Can anyone help?

[Pebbles10]

Hello,

I only registered the other day and this is my first post so do excuse me if I've put it in the wrong place.

 

I was wondering if anyone might be able to offer me some advice over a matter thats causing me a lot of worry and sleepless nights.

 

I have 2 credit card debts, both are with debt collectors due to me not having worked for 5 years because of ill health. I'm paying one with a small token payment but the debt collector is getting really nasty all the same. The other one I'm not paying as they haven't sent me a proper credit agreement but they are taking me to court. I've managed to respond to it so far from information I've gleaned by lurking on threads with similar situations. I'm sorry about the lurking before I registered.

 

My worry is that if they get a CCJ they will get a charging order. I have a strong feeling that the other debt collector will do the same in the near future.

 

Since me not being at work my daughter has been paying the shortfall on the mortgage payment. DWP pay so much of the interest, my daughter pays the rest. She has also paid for quite a lot of improvements to the house.

 

I already have a ccj and charging order maybe I wouldn't if I knew about CAG back then but I went to CAB who just told me to admit the debt to save myself the stress. Sorry if I'm rambling.

 

What I'm hoping to find out is if there is anyway I can safeguard the equity in the house for my daughter as she has paid so much money into it. I have heard of a voluntary charge but I can't find anything about how it works.

 

If anyone can tell me about voluntary charges, or anything else I could do to stop the debt collectors getting their claws into the house I'd be so grateful.

 

Thank you for taking time to read this.

[kurvaface]

What are the cards? What paperwork do you have and what don't you have?

 

Are there any issues with regard to enforceability - CCAs etc?

[palomino]

Oh dear, you have our sympathy. It sounds as though you've had a pretty rotten deal.

 

A voluntary charge is the same as a charging order but without the legal hassle. It saves the creditor some money as well.

In effect you are exchanging a high-interest unsecured loan for a high-interest secured loan. As you can imagine there isn't much benefit in it for you.

 

You say you have two debts and also a charging order, and that you are concerned that one of the creditors will seek a CCJ and a charging order. Is the existing charging order related to the other debt or is it for something else entirely?

 

As for the mortgage : is your house in negative equity? There are a lot of twists and turns on this matter so we'll try and eliminate the irrelevant bits first.

Essentially, though, if you owe more on the house than it's worth (taking into account both the mortgage and all other debts secured on it) then your daughter doesn't have any equity at all. Sad but true.

 

Charging orders work like this : a creditor will obtain a CCJ against the debtor. If the debtor has property of any sort registered with the Land Registry (not just their own residence) they can then apply for a charging order on that property.

The Land Registry will not allow the title of that property to be transferred until the person obtaining the charging order has provided them with a certificate to say that the order has been satisfied - hence you can't sell or otherwise dispose of the property while the order is in place. What you do to satisfy the order is between you and the creditor - usually it is paying off the debt and all the associated legal costs (the creditor has you completely over a barrell at this point). Once you have done that then you can dispose of the property.

Hence you are quite right to be concerned about this matter.

 

Feel free to keep asking questions - there are many people here who can help you.

[Guest wino]

subbing

[supasnooper]

I'd be proactive here and send a Consumer Credit Agreement request to the original creditors concerned. this will cost £1.00 for each request.

 

There is a template letter here at post #8 - The Consumer Forums - Debt collectors

 

Use a postal order to pay, do not sign the letters and send by Royal Mail Recorded Signed For Delivery. They have 12 + 2 calendar days to respond form when they receive your letter.

[Pebbles10]

Hello again and thanks,

 

The computer keeps crashing so fingers crossed this time.

 

The 2 credit card debts are RBS and Egg. The CCJ & charging order are not connected to them.

 

The RBS card is the one which is going to court at the moment, I did the CCA letter quite a while back and got an application form, no terms but the form allowed you to choose to transfer balances to it, does that make sense? So it shows 2 amounts for balance transfers.

 

The egg card is quite an old one from 2000, I did the CCA letter and got an agreement that is the same as all of them from that time. I've read that very long thread about egg agreements but it has left me a bit muddled, but for now at least their is no court claim on it. I think there will be soon as the debt collectors are being very aggresive about it, but at the moment I'm managing to hold them at arms length.

 

There is equity in the house even with the remaining mortgage and charging order, we've lived here for 18 years and the mortgage is not in arrears.

 

I don't think I explained myself very well about the voluntary charge. I don't want to offer one to the debt collectors. I want to know if I can have one made in favour of my daughter, to at least secure for her what she has paid out on the house. The deeds and the mortgage are in my name only.

 

I'm hoping to reduce the amount owed on the ccj/charging order as I know that the PPI was missold. I've done a SAR but am still waiting for all the paperwork to come, they just sent a copy agreement and statements, so I asked for the rest as there must be more as it went to court, but thats work in progress.

 

I hope I've been a bit clearer this time. Thank you for your time.

[themagician]

Hello again and thanks,

 

The computer keeps crashing so fingers crossed this time.

 

The 2 credit card debts are RBS and Egg. The CCJ & charging order are not connected to them.

 

The RBS card is the one which is going to court at the moment, I did the CCA letter quite a while back and got an application form, no terms but the form allowed you to choose to transfer balances to it, does that make sense? So it shows 2 amounts for balance transfers.

 

The egg card is quite an old one from 2000, I did the CCA letter and got an agreement that is the same as all of them from that time. I've read that very long thread about egg agreements but it has left me a bit muddled, but for now at least their is no court claim on it. I think there will be soon as the debt collectors are being very aggresive about it, but at the moment I'm managing to hold them at arms length.

 

There is equity in the house even with the remaining mortgage and charging order, we've lived here for 18 years and the mortgage is not in arrears.

 

I don't think I explained myself very well about the voluntary charge. I don't want to offer one to the debt collectors. I want to know if I can have one made in favour of my daughter, to at least secure for her what she has paid out on the house. The deeds and the mortgage are in my name only.

 

I'm hoping to reduce the amount owed on the ccj/charging order as I know that the PPI was missold. I've done a SAR but am still waiting for all the paperwork to come, they just sent a copy agreement and statements, so I asked for the rest as there must be more as it went to court, but thats work in progress.

 

I hope I've been a bit clearer this time. Thank you for your time.

hi, have you had the cca sent to you looked at by another cagger to make sure its enforceable or not,or is it just your oppinion that it is ???

theres some very exsperienced people on caggers with knowledge of cca,s

[Pebbles10]

Hello and thanks, I haven't had the cca looked at, but from what I've read on some threads the RBS cca probably isn't enforcable, it says on it that its an application form and there aren't any terms for credit limit, repayments, or interest rate. Its not a very good copy, in the blurry small print it say t&c overleaf but there isn't an overleaf. The debt collector says its all they need and have started proceedings.

 

Thank you again.

[debt4get]

have you actually recieved court papers or are they just threatening you with court, fire and brimstone, debtors prison etc etc... a dca would tell you that what they have is enforceable.. they are trying to get you to pay

[debt4get]

dont think you can put a charging order in respect of your daughter..the only way to secure her money to the property is to put the deeds in her name or joint names, however, that is going to be difficult if there is already a charging order in place

[debt4get]

also remember a dca can only get a charging order, after getting a ccj and you defaulting on a ccj.. in other words if you were ordered by the court to pay a pound a month and you never defaulted on that then they would NEVER be able to get a charging order.. if you are unemployed then the chances are this is the amount a judge would order you to pay on your income..so it actually would not be in a dca's interest to take you anywhere near a court, dca's only go for easy money.. they are parasites of the highest order

[Pebbles10]

Hello, Yes I've received the court papers from Northampton, i did the acknowledgment of service and put in an embarrased defence that I borrowed from someones thread. But I got a letter saying theyre going to carry on the claim and have it transferred to a local court. Also said they will ask for forthwith judgement.

 

So you don't think its a possibility of having a voluntary charge in favour of my daughter?

 

Thanks again.

[debt4get]

yep they would say they are going to carry on, its transferred to your local court because you are defending, also have you sent them your cpr request, this will show you all the paperwork they are going to rely on in court, including the cca, and no i dont believe it is possible to get a charge in favour of your daughter, however, i am not a lawyer so you would need proper legal advice on this point