First Response Finance interim charging order

[scooterist007]

Hi I am so worried right now, I owe first response finance money, they havnt hassled me or anything and i have buried my head in the sand which i know isnt the right thing to do, but today i got a letter from them with somthing from the county court and land register, it states that a judgement or order was given on the 26th Feb 2009 and ordered me to pay the money, I have not heard of any of this before, and the application is going to be in court on the 27th April 2009, now the thing is, my ex wife got the same letter, and she is not happy, we have split up and the house is now sold, now im worried that the house sale will fall through cos of this, we have signed the land register change this week infact, so could this affect the sale of the house?? I dont know what to do about this and we have nearly completed on the house sale, I cant loose the house sale as the house has been on the market for 15 months. please can anyone help or advise what to do please?

[Toulose LeDebt]

You state you haven't moved recently. Were Court papers ever served on you at your address?

 

Any chance you could scan the letter being careful to blank out personal details so people can see exactly what FR are saying?

 

It's a little unclear from your post as to whether they have already been to Court or whether they are intending to go to Court.

 

Also first response do car finance don't they? Is this for a car and was it a loan or hp. How much was paid/owing etc.

[Patma]

Hello Scooterist007,

Sorry to hear of your problems. Did you definitely get no correspondence regarding court action prior to this?

If poss can you scan in the letters you got today (covering up all personal info) so that you can be given some good advice based on all the info.

I'm no expert but there are plenty of people here who can guide you in the right direction.

[debt4get]

if they have obtained an interim charging order this will in no way affect the house sale, if the judge grants them a final charging order all that will happen is when the house is sold the profits from the sale will go to the creditor for however much the debt is hope this helps

[scooterist007]

Hi thanks for the quick response guys, right I havnt moved for over three years and the loan was for a car, I didnt recieve any court papers except for this today, I dont think am getting all my letters, I am seeing somebody else and she has sent somthing through the post and i never got it, then she sen something via recorded delivery and was sent back stating 'does not live here' I also havnt recieved and tesco clubcard letters for quite sometime so I know I'm not getting all my mail! I cant scan the order as I havnt got a scanner sorry,

the interim charging order says:

 

on 10th march 2009, district judge considered the application of the claiment ('the judgement creditor'), from which it appears:

a) a judgement or order given on 26th feb 2009 ordered the defendent ('the judgment debtor') to pay money to the judgment creditor;

b) the amount now owing under the judgment or order is £6,133.32 (including any interest and costs); and

c) the judgment debtor is the owner of, or has benificial interest in the asset described in the schedule below;

and the court orders that

1. the interest of the judment debtor Mr (me) in the asset descrbed in the schedule below stand charged with payment of £6,133.32 together with any furthur interest becoming due and the costs of the application.

2. the application will be heard at 12.00pm on 27th april at (my local) county court when a judge will decide whether th charge created by this order should continue (with or without modification) or should be discharged.

3. the claimant is to serve: (i) the judgment debtor (ii) the co-owner or other trustees (iii) all known creditors

 

the schedule

the address of the land or property charged is (my address) the title to which is registered at H.M. land registry under title No. (my place)

 

 

 

there is also a application for charging order on land or property and a copy of the land registry

 

the loan was for a car that was £3000 ish and i had paid for over a year before getting into trouble.

 

hope this helps in absence of a scanner

[debt4get]

what appears to have happened is these people have managed to get a ccj against you and have then gone down the road that many dca's are doing now by obtaining a charging order on your property, I notice there is a hearing on the 27th april... YOU MUST Attend if you dont the other side will get exactly what they want by default, if you attend at least you can argue about the amount owed. if in the meantime you have actually finalised the sale of the property before this date and have exchanged contracts, then what will happen is the 6 grand will automatically be given to the courts due to the charging order on the property, your solicitors will be aware of the charge when the house searches were done or are being done

[Patma]

I think there's a process for asking for a judgement to be set aside if you didn't know a hearing was taking place. It might be worth ringing the court and asking about this. Also there will be people on here who can tell you whether that's a possibility.

[debt4get]

the problem will be the court will insist that they sent the court papers to you, and as I know to my cost because the same thing happened to me, is that because I only found out about it when charging order came through, the court said they found it strange that I now recieved the mail but didnt earlier, they will not accept it as an excuse unless the papers were actually returned to the court 'with a not at this address'

[debt4get]

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/191276-dcas-charging-orders-urgent.html

 

I would also have a look at this, as it seems that this practice is now being frowned upon, and it maybe they will also help

[scooterist007]

cheers for that, thing is though, on tuesday I have signed somthing from the land registry from my and my ex wifes name over to the buyers name! and the date of the copy the land registry that fr sent is dated 3rd march, and the solicitors havnt said anything to us about there being an interim charging order, the solicitors hve said that it looks like a completion date of next week, so could this affect this do you think?

[debt4get]

no cant see it affecting the sale at all, this has nothing to do with the buyer and they will not be aware of it

[scooterist007]

Well it seems it will affect the house sale, I have today recieved a phonecall from our solicitors and we cant exchange contracts because there is an interest on the land registry, so it looks like im up the that creek minus a paddle! god doesnt my life get better by the day. I also found out that first response have recorded a fraud on my credit file because I sold the car to a private buyer even though i bought the car through ebay on a private seller and sold the car and the buyer did a search on it to see if there is any finance owing and it came up clear, and surley if they claim it wasnt mine to sell they can reclaim the car back?

[harrassed senior]

First things first - will there be enough equity in the house sale to pay this Order or, are you on a very tight budget?.

 

You need to get your figures together quickly as the sale could still be salvaged.

[scooterist007]

Hi no there isnt enough money to pay it off, that is what the solicitor phoned me up for, hes was saying the only £3000 is available to pay them and was asking me to pay the rest to fr to which i said, I havnt got any money, he said he was going to ring up the land registry people to see if it can get lifted but hes not very hopeful of that happening

[scooterist007]

So does anyone know if i can get this order lifted?

[debt4get]

difficult unless you pay it up, I take it the hearing on the 27th is for the final charging order, if I remember correctly, this can be fought, however, you are going to have to convince the judge that the debt is way out of proportion to the cost of the house, you also say if I read it correct that there will only be 3 grand left and this is not enough to pay off the debt, if so you could also argue that there is no point in the order as there is not enough equity in the property for the dca to recoup there money, in this case, you could see no reason for the charging order to be made final.

If you can afford it though please get some legal advice on this

[debt4get]

on the car front, if the car still had finance owing then it actually belongs to the finance company and whoever bought it is gonna be out of pocket as they can and probably will repossess the vehicle as legally it is theirs, dont know why they have put a fraud notice on your credit file as you say you only sold the car on after buying it from a private buyer via ebay, they would have to prove you knew it was in effect stolen, to register against you, and if you have never been charged then I would think they would have no right to register this against you

[heliosfa]

I take it the judgement was a forthwidth one it sounds like?

 

I think you need to get an application in for redetermination at the very least. This can be done on an N245 as it is passed 14 days since judgement. What this would do is get the court tio set repayments at a level that you can afford and the DCA then could not get a charging order unless you failed in the court ordered payments.

 

Another option would be to go for set asside. To do this, you would need a reason, and not receiveing court papers is a reason, and the possibility of a defence. This would then allow you to get all of the info needed (credit agreement, default notice, etc.) by CPR from the DCA.

 

 

I'm a little confused about this car, you bought it through EBay yet it was on finance? or did you get a loan for the car?

 

DO you have a copy of your agreement with the fiannce company anywhere?

Do you have a copy of the Default notice they sent?

 

Thanks,

H