CL Finance/cohen going for Interim Charging Order on CCJ **LOST**

[delta1956]

Please can anyone advise how a debt company can get a interim charging order on debt that was unsecured . Is there any way I can stop these dca doing this.

I have already had one dca do this and now another is trying this tactic.

Kind regards Delta1956:???:

[exasperated]

Hi Delta,

In short yes the courts will turn unsecured debt secured if you let them, however they have to have followed certain procedures.

First of all did you request the CCA from the original creditor?

Secondly did you receive a default notice?

Thirdly did you receive a notice of assignment?

Lastly has the interim order been granted or do you have a court date?

If you could answer these I will try to direct you best as I can but this is really important and maybe better served in the legal issue's forum

Depending on the answers to the above we may have to move quickly as you must fight tooth and nail to stop them

[delta1956]

Hello Exasperated,

I have not asked for CCA.

No default notice

Have a court date for january but its not in local area so I believe I can get a transfer.

I have received a letter from land registry stating an application has been made.

I have today posted off a CCA to them.

I had a financial company dealing with my debts I wont mention their name just yet but they have been ignoring my letters and unable to contact by phone and when I searched the web they were under investigation.I think they may have been bit incompetant to say the least.

Thank you for getting back so quick,all this is mine field.

Regards

[supasnooper]

Moved thread to legal forum

[supasnooper]

You should oppose the Interim Charging Order.

 

have a look at the links below -

 

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

 

Have a look at the links below on Charging Orders and what grounds you may oppose them -

 

Insolvency Helpline

National Debtline

 

 

A far better solution may be to apply for a set aside of the CCJ that is in place which has caused the application for the Interim Charging Order.

Some info below -

 

CCJ removal inc. step by step guide

Applying for a Set-aside

Spamalot - CCJ and interest on debt. ***WON***

 

 

 

When is the hearing for the Interim Charging Order ?

[exasperated]

Did you post the CCA request to the Original creditor or the DCA? They have 12+2 working days to respond. Soon has this time has elapsed you need to place the account in dispute. It will be helpful when opposing the Interim order if they do not have an enforceable CCA.

Are you sure they have not issued a default notice as it is a pre-requisite when applying for a Interim order so you have had chance to remedy the default.

You will need help of people like Snoops who are much better informed than me and my advice to you would be to answer any questions posed as quickly as possible as January is very close.

Finally when was the credit card agreement signed?

[supasnooper]

To get the hearing moved to your local Court, you will need to send the current Court a letter addressed to the Court Manager stating that you are a Litigant in Person and request the case be moved to your local Court

[Spamalot]

I think my first instinct would be to CPR the Claimant as it is now court proceedings and request sight of CCA/Loan agreement, defaults, assignments termination notices etc, give them 7 days to produce...

 

Just for starters..

[supasnooper]

Unfortunately, the Claimant is under no obligation to respond to a CPR request as Judgment has already been passed.

See sx20's post - http://www.consumeractiongroup.co.uk/forum/show-post/post-1802785.html

 

There's also another very informative post by sx20 on the subject of CPR requests post Judgment....I'll try to find it later.

 

If it is the account documentation that is required, then a SAR to the original creditor is the way forward.

[exasperated]

Snoops,

Dont they have 40 days in which to respond to a SAR which could be too late(depending on the jan court date)

What other options does Delta have?

[delta1956]

hello ,

i have got a reply from another debt company regarding my request for cca.

they returned my cheque for one pound and stated i have to request cca from original credit company as they just agents

 

 

and they would be willing to pass on with a new cheque made out to this effect.

 

 

they will hold my account 14 days to allow me to get this sorted. can they do this or

 

 

should i write another letter to them pointing out they have failed to supply cca in specified time. look forward to any help re this.

 

 

thank you.this is a separate issue from charging order debt company!!!

 

hello re charging order,i have got it transfered to my local court i am awaiting new date. i haven' t heard anything back from them re cca. regards delta

[supasnooper]

hello ,i have got a reply from another debt company regarding my request for cca. they returned my cheque for one pound and stated i have to request cca from original credit company as they just agents and they would be willing to pass on with a new cheque made out to this effect.they will hold my account 14 days to allow me to get this sorted. can they do this or should i write another letter to them pointing out they have failed to supply cca in specified time. look forward to any help re this. thank you.this is a separate issue from charging order debt company!!!

 

Send the new DCA the "in dispute letter". They should know the rules..

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/579-letter-when-dca-refuses-to-comply-with-a-cca-request

[delta1956]

hello supasnooper, i will do this asap.thanks for the advice,i may enjoy xmas just a bit more. kind regards and happy xmas and 2010.

[delta1956]

Hello not sure if I am in the right place to update all of you kind users for advice. I hope so.

The Credit company failed to attend the hearing for final charging order and so did I as got my dates mixed up. The Judge dismissed the case. Does this mean the end of their pursuit of this?

I am not sure if they failed to appear as they never responded to my request for CCA and I never heard anything more from them.

I am not sure how to progress this situation.Should I continue paying monthly installments or should I send the credit company a followup letter regading their failure to supply cca? and refuse to continue with payments.:confused:Kind regards

[supasnooper]

You are in the right place.

 

If the the judge dismissed the application to finalise the Charging Order the they will have a very tough time to try again for a Charging Order.

 

You must continue to pay the installments as they form part of the judgment of the CCJ.

 

I'm confused as to you referring to this part -

 

I am not sure if they failed to appear as they never responded to my request for CCA and I never heard anything more from them.

 

Please can you set out what has happened and by which company in chronological order so we can sort this out.

 

Unfortunately some of the advice posted on this thread is not relevant to your problem.

[delta1956]

Hello Super s. I had a financial company acting on my behalf.They have now not answered any telephone calls or letter I sent.I don't want to name any names incase they are on this site. I paid up front for their services as well and they are being investigated by FSA?

The debt company Howard Cohen solicitors The Lewis group CL finance. This is all a bit confusing as there ar three names. They failed to supply cca thats why I am enquiring as to whether payments should continue. or how to proceed with this. regards

[supasnooper]

Unfortunately, whilst there is a CCJ to be paid, your payments MUST continue or you could be taken back to court for a redetermination or other measures.

 

I'd also be asking your Financial Company for your money back - If they were that good; why have you been to court and ended up with a CCJ ?

 

As it stands, Howard Cohen (claimants sols)\CL Finance (claimant) have absolutely no obligation to provide you with a CCA as the CCJ has subsumed any previous agreement.

 

You would have to apply for a set aside of the CCJ so you could pursue CL Finance for production of the CCA.

 

Some links below on Setting Aside a CCJ -

 

A Guide To Setting Aside CCJ's You Never Received

CCJ removal inc. step by step guide

Applying for a Set-aside

Spamalot - CCJ and interest on debt. ***WON***

Setting aside the original CCJ of your CCA

[delta1956]

The financial company I used are not contactable and I fear they have now disapperared to where all snakes go.

The things they got upto were unethical to say the least and I acted on their advice and hence my financial status is now irrepairable.

I am trying now to sort out the mess they left. Its been great help having your site to turn too.

I am not sure whether to try and apply for a set a side as I don't have the experience to follow through. It might get messier then it already is.

[delta1956]

Hello I requested cca from CL Finanace and they have sent soem photo copied sheets of rules etc but not original document with my signature.

 

This company last year took me court as I had missed a payment on ccj but not notified about it and was un aware as I had sent them a d/d to set up for payments.

 

 

I did try to appeal against the second charge as this was un secured loan and as they managed to convince the judge I missed the payment a second charge was put on.

 

I did ask last year for CCA but can't locate the request .

 

1.What I need to know is there any way to get this second charge of my home.

 

2. Should I now send a reply stating they have failed to supply original CCA and not within the legal time 12+ 2 .

 

I feel as if I am little fish in this huge pond and getting deeper.

 

Please any advice will be gratefully appreciated or should I just carry on paying thiem there monthly due and forget about this.

Thank you

[exasperated]

Hi Delta,

I was very sorry to read this, I think from my own experience that once a charging order is made it is difficult to challenge. However its not impossible but will take alot of hard work.

I will help where I can but I think snoops is the best one to advise you on this

[maroondevo52]

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