check that first, ignore the Charging orders for now.

 

I *suspect* you have been lumped with interest on a CCA agreement. If you have, it *possibly* means that you have a challenge to the CCJ - which if allowed will collapse the Charging Order.

It could be that the oafs have just realised this - hense their haste to bolt you up.

 

Take your time, you have plenty. Someone will be along to tell you how to CCA, CPR and SAR their sorry tailpipes shortly ;)

 

If you have lost the paperwork, phone the court that passed the CCJ and get copies of ALL paperwork they have on the case number (you are entitled, and dont have to pay for it)

 

 

EDIT YOUR POST to change the amount you owe (like I have) - its an identifier for the clods from the opposition :)

Edited by Last of the Mohicans

In knowledge lies wisdom

 

Mo - not even a bar-stool lawyer, but I'll help where I can...

 

 

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Thanks to all that responded, in answer to the points raised;

 

We were sent an Income/Expenditure forms to complete which we did jointly.

 

I still have letter from court that stipulated the mthly payments it was addressed to my partner only, I stupidly assumed that the £50 requested counted for joint payment.

 

Five weeks later I received a letter from the court informing me that I had not replied to the claim form and that I must pay the claiment the full debt.

 

I was unable to carry on paying the £50 payment due to my job loss and assumed once it had gone as a charging order once the property was eventually sold the debt would be paid in full. My property is currently on the market and has been since July 07 with no interest.

 

The judgement was for more than 5K and it was August 07.

The intrim charging order was more than 5K.

The final charging order was more than 6K.

The claim says interest to date of judgement & £XXX.xx for costs.

 

Thanks for all advice received I would be grateful if there are any more ideas out there.

 

Shelldon

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