help going to lose my home. dca

[angry cat]

If you are unable to obtain Legal Aid, one can only presume that you are a person of means;

either through property/assets or,

income.

 

Cheaper to pay for the professional advice, rather than to lose your home and have costs awarded against you!

Edited April 11, 2010 by angry cat
spelling

[pt2537]

i concur with AC and Delfi

 

I represented D in an action and successfully defended it, leaving the debt unrecoverable

 

This is extremely serious, there are people in your area of Wales that can assist, i know that for certain, it costs nothing to enquire.

[blackbear101]

i tried google a Debt specialists solicitor but keep geting debt collection. any advice please

[pt2537]

i tried google a Debt specialists solicitor but keep geting debt collection. any advice please

there in lies the problem

 

The problem is that you dont want debt specialists solicitors, they are the type linked normally with CMC's , what you need is a law firm who can help

 

you need to rethink the search a tad, i cant post names on here otherwise i would, but there are firms out there that can assist

[angry cat]

blackbear101, I have pm'd you!

 

AC

[Docman]

blackbear

 

I can only reiterate the advice that has been given before. You MUST get proper legal advice locally, if only to persude the court to reassess your payments to Arrow instead of enforcing the charging order.

 

All the points you have made MAY have been enough to make a strong defence in 2008 but time has moved on. You must concentrate on avoiding the order for sale.

[banker_rhymes_with]

Hello Blackbear101!

 

Thanks for the PM, sorry for slow response.

 

You are getting some great advice here already. The underlying issue is weak from Arrow's point of view, but the beggars have taken this way too far to defend in the usual way.

 

As others have said, you must get some decent Legal representation ASAP, because it is vital to see them off on the sale of your home issue first. Once that has been nailed, then your representative can then get to work untangling the mess that has got you to that critical stage.

 

The points you have listed are all strong, but you must win the next crucial Battle in May, to stand a chance of winning the War.

 

You need someone who is an expert in Consumer Credit issues, so it's VIP that you avoid the run of the mill Solicitors who probably won't have a clue how to handle this (although they won't give that impression, most will try to sound like they do, which makes finding a good one hard). As PT2537 has said, there are Direct Access Barristers to whom you can go to directly, i.e. without needing to instruct a Solicitor first.

 

There are pros and cons to going either way. Obviously, if you instruct a Solicitor who in turn instructs, on your behalf, a Barrister (to represent you in Court on the day), then the costs are likely to be more than if you went straight to a Direct Access Barrister.

 

The main advantage of instructing a Solicitor first, is a competent one will handle a lot of the background issues in discussion with you first, so that when a Barrister is approached, the Solicitor will present the Barrister with a clear brief to allow them to handle the matter efficiently.

 

Thus, if you go for a Direct Access Barrister, you need to allow for the fact that you must work hard to pull all the issues together yourself, because the Barrister won't want to do the Spade Work for you. IOW, you need to do most of the background admin work that a Solicitor would normally do for you.

 

But with help from the people here, there's no reason why you cannot hack that, and go for a Direct Access Barrister.

 

There are Firms of Solicitors who may take this on, on a No Win/No Fee basis. Some are very good, but you need to act fast to secure one in the limited time you have available.

 

Please understand that with the right representation, this can be turned around. But, without it, you are likely to be on a hiding to nothing in May.

 

So, whatever it takes, get some decent help. I know you will not regret it if you do. I do stress decent help, so the key now is to find that help and make sure you avoid getting snarled up by duffer Solicitors who know only how to charge. The help you need must come from people expert in Consumer Credit issues.

 

Best of luck with it.

 

Cheers,

BRW

[Delfi101]

 

The points you have listed are all strong, but you must win the next crucial Battle in May, to stand a chance of winning the War.

 

 

That single line sums the whole situation up perfectly.

 

If you need a recommendation for a legal rep PM me

 

D

[The Mould]

thanks but pfofessional help comes with a price which i cannot afford. even with the loss of my home £145 per hour is way to much

 

looking for a no win no fee specialist. wrexham area.

 

blackbear,

 

You need to find that money to get the legal help, I don't mean this in a flippant way, but a few hundred pounds against the loss of your home, think about it, is there a friend who can possibly lend you some money?

 

You know that you have got some incredible strong points to this, but you will not be able to contend on your own, you need that representation.

 

I hope you are able to get some help, what about legal aid/public funding, if those mp's can get it, why can't you, no need for anyone to answer that.

 

Well I feel for you and I do hope that someone in your area will help.

 

Take good care.

 

Kind Regards

 

The Mould

[ScabHunter]

I've been asked through PM to take a look at this thread and give whatever advice I can.

 

Really, this has gone beyond the stage where well-meaning amateurs of limited knowledge, myself included, can help to any meaningful degree.

 

Some of the most knowledgeable posters on the entire site have posted to this thread, and the advice they have given is consistent. I notice a poster above me has invited you to PM him if you need a recommendation. I would take him up on that offer.

 

Focus ALL of your attention on the hearing in May, and get the best professional help you possibly can.

 

SH

[bobbydog]

read this thread with awe

o wonder what has happened/ goingto happen

did they consult lawyer, have they been to court

i really feel for them, that a dca can do this and get away with it

[bobbydog]

also on post 12 blackbear stated that the debt will be attached to the house, and money repaid as and when they come to sell the house

 

does that mean that that won't be ejected from their house, or could arrow decide to force them to sell to collect their money earlier

 

seems to me that if this order is placed upon the house, then it can only cone into effect of paying once YOU decide to sell the property

 

yes or no

[Drowning but not sunk...]

Like others I hope this guy is ok, feel for him! I hope he raised the cash for some help... Hope he lets us know how hes going...

[blackbear101]

thanks boddydog. the debt is attached to the house by the way of a final charge order. the dca said they cant wait for there money now going for a order for sale. in court may. cant get no legal help. only shelter tried Direct Access Barrister but no one replies, also they are all in london. one chester solicitor said do i own the money or not, well the answer is yes, then just pay it. cab said the same. i am not as worried now as shelter is on the case. he did a income and outcome budget sheet, trying to get a instalment order/ payment plan set up.but we both notice somthing that may get the ccj set aside or stop the order for sale

Edited May 3, 2010 by blackbear101

[Drowning but not sunk...]

Why not post up what you have noticed. The main team may help tell you if it will work?

[blackbear101]

can some one help

original creditor did not send me a default notice. Service of a default notice is a statutory requirement as laid out in sections 87,88 and 89 Consumer Credit Act 1974. Section 87 makes it clear that a default notice must be served before a creditor can seek to terminate the agreement or demand repayment of sums due to a breach of the agreement.the original creditor has unlawful rescission and terminated my account and sold it on to a dca. i have a default on my credit file. but no letters. i have sar the original creditor, just waiting for there reply. i know they have none of the above because i have other letters off them. the dates of my letters give no window for a default letter, if one was ever served. i have ask the dca to send me the default ,termination,assigment letter.

[caro]

Please read this link about charging orders and orders for sale from National Debtline.

 

National Debtline England & Wales | Debt Advice | Factsheet 15 Charging Orders In The County Court

 

I would also suggest that you give them a ring and see what advice they can offer.

 

I hope this helps.

[blackbear101]

hi, thanks for the advice. once you get a ccj, the intrim order and charge order comes part of the package. the judge would not look at my defence. in and out in 5 min

[Drowning but not sunk...]

Just a note when is your date for the hearing for "forced sale"? Do you have your position set out for that hearing? Do you know what you are going to do?

[blackbear101]

not yet, begining of may. i cant do anything positive with out seeing the sar off the original creditor. i think i have enough info here, but the sar will back my defence. just hope the original creditors dont fabricate the info

[caro]

When did you send your SAR?

[blackbear101]

4th april, will have to get court adjourned if thats possible

[caro]

That's what I was going to suggest if necessary.

[blackbear101]

thanks

[caro]

There may be more info here.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/203298-guide-charging-orders-orders.html#post2214288