They will make her bankrupt for 4000 pounds, help please.

[blipvert]

can't the OP get a charging order in favour of a trusted relative for the equity leaving lowells CO worthless or is that seen as squirelling away assets. Also, do some CO's come with a bite in that the creditor can force a sale.

[Seminole]

A couple of points:

 

1) We're not talking about a charging order here but rather a voluntary charge. A CO is only granted if there is a CCJ in place and by order of the court. A voluntary charge is just that- voluntary. It's like taking out a secured loan or a mortgage. I am not sure to when such a charge would crystalise to allow a creditor to sell the property but I would want to check that they would have to go to court to get possession and in what circumstances a sale could occur. The OP should take legal advice before signing anything.

 

2) I am not clear whether the OP accepts that this debt is genuine. In other words, did they sign a credit agreement? If it isn't a genuine debt then I would fight tooth and claw to win this. If it is a genuine debt then it may be better to let it lie subject to making sure that the payment arrangements are reasonable.

[Mr Worried]

my wife gets sickness cover with her job! full pay, a perk...redundancy?..she has been there 10 years and is in a profession which is required..not saying what..we will go down the avenu of a valid cca later...having a beer now and chilling...

 

beaconsman Whoa Whoa Whoa..

 

This time last year I was in same scenario as you, I toiled with the idea of 'giving up' because like you I was afraid, but you need to get the letters to the oc and the dca for this alleged debt, listen to what you are being advised and act on the advice.

 

My scenario was the same as yours and after asking and listning to advice from here I started my fight and guess what....it is over no cca and no further contact and I too like you was gonna pay the 5k, get a grip and sort this out for you and your wifes sake, I hope you dont think I am being balshy but you need this, as a fellow gager gave me a kick up the backside a short while ago for seemingly ' not listning' and I got my fighting spirit back.

 

Good luck m8 and get that printer on overdrive.

 

Mr W

[Basil Fawlty]

can't the OP get a charging order in favour of a trusted relative for the equity leaving lowells CO worthless or is that seen as squirelling away assets. Also, do some CO's come with a bite in that the creditor can force a sale.

 

 

Just out of interest, is this possible?

Is it possible for your relative or friend to put a charge on your house and cover the equity by doing so, and does this mean if there is one there and no equity left, another charge by someone else cant be attached?

 

BF

[lickthewallfatboy]

just refresh our memories a bit and tell us which court it was and who was the judge?

[ODC]

just refresh our memories a bit and tell us which court it was and who was the judge?

This would be a great help to other members who may receive so called Stat Demands from the Leeds Losers.

 

Could you also say if it was one of Clownells in house legal team (the ones with O'Levels) or if in fact they used a REAL solicitor from a firm local to the Court

[babybear39]

I'm gutted for the OP as this should have been a text book set aside

 

I suggest some research on voluntary charges is in order to weigh up the pros and cons of fighting this further. This is the first time I've read of a VC off the back of an SD

 

Actually, this is the first time I've read of the leeds losers winning a defended SD

[lickthewallfatboy]

yep

 

this needs clarification

[ScarletPimpernel]

This is one of the most confusing threads I've seen on CAG.

 

Can the OP please make clear which court this was, who the judge was, and exactly what the hearing was for. We might be able to make some sense of it all then.

[diddydicky]

the threat of bankruptcy is/was just that - a threat

 

very very rarely would a credit card company go to bankruptcy

[ODC]

the threat of bankruptcy is/was just that - a threat

 

very very rarely would a credit card company go to bankruptcy

 

............and a DCA like the Leeds Losers is even less likely to follow through. The expense for them in getting the BO and then not knowing what percentage if any they would get of the OPs assets makes this a silly bluff on their behalf.

[lilly white]

i would like to know did they provide a witness statment.

 

and also what did it say, also please answer what one of our site team has ask

[babybear39]

BR for a petioner costs about £500 but for a claimant £1500 with no guarantee of anything!

 

It's all very unlikely that the leeds losers would comtemplate yet even turn up in court

[ODC]

Of course as we all know the Leeds Losers are in diffs at the moment so this may be a final try-on for them

[PriorityOne]

I really hope OP decides to come back and fight this.... his last post suggested that he'd given up. Unless he logs back in, he won't see what's been written and suggested here....

[sosumi]

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/234103-hamptons-legal-what-do.html#post2593842

??? ???

More here than meets the eye, I think.

[Bazooka Boo]

Hmm, very interesting read that!

 

Seems that Beaconsman has been wasting our time and is really a troll crying wolf.

 

Work for the leeds losers by any chance!

[PriorityOne]

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/234103-hamptons-legal-what-do.html#post2593842

??? ???

More here than meets the eye, I think.

 

Hmmm.... strange behaviour

[F_DCAs]

I suspected as such, but didn't really want to say. I knew that as Beaconsman's posts went on, that they just didn't sit right. I made a couple of postings in this thread in the mid-late period, and then stopped once I started getting really suspicious.

 

So, wasting time on whocallsme boards (most of their threads are in the process of the being deleted from there, by the way), and now Lowell are trying to waste time here as well.

 

Well, it's their time - do they pay money out for employees to do this out of hours as well?

 

Yep, Lowell must be extremely desperate for business when it has to try sabotaging public forums. And like DCA work, they're not very good at it - being caught out soon after they start - and it hasn't stopped everyone who posts here from getting the advice they need.

[lickthewallfatboy]

ladies and gentlemen

 

I refer you to the post I made on page 2 of this thread

 

Hate to say I told you so

[Bazooka Boo]

Yeah I agree, it has only confirmed peoples knowledge, so has been quite a useful exercise for all really, even the leeds losers, letting them know we do indeed have a much clearer understanding of consumer law, something which they choose to ignore to their cost, and CAGgers gain!

 

*Waves at Beaconsman and his fellow DCA colleagues *

[sosumi]

To quote from Cerberusalert's sig:

Beware not all members of CAG are caggers, there are some who will deliberately misinform or try to undermine information you have been given, at the end of the day it is you that must decide on what action to take.

:)

[ODC]

As pointed out by LTWFB

 

Look at the USER NAME

 

BE A CONS MAN

[lickthewallfatboy]

I can sniff a troll a mile away

[Mr Worried]

WoW...I feel a sick rage, as I expressed heartfelt sympathy for him within my replies, even though it did not feel right.

 

What a tit I feel. cant believe he'd do this.

 

Mr W