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ambershadow

Carbot/Citi Finance

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We have had a letter in the last 3 weeks telling us that these people have a restriction on our property, I wrote to them asking why they had this and we had NO notification from either them or the courts.

 

Now I really don't know how to proceed here as WE don't owe them anything to our knowledge and if we did and they took us to court we would have known about it

 

can anyone help please:grin:

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What do you mean by a restriction - are you talking about a Charging Order Nisi

 

How did you find out - what does the letter actually say - who is it from.

 

Could you post it (remove anything that identifies you)


If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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The letter is frm cabot

I can't post sorry

 

It says that as we know they have achargin order on your property so you must come to some payment arrange ment.

 

I wrote back to them asking when this was and for what

 

My reply i got from then reads

 

 

In response to your letter I can confirm we obtained a charing order over your property ( address) on the 22nd dec 2008 at XXX court

 

for 5901.15

 

Now we have no knowledge of citi or carbot finance at all

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There is also no ccj with this so called debt either But what concerns me is they have a charge on our house which we knew nothing about

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Interesting...

 

The only way that they could obtain a charging order is to first obtain a CCJ.

 

They would then apply for a charging order. At that point the court would make a charging order nisi and would serve you with a copy of the CO application. The Land Registry would also write to whoever is named as being the owner on the land register and inform them of the CO Nisi.

 

The short answer is that the chances of you not knowing are very slim...I have a feeling that they've made a bit of a mistake...and that they've confused you with somebody else

 

I would be inclined to write and ask them for a copy of the CO - you could also contact the court and ask for a copy of the application

 

If it turns out that there is a CO then you need to find out more info and to apply to set the CCJ aside

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If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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Well that's what I did ask for and that's the letter I got back I also asked if this had been made a ccj as I would have contested then and there as we don't have any conection with either of them.

 

I do have a chargeing order ref But we have never had anything sent to us or we would have gone to court to contest this

 

Would sending a cca or subject to request help?

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Unless you consent to CO - they can't get one without a CCJ


If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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well I am sure if this was a court order they would have sent letters from thecourt enforcing the order but we have had nothing at all

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I may ring the court on Monday as I asked them in the first place to supply all info on either court order or charging order I only have confirmation on the charging order

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Well that's what I did ask for and that's the letter I got back I also asked if this had been made a ccj as I would have contested then and there as we don't have any conection with either of them.

 

I do have a chargeing order ref But we have never had anything sent to us or we would have gone to court to contest this

 

Would sending a cca or subject to request help?

 

Doing a CCA request isn't going to help - you could do a SAR -but that takes forever

 

What you could do is do a land registry search against your address and see if a CO is registered.

 

http://www.landregistry.gov.uk/

 

You don't want a Charging Order reference - you want a sealed copy of the Charging Order from the County Court - if you ask them for a copy of the order they should give it to you. If they won't give you a copy - the court will


If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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Ok thank you for your help

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I have now done a search and found another letter stating they have a county court judgement which the court gave to them recently. No dates And no ref Now we have no knowledge of this county court so whats the next step please.

 

And also the letters which are completely different in amounts, they confirmed to me in writting the amount for the charging order was 5900 now on another letter before that one it's 6100

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I have now done a search and found another letter stating they have a county court judgement which the court gave to them recently. No dates And no ref Now we have no knowledge of this county court so whats the next step please.

 

And also the letters which are completely different in amounts, they confirmed to me in writting the amount for the charging order was 5900 now on another letter before that one it's 6100

 

To be honest it doesn't really change anything...all you have are letters from them.

 

I would try not to panic too much - you need to find out what the correct position is.

 

Ask them to give you the case details - case number and court

Check your credit file - whilst it may not be totally up to date if there is CO then its' likely that the CCJ would be registered that would give you the court and case number


If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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