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      Are There Any Social Workers on CAG ?

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      Hi I have to agree with @unclebulgaria67 post#3 For the funding side of moving to a new area and it being private supported accommodation I would also suggest speaking to private supported accommodation provider about funding but also contact the Local Council for that area and have a chat with them about funding because if you are in receipt of Housing Benefit certain Supported Accommodation that meets a certain criteria is treated as ‘exempt accommodation’ for Housing Benefit purposes but you need to confirm this with that relevant Council in your new area especially since it is Private Supported Accommodation as each Council can have slightly different rules on this. If you have a certain medical condition look up the charities and also have a wee chat with them as they may be able to point you to different Grants to assist with moving costs and your question about funding for private supported accommodation as well.
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      Advice needed regarding Eviction

      By stu007 · Posted

      Hi Just to be clear a Notice to Quit is only the very start of the Housing Association going down the Eviction route there is a long process to go. Also to be clear if you leave at the Notice to Quit date only and go to the Council claiming you are Homeless they will more than likely class you as Intentionally Homeless therefore you have no right to be given temporary housing by the Council. The only way that works is when the Court has Granted a Possession Order then you can approach the Council as Homeless with the Court Order. As for the Housing Association issuing the Notice to Quit because there investigation has proved it's not your main residence but you have witness statement to prove otherwise. From now on with the Housing Association you need to keep a very good paper trail and ensure to get free proof of posting from the post office with anything you send to them. You now need to make a Formal Complaint to the Housing Association and please amend the following to suit your needs:   Dear Sir/Madam FORMAL COMPLAINT Reference: Notice to Quit Letter Dated XX/XX/2024, Hand Delivered on XX/XX/2024 I note in your letter that you stated that the Housing Association has carried out an investigation into myself and came to the conclusion that I am not using this property as my main residence and have evidence of this and have therefore issued a 'Notice to Quit' by XX/XX/2024. I find the above actions absolutely disgraceful action by the Housing Association. 1. Why have I never been informed nor asked about this matter by my Housing Officer. 2. Why have I never been given the opportunity to defend myself before the Housing Association out of the blue Hand Delivered a Notice to Quit Letter. 3. I have evidence and witnesses/statements that prove this is my Main Residence and more than willing provide this to both the Housing Association and the Court. I now require the following: 1. Copy of your Complaints Policy (not the leaflet) 2. Copy of your Customer Care Charter (not the leaflet) 3. Copies of your Investigation into this not being my main residence.    As well as the above you need to send the Housing Association urgently a Subject Access Request (SAR) requesting 'ALL DATA' that simple phrase covers whatever format they hold that in whether it be letters, email, recorded calls etc. The Housing Association then has 30 calendar days to respond but that time limit only starts once they acknowledge your SAR Request. If they fail to respond within that time limit its then off with a complaint to the Information Commissioners Office (ICO).     
    • stu007
      Eviction Time Again - Twice In 7 Months

      By stu007 · Posted

      Hi Sorry for the delay in getting back to you The email excuse and I do say excuse to add to your account and if court decide LL can't recoup costs will be removed is a joke. So I would Ask them: Ask them to provide you with the exact terms within your Tenancy Agreement that allows them to add these Court Fees to your Account before it has been decided in Court by a Judge. Until the above is answered you require these Court Fees to be removed from your Account (Note: I will all be down to your Tenancy Agreement so have a good look through it to see what if any fees they can add to your account in these circumstances)
    • Debt_Collector
      Summons to court for a S87 (1) offence

      By Debt_Collector · Posted

      Thank you for your responses. As requested, some more detail. Please forgive, I'm writing this on my phone which always makes for less than perfect grammar. My Dad tries but English not his 1st language, i'm born and bred in England, a qualified accountant and i often help him with his admin. On this occasion I helped my dad put in his renewal driving licence application around 6 weeks before expiry and with it the disclosure of his sleep apnoea. Once the licence expired I told him to get in touch with his GP, because the DVLA were offering only radio silence at that time (excuses of backlogs When I called to chase up). The GP charged £30 for an opinion letter on his ability to drive based on his medical history- at the time I didn't take a copy of the letter, but I am hoping this will be key evidence that we can rely on as to why s88 applies because in the GP opinion they saw no reason he couldn't drive i need to see the letter again as im going only on memory- we forwarded the letter in a chase up / complaint to the DVLA.  In December, everything went quiet RE the sleep apnoea (i presume his GP had given assurance) but the DVLA noticed there had been a 2nd medical issue in the past, when my father suffered a one off mini stroke 3 years prior. That condition had long been resolved via an operation (on his brain of all places, it was a scary time, but he came through unscathed) and he's never had an issue since. We were able to respond to that query very promptly (within the 14 days) and the next communication was the licence being granted 2 months later. DVLA have been very slow in responding every step of the way.  I realise by not disclosing the mini stroke at the time, and again on renewal (had I known I'd have encouraged it) he was potentially committing an offence, however that is not relevant to the current charge being levied, which is that he was unable to rely on s88 because of a current medical issue (not one that had been resolved). I could be wrong, I'm not a legal expert! The letter is a summons I believe because its a speeding offence (59 in a temp roadworks 50 limit on the A1, ironically whist driving up to visit me). We pleaded guilty to the speeding but not guilty to the s87.  DVLA always confirmed to me on the phone that the licence had not been revoked and that he "May" be able to continue to drive. They also confirmed in writing, but the letter explains the DVLA offer no opinion on the matter and that its up to the driver to seek legal advice. I'll take the advice to contact DVLA medical group. I'm going to contact the GP to make sure they received the SAR request for data, and make it clear we need to see a copy of the opinion letter. In terms of whether to continue to fight this, or to continue with the defence, do we have any idea of the potential consequences of either option? Thanks all

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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

A guide to Charging Orders & Orders for Sale

sequenci

By sequenci
in Financial Legal Issues

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sequenci
sequenci

Charging Orders   A Charging Order is an order which secures a money judgment against the judgment debtor’s property or interest in a property. Creditors usually apply for Charging Orders as t

AnotherUserSeekingAdvice

AnotherUserSeekingAdvice

Posted
Posted

Thanks. The insolvency helpline website is gives very useful and interesting information on charging orders.

 

Im particularly interested in the following entry on there:

 

"If you are likely to be made bankrupt, you can argue that a charging order would give the creditor an unfair advantage over other unsecured creditors."

 

As I know for a fact that the debtor is going to make himself bankrupt before long. Im just hoping that if he does, the pending sale of the property can still go through as it will be being used to clear of whatever debts he has anyway, the equity just wont clear all of it (maybe about 50% of his debts)

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Mydogsawestie

Mydogsawestie

Posted
Posted

Here is a link to another useful thread on Charging orders I have kept to hand, maybe you may find this useful for info too.

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/160126-watch-out-charging-order.html

CAG NEEDS FUNDS PLEASE DONATE AS MUCH OR AS LITTLE WHERE POSSIBLE

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AnotherUserSeekingAdvice

AnotherUserSeekingAdvice

Posted
Posted

How satisfied does a bank have to be when they are contacting creditors who have charging orders / interim charges on a property. I am 2nd in line with my final charge of 17K, where there is just enough equity to cover it, but this other creditor has popped an interim charge on the property amidst the sale of the property, but there isnt enough equity to pay this interim charge and it hasnt been finalised.

 

Does a bank have only to contact the creditor and inform them that there is no equity and continue with the sale as normal or does the bank have to wait to hear what the creditor has to say ?

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meursault22

meursault22

Posted
Posted
I'm glad I popped back in and read the newer posts here as it prompted me to check the Land Registry.

 

It seems that my interim CO wasn't updated to final CO and explains a few things such as how inefficient creditors are at their record keeping.

 

 

I've found this to be true as well, but it doesn't seem to make much difference in court. It would be so nice if the judges had enough time to familiarize themselves with the case and evidence submitted by the defence before making a judgement, especially when people's homes are at risk but it's all condensed by the case manager and then just quickly glanced through...

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dabble

dabble

Posted
Posted

Here is a question, once a charging order has been made can it be removed? I have a debt with egg who made a charging order on my property, it was at a time when I made the biggest mistake of ignoring mail ect. Since this time I have found CAG and identified that the original credit agreement is probably not enforceable - what action can be taken?

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  • 2 months later...
sequenci

sequenci

Posted
  • Author
Posted
Sorry to but in with another question, but looking at my paperwork, the interim charging order was updated to a final charging order at the land registry five days before the final charging order hearing. How is that possible?

 

It shouldn't be :eek:

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sonic140

sonic140

Posted
Posted

i had a charging order placed on my home last year by shoosmiths(£14000 owed to natwest). the judge had set an instalment order. i was making payments but shoosmiths went for order. judge allowed charging order because he said instalments were not enough to pay off debt in a reasonable time. was that legal? can i do anything about it? was so desperate not to lose home i agreed to anything and didnt know about this site. am paying £300 pm at the moment and it is a real struggle.

 

Also i the loan i took out with natwest was to get me out of an overdraft and all the charges i was incurring. worked out they could owe £8000. any ideas?

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meursault22

meursault22

Posted
Posted

Unfortunately, the law keeps changing to give these ba**#rds much more power. Even if you're up to date with an installment order, it's legal to go for a charging order and order of sale, and it's up to the judge's discretion as well as whether your solicitor has done his job properly as to how it goes. I only know this because I had a payment agreement on the charges Anglian Water made to me for their contact with the Consumer Council for Water and the media, but they also decided that it wouldn't be paid off quickly enough and demanded 80% of my total income or they would get a charging order and order of sale. I already outlined the outcome of my hearing above. Make sure your solicitor puts your defense into the court on time.

I hope someone has some better ideas. Maybe search this forum for unenforceable credit agreement?

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the_shadow

the_shadow

Posted
Posted
Unfortunately, the law keeps changing to give these ba**#rds much more power. Even if you're up to date with an installment order, it's legal to go for a charging order and order of sale, and it's up to the judge's discretion as well as whether your solicitor has done his job properly as to how it goes. I only know this because I had a payment agreement on the charges Anglian Water made to me for their contact with the Consumer Council for Water and the media, but they also decided that it wouldn't be paid off quickly enough and demanded 80% of my total income or they would get a charging order and order of sale. I already outlined the outcome of my hearing above. Make sure your solicitor puts your defense into the court on time.

 

I dont think the law has been changed at all... the same mechanism that is in place for them to seek a redetermination of repayments is also there for the defendant to apply for if they are paying too much. Its all down to a judge I'm afraid but the mechanisms are there to be used by both sides.

 

S.

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somad

somad

Posted
Posted

ok ive red the above and confused... judge redetermined my ccj today and siad yeas what what you was not what link want - victory , but he said they could apply for a charging order...i thought that it would only be granted if we missed any payments, is that not true?

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mambo69cat

mambo69cat

Posted
Posted

Hi - I am new here and don't know how to start a question off so I hope you don't mind me jumping in here.

My husband and I jointly own a house (for 20 years) with a mortgage (no arrears). I put a cash deposit down of half the purchase price and since then have contributed towards mortgage payments.

My husband began property developing with his son and they purchased a house to sell on. His son defaulted on the mortage payments and the mortgage company sold the house at a great loss leaving a joint debt of £170,000. It is going to court to put a charging order on our house - they have both received notification, and you can naturally understand I am worried sick about our home. In effect, I own more than half of the property. We have about £100,000 equity in the house should it be sold at market value. We are both 60 years old and our married daughter and her husband live with us.

 

Can anyone advise please. Should I write to the court advising them on my interest in the family home?

 

Thank you

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vint1954

vint1954

Posted
Posted
Hi - I am new here and don't know how to start a question off so I hope you don't mind me jumping in here.

My husband and I jointly own a house (for 20 years) with a mortgage (no arrears). I put a cash deposit down of half the purchase price and since then have contributed towards mortgage payments.

My husband began property developing with his son and they purchased a house to sell on. His son defaulted on the mortage payments and the mortgage company sold the house at a great loss leaving a joint debt of £170,000. It is going to court to put a charging order on our house - they have both received notification, and you can naturally understand I am worried sick about our home. In effect, I own more than half of the property. We have about £100,000 equity in the house should it be sold at market value. We are both 60 years old and our married daughter and her husband live with us.

 

Can anyone advise please. Should I write to the court advising them on my interest in the family home?

 

Thank you

It would depend on how the ownership of your property was set up.

 

It would be best to start your own thread in the legal issues forum. You will get better help there.

 

Link Below.

 

Legal Issues - The Consumer Forums

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  • 2 weeks later...
atom02

atom02

Posted
Posted

Sorry to jump in but is it possible to have a charging order removed if it transpires that an alleged debt is unenforceable anyway? I am not sure this has truly been answered here...How can this be done? Please help!!!

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sequenci

sequenci

Posted
  • Author
Posted
Sorry to jump in but is it possible to have a charging order removed if it transpires that an alleged debt is unenforceable anyway? I am not sure this has truly been answered here...How can this be done? Please help!!!

 

You can make an application to set the judgment aside which, if sucessful, could then discharge the charging order.

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atom02

atom02

Posted
Posted

Hi sequenci,

 

Thanks for your response - I haven't been back here for a few days. Would you know whether one can apply for a set aside even if there is already an instalment order alongside the judgment order and charging order? I should probably start my own thread when I start to pursue this particular case but I know for certain that a valid cca does not exist. I was just too naive at the time to fight the heavy-handed tactics of the DCA so went for a variation of order instead only for the judge to let them have their way.

 

Your comments are much appreciated.

 

atom

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annoyedagain

annoyedagain

Posted
Posted

what is the charge order process?

 

i recieved a letter from solicitors for mbna saying that they are applying for a charge order on my property

 

i have a disputed CCA with mbna, this goes back 12 months but after many phone calls and letters they now send this one

 

i am under the impression that they would need to get a CCJ first before they could obtain a charge order, but my question is would i receive court papers if they had applied for a ccj and if they applied for a charge order?

i have received neither

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sequenci

sequenci

Posted
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Posted

The process is outlined within the first post. You're quite right, MBNA would need to have obtained a CCJ before they can apply for a Charging Order. You may wish to double check to ensure that there is no judgment.

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meursault22

meursault22

Posted
Posted
what is the charge order process?

 

i recieved a letter from solicitors for mbna saying that they are applying for a charge order on my property

 

i have a disputed CCA with mbna, this goes back 12 months but after many phone calls and letters they now send this one

 

i am under the impression that they would need to get a CCJ first before they could obtain a charge order, but my question is would i receive court papers if they had applied for a ccj and if they applied for a charge order?

i have received neither

 

It's worth writing and asking for a copy of the CCJ and interim charging order. It's possible they've obtained these without you knowing. I had a CCJ and didn't even know it. Rather than resolve a disputed bill, Anglian Water went to the Northampton Bulk Court and somehow obtained a CCJ for a vastly inflated amount without me knowing anything about it until they had already placed the interim charging order. There must be loopholes that allow utilities to proceed without letting the defendant know, because the first I heard was a letter from the Land Registry. After the charge was in place, it's been a downward spiral of one order of sale hearing after another...

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sequenci

sequenci

Posted
  • Author
Posted
How is it possible that someone can have a CCJ and know nothing about it?

Is this legal? Dont they have to inform you that they are taking you to court to give you an opportunity to defend?

 

BF

 

You should receive notification of any claim in the post. Unless you have moved or the mail doesn't get delivered it would be unlikely you wouldn't know.

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