Natwest. Potential charging order and service charge arrears.

[stooonami]

Hi All,

 

I've thought of turning to you guys as I need help. Over the past 18 months my partner and myself have got into just a bit of financial difficultly regarding debt.

 

We are now back on our feet and our paying all out commitments but two issues this month have raised their heads and are causing a considerable amount of worry for us both.

 

The first is my partner has a default for a loan of approx £15k because of an unpaid loan with natwest. In december 08 she entered into a debt management scheme and they have been getting paid every month since but in june they apparently came back to the debt management agency to say that what had been getting paid was not enough. We heard nothing about this and then this month we have recieved letters from the Sols and the Land Registry saying that they were going to be placing a charge on the property. I called the sols and asked why as we were paying to be informed of the above. I asked if a formal arrangement could be made too which i was told no arrangement would be accepted and that payment would be needed in full to stop the charging order. Is this right? and is there any way to stop this as i don't want a charge placed on the property?

 

Secondly, over the 18 months we fell behind with our service charge paymenets on our apartment (arrears standing at about 2500) I called on tues to arrange payment of this to start clearing it to be told it was now with the sols. Called the sols who said that again unless payment in full was made then Peveral the service management company would be see if they could get our mortgage company to pay (which is unlikely as there is arrears here to) or seek repossession of the property. No arrangement would be entertained and they would not even approach Peverel to see if they would agree. I rang peverel again and spoke to a Credit Controller who said an arrangement might be poss but that the agent who is dealing with the file is off for the week. I'm calling them again tomoz. But any advice with regards to this matter also?

 

 

Thank you in advance.

 

Stooo

[stooonami]

Any ideas people?

 

This is causing a lot of stress and worry.

[blueda]

Hi stooonami and welcome to CAG, im not a legal expert, but i do have experience with debt management companies, all correspondence should be passed on to the debt management company with you retaining a copy for your file, DMC should be speaking and negotiating with the creditors on your behalf, you should not be speaking or corresponding with the creditors or there solicitors at all, remember the solicitors are working for the creditor not you and it is there job to get as much money from you and as quickly as possible.

[blueda]

How old is the loan ?.

[stooonami]

Hi blueda.

 

The loan is about 3 years old off the top of my head if I remember rightly.I would need to check when I got home.

 

With regards to the DMC the only reason I got involved is because of receiving the charging order notice. When we thought we had been paying everything on time since last dec. So I've lost a lil confidence in them as we heard nothing about the charging order and when I rangthem they knew nothing either even though shakespeares the sols company said they had been contact.

 

 

So what are our next steps?

[blueda]

If you can scan the loan agreement on here, blanking personal details, then we can have a look and see if it is enforcable. As for the DMC, they would only find out about the charging order if you gave them the information, usualy the creditor and solicitor require written permission from you to speak directly to the debt management company, after that all correspondence is passed from you to the DMC.

[stooonami]

Well we have only just last week received the application for a charging order last week. And the court date is set for the 28th sept.

 

Plus the dmc apparently received notification tht the payment being made was no longer enough in june.

 

Will have a look later for loan app. Unless at this late stage I request it? Would I apparoach natwest direct or their sols?

[blueda]

If you are going to ask for the loan application then you would be better sending a CCA request, below is the link to the letter template page for you to look at, letter N.

http://www.consumeractiongroup.co.uk/forum/generel-debt-issues/20758-creditors-dcas-letter-templates.html

[stooonami]

Thanks for all the help here blueda.

 

Will this help stop a charging order be placed on the property?

[blueda]

If Natwest were unable to produce a valid copy of CCA, then they would not be entitled to place a charging order.

[stooonami]

Ok.

 

I have the credit agreement!! God i love my wife and her hoarding ways sometimes!!

 

Here are the credit agreements that we have. Do i need to still make a request?

 

two secs... upload taking longer than expect...

[stooonami]

http://i36.tinypic.com/21l3blk.jpg

 

http://i34.tinypic.com/2upydea.jpg

 

Any advice would be much appreciated.

 

Are these enforceable? and do i need to still request the copy that natwest might or might not hold?

[blueda]

Hi Stooo, i have requested advice from the site team to advise you, regards David.

[steven4064]

Hi stooo

 

the agreement posted as 2upydea.jpg is enforceable as it is properly executed