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Sunny Bham

Help please-newbie-CABOT charging order

style="text-align:center;"> Please note that this topic has not had any new posts for the last 3966 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

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Hi, First timer.

 

How do i start my own post/thread?

 

I need HELP cabot have obtained a ccj on my on loan which was prevoiusly owned by egg and purchased by cabot finacial, cabot solicitors have sent me a letter "A copy of the interim Charging order is hereby served upon you." with a copy of the ccj (which i did not know about) and a filed application for charging order on land or property to which a court date has been set for 13th aug 2009.

I have also received papers from land registry stating the courts has made a interim charging order on 19th june even thou the hearing is on 13 august.

 

Please someone help and advise.

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good luck to u , uwill find help on here don't worry x

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Thread moved here and re-titled.

I will try to flag up some help for you with this.Please be patient.....and Welcome to the site.


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Can any CAG Help me

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Hi SB, help will be on its way this week, you have until 13th August til court, so you should start to prepare for it. Try to look into some threads with similar issues to your own, you'll then have plenty of questions to ask on how to proceed. You'll also have an idea how your particular little toerag DCA (Cabot) behave.

good luck

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I need to add that I have 1 other loan and 5 Credit Cards.

Loan taken from British Gas April 2005, has been round the block with DCA letters Bank of Scotland, Capital Bank, Chester Loans and now back with BG with statement dated July 2009. Not been able to make any payments to all the debts due to losing my job 2 years ago.

Credit Cards

Halifax £1700 Paying £18 a month

Barclaycard £8500 DCA letters have been very quiet lately

Mbna £4500 DCA letters

Lloyds tsb £1000 DCA letters

Egg card £2300 DCA letters

Do I send out CCA and Subject Access Request letters to all the lending companies/DCA before they start court proceedings?

I have the Credit agreements for BG loan and Egg loans, should I upload here?

Please advice.

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Sunny, did you receive any court papers in relation to the egg loan debt prior to the ccj notification from the solicitors?

 

You need to get the original CCJ set aside, this will override the charging order. Only thing is timescales are tight, I think if you get the court papers in for the set aside application then you should be able to get an adjournment on the final charging order hearing but others will confirm or answer better than me on this.

 

I would suggest if you have the CCJ information and the court that it was decided you give the court a ring in the morning and get as much detail as you can about it. i.e. where the court papers were served if you didnt receive them.

 

To set the CCJ aside an N244 application will need to be filled out, alongside this a defense to the original claim is usually filed. If you havent received the claim forms from the court at anytime then that can be put into the defence.

 

S.


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Where do i send the CCA request to? (Original lender or the DCA).

&

Where do i send the subject access request to? (Original lender or the DCA).

 

Are the CCA request & Subject Access Request the same template for Credit Cards and Loan?

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Where do i send the CCA request to? (Original lender or the DCA).

&

Where do i send the subject access request to? (Original lender or the DCA).

 

Are the CCA request & Subject Access Request the same template for Credit Cards and Loan?

 

1) Always whoever is chasing or receiving payments for the debt.

2) SAR's always to the original lender unless you sepecifically want some piece of evidence from the DCA

3)Yes usually, so long as it states this is a request under s78/77 of the CCA1974, s77 covers loans and s78 covers credit cards. Data protection request is the same for both.

 

S.


Are You as Anonymous on CAG as You Think You Are? *Link*

 

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Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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Have Donated £15 to keep this site alive :D

 

Wiil donate more when i can!

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Am i correct in saying

 

CCA to DCA's

&

SAR to Lender

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Am i correct in saying

 

CCA to DCA's

&

SAR to Lender

 

Yep,

 

What do you want to do about the CCJ, re: post #7, if you didnt receive any postings from the court and they were sent to the wrong address then in theory there is more than a good chance of getting the CCJ set aside as you werent able to defend... how long ago was the CCJ obtained?

 

S.


Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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The CCJ was given from northampton court on the 18th may, i did not get any post from the northampton courts, i phoned the court friday 17/07 and they told me that they had been sent after confirming my address, i replied i did not recieve then told me to contact dudley court as the hearing is set there on 13/08. I have a solicitor friend who is looking at the egg loan now owned by cabot financial for grounf to be set aside.

 

T_S, Thanksyou for coming to this thread, i thought no one heard me when i shouted HELP!

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I've been going threw some of my letters from mbna

 

jan 2008 Changes to my credit card t&c's with new t&c's

 

june 2009 debt oweb to AAROW global llc assined by mbna - you have been served with statutory demans - Arrow global is at liberty to present a petition for your bankruptcy to the court. Does this mean arrow now own the debt?

statutory demand under section 268(1)(a)of the insolvency act 1986. debt for liquidation sum payable immediateley. Hand delivered.

Can someone tell me what these mean?

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Yes quite possibly but you wouldn't know unless they have sent you a Notice of Assignment.

 

You'll need to act quickly on the SD.

 

Have a read of this thread -

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/162131-statutory-demands-service-post.html


 

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Any advice & opinions given by supasnooper are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability.

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june 2009 debt oweb to AAROW global llc assined by mbna - you have been served with statutory demans - Arrow global is at liberty to present a petition for your bankruptcy to the court. Does this mean arrow now own the debt?

 

Sounds like a dual NoA, notice of proceedings, much the norm with some of the dca's I'm afraid :-(

statutory demand under section 268(1)(a)of the insolvency act 1986. debt for liquidation sum payable immediateley. Hand delivered.

 

Eeek that's not one to take lightly, you only have 21 days to get that set aside otherwise they can petition for your bankruptcy :-(

 

When were you given it, you have 21 days from date of service.

 

Might be an idea to scan it in, remove personal info and post it up to see if we can find anything wrong with it.

 

Couple of threads to read through about stat demands:-

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/207135-help-sd-received-today.html

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/205487-capquest-statutory-demand-urgent.html

 

S.


Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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I'm sending cca requests and used this template http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter

 

edited s77 to s78 for credit cards.

 

ARC Credit Management for Egg Credit Card.

blair,oliverand scot for halifax Credit Card

robinson, way and co for lloyds tsb credit card

connaught collection and dzimitrowicz york solicitors for 1st credit - barclaycard.

 

Will be sending Subject Access Request to:

halifax

egg

lloyds

barclays and 1st credit for my barclaycard.

 

Will be using template http://www.consumerforums.com/resources/templates-library/86-debt-collectors/576-subject-access-request-debt-a-dca

 

Am i sending out correctly?

 

2./ Which template should i use for my egg loan as court proceedings have commenced CPR 31.14 or CPR 31.16 to get my CCA documents

3./ Which template do i use for mbna as they have sent me a SD via arrow golbal, do i request my CCA or SAR and which template do i use.

Thanks in advance.

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I await a response before sending the CCA & SAR's

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I'm sending cca requests and used this template http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter

 

edited s77 to s78 for credit cards.

 

ARC Credit Management for Egg Credit Card.

blair,oliverand scot for halifax Credit Card

robinson, way and co for lloyds tsb credit card

connaught collection and dzimitrowicz york solicitors for 1st credit - barclaycard.

 

Will be sending Subject Access Request to:

halifax

egg

lloyds

barclays and 1st credit for my barclaycard.

 

Will be using template http://www.consumerforums.com/resources/templates-library/86-debt-collectors/576-subject-access-request-debt-a-dca

 

Am i sending out correctly?

 

2./ Which template should i use for my egg loan as court proceedings have commenced CPR 31.14 or CPR 31.16 to get my CCA documents

 

3./ Which template do i use for mbna as they have sent me a SD via arrow golbal, do i request my CCA or SAR and which template do i use.

 

Thanks in advance.

 

Wow I think you need to set seperate threads for the Stat Demand and the court proceedings so you can get tailored advice on each. You need to keep in mind the statutory timescales associated with both these cases as you must hit your deadlines.

 

I would start two new threads, one for Court action and the other for the stat demand in this thread.

 

Legal Issues - The Consumer Forums

 

As to the Lists you've given I wouldnt bother CCA'ing connaught collections, if they've sent a solicitors letter then send the CCA to the solicitors imho.

 

Also I wouldnt bother sending a SAR to 1st Credit, just Barclays as each one costs £10

 

S.


Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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Thanks Shadow. i will send out today.

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deleted link by sunny bham

Edited by Sunny Bham
not needed

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Update: CCA Request sent to:

ARC Credit Management for Egg Credit Card.

blair,oliverand scot for halifax Credit Card

robinson, way and co for lloyds tsb credit card

dzimitrowicz york solicitors for 1st credit - barclaycard.

 

blair,oliverand scot for British gas loan - Chester Loans

 

Will be sending out SAR to original lenders.

 

Question, Do i send SAR to to original lenders even thou debt has been purchased by another lender?

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Update:

1/. (Egg Card). I have received a reply from ARC DCA "Pls be advised that this account is no longer with us and has been referred back to out clients".

ARC have returned the £1.00 postal order. What do i do next? ARC was the last DCA to send me a letter on 14 aug 2008, the letter previous to ARC was Trevor Munn LLB Solicitors dated 31 jul 2008.

 

2./ (Lloyds TSB Credit Card). Sent a CCA to Robinson, Way and co on 23/07/09, I'v got a letter today 25/07/09 from Horwich Farrelly Solicitors "We have advised our clients to commence Court action against you".

Also giving me option to make payments even at this late stage.

The address for Robinson way and Farrelly Solicitors are they same and the telephone numbers are very similar except the last digit are different. What do i do with this reply? Shall i send a CCA request to Farrelly Solicitors or Lloyds TSB.

Edited by Sunny Bham

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Bump..

 

P.s I have not SAR any of the original lenders yet, Will be sending Monday.

 

 

Which is the best SAR template to use?

Edited by Sunny Bham

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Hi sunny,

 

You have alot going going on!! Read carefully what Shadow has advised in some previous posts on your thread, it pretty much answers your latest questions re:sar

 

The SAR templates on here is the one to send as it covers everything you will need..

 

MJ:)

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