charging order

[robbie1944]

Hi

can I have advice on what to do next.

Some years ago when I left work due to stress and other things I had a charging order made against me by a credit card firm.it went through unchallanged due to illness.

I have since written to the debt firm enclosing my £1 and asking for a true copy of my agreement.

Over the past 12 months I receive a letter from them saying they are pursuing my request.

So after 12 months can I now go back to the court to have this charging order struck off as the company have failed to produce my CA.

any thoughts please

bob

[saintly_1]

Have moved your post to the General Debt Forum where it will be seen by more users

[bamboo2]

Hi Robbie

I am going through the same with my partner so maybe we can share advice and work through this together.

I am going through some other claims and you can check out my threads for what has happened so far - my next case is in March. I have defended so far and am awaiting CL finance to produce the original agreement/terms and conditions and missing statements on the orders of the Judge otherwise the case will be struck out.:grin:

Charging order:

This was our first litigation and we didn't have a clue as to what was happening and unfortunately it was Link Financial - if you check out other threads you will find that these people have a reputation for being ever so slightly unhelpful... Before we knew it they had a judgement and our defence hadn't been registered. They had slipped everything through the system while we were still asking for documents to produce a defence. The next thing was an interim charging order and then we managed to write to the court to get it moved locally so we could stop the full charging order.

The local hearing:

My partner struggles with paperwork being dyslexic and we didn't plead embarrassed defence having no clue of where we were up to and panicking at this stage. I didn't realise I could be a Mackenzie friend either. It didn't go well as the Judge was not interested in anything my partner had to say and dismissed his arguments - which basically were that he was in dispute with this company and the case had gone through due to his ignorance ( Link misleading him by corresponding while they got the case through a bulk process as a defence had not been filed). He asked how could the amount be decided as there were statements missing but the judge merely asked if it was his signature on the agreement - to which he said yes. This Judge was ignorant of consumer law and CL finance's solicitor was playing the " everyone is jumping on the cca bandwagon.

Strategy now:

I believe that we need to apply to have this judgement set aside and hope for other people to advise us on this forum. I believe we need to apply to the court and pay a fee of £60 and state that we have now taken advice and wish to go back to court to have this retried with a defence? We can start the whole process again and ask for the CCA, terms and conditions and statements - and that the Judge should insist that Link will have to provide them at the hearing. What they have provided so far is probably unenforceable anyway.

 

Hope this helps you - there is also default notices etc to bring in and I am learning about this on other threads.

 

Please can we get help off other people and can someone tell me how to start a thread - this site is fab and I'm not great at working out the teccie bits!

[bamboo2]

Bob

Can you give more specific info about the company and whether it has been sold on, how old the debt is etc - the more info gives more avenues to explore.