Can they put a charge notice on my house?

[nickformbristol]

I will scan the letter in tomorrow for all to see.

 

It was signed by a Sheonagh Simons, its a printed signature not handwritten.

 

What does that mean that the company disolved in 2006, does it have an impact on what they can do?

 

Will i be notified if they put a charge on my house? and is there anything i can do about it i.e if the CCA isn't in place does this mean they can't put a charge on my house

 

Other then that i will wait and then deside on my next step

 

Thankyou all very much

[Abby25]

Additionally, I thought that a charging order is only granted, if no payment arrangement is made with the DCA or lender, who then take you to court, and a CCJ is levied by the courts, which you then don't adhere to.

So as long as you stick to the terms of the CCJ , which is based upon what the Judge feels you can comfortably afford from your income and expenditure figs, then a charging order shouldn't come into play ...

 

No doubt if I have any of this wrong someone will post up and correct me, but to the best of my knowledge this is the process....

 

There's lots of help on here if you ask, and yes its wise to get a few views on things, but generally the experiences of others who "been there" will prove invaluable to you. And the site team are very knowledgeable with in some cases legal knowledge and experience ... so you're in the right place !!!

[lilly white]

Mercantile Data Bureau.

 

WELL WHAT SORT OF NAME IS THAT WHO DO THEY THINK THEY ARE FBI,

 

GOOD GOD WHAT IS THE COUNTRY COMING TO,

 

1 WHERE YOU GIVEN A NOA FROM THE ORGINAL CREDITOR IF NOT HAVE NO MORE TO DO WITH THEM THEY ARE ACTING ON BEHALF THEY CANT SUE IN THERE OWN RIGHT DO NOT TALK TO THEM EVER AGAIN

 

2 TALK TO THE BANK FIND OUT WHAT IS GOING ON HAVE YOU CCA THEM IF NOT WHY NOT GET THE AGREEDMENT POST HER E WE WILL LOOK AT IT

 

3 ANY PPI AND ANY CHARGES IF SO CLAIM THEM BACK NOW

 

TAKE CONTROLL IT IS YOUR HOME

 

ALSO THE GAGGER WHO POST ABOUT CHARGING ORDERS LET ME BE QUIT CLEAR WE WILL NOT BE BULLIED

 

IF THAT GAGGER FEELS THAT A DCA CAN WALK THROUGH US HE /SHE IS MISTAKEN.

 

I WISH YOU ALL A GOOD EVENING

Edited August 23, 2009 by lilly white

[Undercover-Elsa]

Hi,

Can we clarify when the loan was actually taken out? ie did you take out the loan 2 yrs ago or stop paying 2 yrs ago?

You're a long way from charging orders yet! And only after Court Proceedings and IF you don't keep up with repayments and IF the judge allows it. Read this excellent, definitive thread by Sequenci:

http://www.consumeractiongroup.co.uk/forum/legal-issues/203298-guide-charging-orders-orders.html

 

It would be foolhardy for you to defend any claim on the advice of a total stranger in a web forum. If you know you owe them the money fpay it.

I'm rather bemused that someone who has been receiving help from CAG for so long should suddenly make such a statement. Thousands of people on here have received substantial and effective help from Cag right up to court and successful defence, where applicable. Not to mention the invaluable moral support.

 

I would go with the flow of our Caggers above and send the CCA request. Please don't fall into the trap of speaking to them on the phone...everything must be IN WRITING from now on so you have an accurate paper trail.

Kind regards,

Elsa x

[tindwcel]

they are saying they are profiling me

 

Looks like scare tactics designed to get you to make contact. Ignore.

[bigkacker]

Looks like scare tactics designed to get you to make contact. Ignore.

 

OK I am telling you for a fact, A Debt Collection Agency can go for a charging order in order to secure their debt to your property. Regardless of weather or not you are paying them. I wish I had been given a £ for everytime I have watched it happen.

 

I'm not in the game of trying to decieve you or make you pay your debt because quite frankly, I don't care weather or not you pay it or not. A DCA is out to make money like every other business and will do anything they can to do so.

 

By all means get the CCA. All I am saying is do not expect this to be the end of all your problems. The debt is only two years old so the chances are they have got a valid CCA. From the point of view of the DCA if I was in their shoes and you owed £7,000 and were looking at any way possible of getting out of it, I think a charging order is a sensible and viable option for them.

 

That is not to say if you come to an arrangement with them they will stop proceedings. However, if you do this give them an Income and expenditure form from the CCCS (stay away from CAB, they are overrun with cases at present and will take you months to get an appointment) this will back up your case and prove you are being reasonable with them. Make sure you deal with them in writing only.

[bigkacker]

if you read around these threads many people here have taken the advice of site and have come out much better off than just acknowledging and paying

 

 

Yes and the vast majoriy of people who I have seen end up with a CCJ whilst working for a DCA will have sent us a template letter from this site at some point.

 

Sorry I am just trying to give you a bit of unbiassed advice here, DCA's may well be a set of **EDITED** but this does not stop them from taking you to court.

 

Could I also just ask on what grounds are you disputing your debt? or are you just asking them to prove it? IS there anything else you are disputing the debt on?

Edited August 23, 2009 by car2403
Offensive language

[bigkacker]

I'm rather bemused that someone who has been receiving help from CAG for so long should suddenly make such a statement. Thousands of people on here have received substantial and effective help from Cag right up to court and successful defence, where applicable. Not to mention the invaluable moral support.

 

I would go with the flow of our Caggers above and send the CCA request. Please don't fall into the trap of speaking to them on the phone...everything must be IN WRITING from now on so you have an accurate paper trail.

Kind regards,

Elsa x

 

Yes and at which University did you get your Law Degree from?

[F_DCAs]

bigkacker - You're trolling and whatever 'advice' you're dishing out is not required.

[Abby25]

If someone worked for a DCA, and is therefore claiming to know for a fact legal processes etc, how odd that they have they joined CAG and posted for help on their own debt problems?

 

Anyway, go with whats been advised on the CCA route, and take it from there, just because your debt is only 2 yrs old doesn't necessarily mean that they definately have a valid (or any) CCA ....

 

Don't be frightened by some of the postings by BK, although I'm sure they mean well, but please do read the link Elsa has posted on charging order processes - you'll see that a charging order situation really is a long way off ... and even then the award of one by a Judge will depend upon many circumstances ...

 

Abs x

[debt4get]

i totally agree with abby I for one have been fighting these idiots for years I have yet to see any court action from any dca, they run for cover as soon as you start asking for your rights ... these people prey on people being frightened into paying.. 'we may get a court order'...we may get a charging order.. yeah they may but take the advice its a long long long long long way down the road... and can be succsessfully defended...or you can take an ex dca's advice roll over and pay its your decision

[debt4get]

Yes and at which University did you get your Law Degree from?

same place you most obviously got yours from

[F_DCAs]

If anyone has any doubts on where bigkacker is coming from, read the comments on my Youtube clip 'UK debt collection - getting them off your case part 1'. Didn't even have the sense to use a different username for CAG.

[diamondgirl]

Don't let bigkacker scare you- send for the CCA and don't let anything worry you, take in the advice given on the forum, without the advice on this forum I would probably have ended up with a CCJ and then probably a charging order (be wary of signing anything they ask you to) instead I took the sound advice from this forum defended my case, got my AQ, completed it with the help of the great caggers and got it struck out. Never heard another peep from the DCA since, know doubt I will do shortly as I've reduced my payments but if I have a problem with them I'll be back posting it all and getting great advice.

Never talk to them on the phone, ensure you put in all your letters to them that you will only communicate in writing.

If they start phoning you which they probably will you can then send a harrassment letter.

DG

[Undercover-Elsa]

I just love the way these people actually prove our point, without having the wit to realise it

My degree isn't in law. or debt collecting, it's in a caring profession, thankfully.

(And at least it taught me the difference between "weather" and "whether" ).

You weren't personally attacked, your views were queried quite validly, Bigkacker, by everyone else on this thread. I suggest you refrain from resorting to personal slights. You have a right to your opinion, but new people coming on to cag come here for help and support..not more of the same threats that sent them here in the first place.

Take care,

Elsa

[car2403]

Now we've all huffed and puffed, can we get back to actually helping the OP, please?

 

Any further personal insults will be removed and accounts potentially placed on moderation.

[F_DCAs]

Fair enough car2403. The OP should request the CCA and if/when anything turns up, take it to the next stage from there. That's all that needs to be done at this point.

[Undercover-Elsa]

Thanks for stopping by Car

I agree, lets get back to the important matters..

I think we still need to know when the loan was actually taken out, ie pre or post April 2007. Hopefully the op will get back to us on that

Elsa x

[car2403]

2 threads merged - please keep to 1 thread per issue

[steven4064]

THis is a bit confusing because it is several threads merged.

 

1. as you have been advised, get them to prove you owe the money to them, you owe the money to them and you owe the money to them

 

2. never phone them

 

3. worry about the charging ordr later

[bigkacker]

I just love the way these people actually prove our point, without having the wit to realise it

My degree isn't in law. or debt collecting, it's in a caring profession, thankfully.

(And at least it taught me the difference between "weather" and "whether" ).

You weren't personally attacked, your views were queried quite validly, Bigkacker, by everyone else on this thread. I suggest you refrain from resorting to personal slights. You have a right to your opinion, but new people coming on to cag come here for help and support..not more of the same threats that sent them here in the first place.

Take care,

Elsa

 

OK don't listen to me, I know nothing the past three years of my career were all an illusion, I must have dreamed it!!

 

Go ahead, get your CCA try to challenge it. You people are quick to jump on the band waggon about your rights but rights come with responsibilities.

 

If you owe money you pay it back, if you can't afford to pay it back come to an arrangement with the DCA in question. The bottom line is they can take you to the highest court in the land but if you are a legitimate person who has genuinley fallen on hard times they can't physically get more than you can afford.

 

If you are looking at any way possible to get out of paying back money which you know you owe, I have no sympathy for you. Four years or so ago when this site was set up, we helped people!!! We did not give out incorrect advice to vulnreble people and we did not look for any way possible to try and get people to boycott their responsibilities.

 

I suggest you go to the Consumer Credit Counselling service or take professional advice from your local trading standards!!!

[F_DCAs]

bigkacker - You are trolling and have nothing further to add. Please leave.

[steven4064]

Bigkacker and everyone on this thread -

 

This is the final word on the subject:

 

CAG policy is never to advocate that people avoid paying what they owe.

 

However, we will fight tooth and nail to help people who are being pursued for debts they do not owe, or by means that are illegal, contrary to OFT guidelines or just plain unfair. We will pursue companies that harass vulnerable people as far as the law will allow us.

 

End of.

 

PLease feel free not to comment on this post.