Help Required - Charging Order

[scetch72]

This is the first time I have ever written on one of these forums. The more I read about charging orders, the more upset i am getting. I originally had a loan with Nationwide, I was under the impression that it was paid off with the sale of my last house, direct debits to nationwide, stopped, so i just presumed the loan had been paid off. On 23rd June I received a letter from Shoosmiths, saying there was a debt which was now Arrow Global and they were seeking for it to be paid, i stupidly went with DFH Financial Solutions who said they would sort it out for me, but ultimately I ended up paying around £400 before i realised they had done nothing. I received CCJ claims form last week, and spoke to Shoosmiths again, they stated they would "accept nothing less than £336 per month in order for no further action" - however when speaking to them again they were still going for judgement, which I have now accepted. I completed the CCJ form and also sent in copies of income and expenditure to Shoosmiths which they asked for, I also sent a covering letter confirming and clarifying the situation of "no further action". The standing order had been set up on the phone with Shoosmiths, to begin 1st Sept, I had a horrible phone call today from Shoosmiths saying that their client wanted security for the debt and would be going for a charging order, and that they were not accepting £336 per month without any security - Ive read more and more on charging orders, and the thought of going to a court fills me with utter dread, do i just accept the charging order, or do i have any rights, as the CCJ Claims form has only just been received, how can they go for a charging order if I haven't even been given the chance to start paying back the debt. Your help and advice is very much appreciated, I just ffeel like crawling under a rock and letting this all happen to me.

[dx100uk]

i think that is rather naughty of SS

they cannot do that

as yet, they have no CJ, so they cant have a CO either.

 

your mistake is talking to these fledcers on the phone...

 

you should NEVER EVER do that

 

and SS have NO LEGAL RIGHT to know you financial in/out either

only a JUDGE can demand that.

 

something smells here.

the legal side of things is not my strong point, but i think i'm correct.

 

when did the loan start & when did you think it was paid off.

 

can you give us some more history about the debt.

 

also . please try and use line breaks

 

it make things much easier to understand.

 

dx

[scetch72]

I do apologise about the line breaks, im just typing away in absolute tears of frustration.

 

I took the unsecured loan with Nationwide around 5-6 years ago. I maintained payments riht up until my

 

house sale around 4 years ago, i thought there was something strange going on because direct debits were

 

maintained to at least 18 months ago, but then they stopped. So I just presumed the loan had finished,

 

I had never missed a payment. I decided to speak to Shoosmiths, because I was getting nowhere with

 

DFH who I had originally spoke to who apparently had set up a debt management plan, but Arrow were

 

unhappy with the instalments, DFH told me Shoosmiths would only accept £336 for "no further action"

 

so i phoned Shoosmiths, they said the same, however I have no evidence of either conversation I had,

 

thats why i decided to write a letter, so i could have something in writing. Surely, I have to have the

 

chance to pay back in instalments, and they can't go straight to charging order, i've upped the

 

payments to what they said they wanted to avoid this. Many thanks for listening, I'm at my wits end

 

and as a teacher im trying to concentrate on getting back to school on Thursday, but this is just going

 

to take over.

[dx100uk]

can i ask what ACTUAL paperwork from the COURT you have had.

 

something smells here.....

 

dx

[scetch72]

All I have had is the CCJ Claims form, which I have sent back, the date on the claims form is 12 August

[scetch72]

Please someone help! Im having a complete breakdown, i don't know anywhere else to turn, can they take my house off me?

[dx100uk]

NO!!

 

they haven't even got a CCJ yet!

 

 

 

dx

[scetch72]

So do i wait for the court's answer on the CCJ? The shoosmiths solicitor told me they would get it as my defence (I had not seen all these legal type letters on this site) was

 

"laughable" and had nothing to do with Arrow Global as they had bought the debt from Nationwide - my defence was an a4 paper stating about the debt being unknown to me, and

 

not knowing anything until I received the initial letter from Shoosmiths on 23rd June. In the defence I stated what shoosmiths told me in the first place that £335 was the required

 

amount, i said this in the defence and that I had already set up the standing to begin on 1st Sept, I have no idea why I am now dealing with a different person at Shoosmiths, and

 

why they have been so nasty, shouting down the phone, that the debt is due FORTHWITH and they will only accept instalments with a charging order attached.

[debbbbsy]

Hi , welcome to CAG

 

More help will come.

 

Shoo's may be a solicitor, but they do not act with any integrity or honesty. They are not interested in your circumstances, only in extracting as much money as possible, & in order to do this causing maximum upset.

Sit down, & take a deep breath. As a consumer you have rights. And both Shoo's & Nationwide had an obligation to adhere to certain procedures & protocols. Which it would appear they have ignored.

 

I was under the impression that it was paid off with the sale of my last house, direct debits to nationwide, stopped, so i just presumed the loan had been paid off.

 

Send Nationwide a DSAR. Request copies of all statements & all other documents referring to this account.

 

I had a horriblent thing is to record your calls.br /br /span style=\'float:right\'a style=\'padding-left:20px;text-align:right;font-size:80%;\' href=\'http://www.autolinker.com?ref=www.consumeractiongroup.co.uk\'AutoLinks by http://www.autolinker.com/a/span/div', BGCOLOR, '#63DD78', BORDERCOLOR, '#C9678E', BORDERWIDTH, '1', WIDTH, '-500', TITLE, 'Record your calls', SHADOW, '1',FOLLOWMOUSE, 0, OPACITY, '95', FADEIN, '300', FADEOUT, '300', CLICKCLOSE, true,FOLLOWSCROLL, true,CLOSEBTN, true, PADDING, 0); microAjax('autolinker/autolinker_stats.php?uid=196512&fid=170&t=v&kw=phone call', function (res) {;});" style="font-weight: bold; font-style: normal; text-decoration: underline; text-transform: none; font-size: 100%; color: rgb(0, 0, 0); font-family: Gill Sans;"> phone call today from Shoosmiths saying that their client wanted security for the debt and would be going for a charging order,

 

These are nasty nasty people. DO not speak to them on the phone. From now on all corresponce is in writing. All letters sent recorded.

 

On 23rd June I received a letter from Shoosmiths, saying there was a debt which was now Arrow Global

 

This would indicate that Nationwide nolonger own the debt. If they have sold it on. You should have recieved a "Notice of Assignment". On the POC who has issued the claim.

 

When you say you have responded to the Court papers , have you aknowledged or have you admitted the claim ?

 

DEbs x

[scetch72]

Not knowing what to do, I just thought I was in the wrong and to stop anything else happening, and just deal with it, I sent the Claims form back admitting it all, I just presumed I was in

 

the wrong. Can you tell me what a DSAR is? I only ever received a letter from Shoosmiths on 23rd June, I had nothing from Nationwide in regards to the debt/loan for 4 years. I know

 

Ive probably gone the wrong way about this, but I thought by admitting it, it would get it sorted and out of my hair in 3 yrs, Shoosmiths had said 36 payments of £336.82 would settle the debt.

[dx100uk]

esp if a mug is willing to cough up i bet they will be happy.

and admit to owing that too in a court of law

i still say something smells here.

we'll get there.

 

now the [D]SAR

 

if you scroll up you'll see library

hit that and look for SAR under bank charges

that will do.

 

dx

when was your last financial transaction

[scetch72]

Last transaction with Nationwide was the direct debit which was set up to pay the loan for £225 per month, that was around 18 months ago, then they stopped, and I heard nothing from Nationwide from that day to the shoosmiths letter on 23 jun

[Ganymede]

SS have NO LEGAL RIGHT to know you financial in/out either

only a JUDGE can demand that.

 

 

If a debtor admits to the debt they should send the I&E to the Claimant's representatives with their details and an offer, even if they send it to court they will just forward it to the claimant. There is no way around it if you admit the debt.

 

scetch72, have you already replied to the court forms? It sounds to me like your already have a forthwith judgment against you? Is that right?

[dx100uk]

they haven't even had judgement yet!

 

p'haps you could help the OP with their problem, better than i can

 

dx

[Ganymede]

Not knowing what to do... I sent the Claims form back admitting it all.

 

 

dx100uk, I think the OP has a CCJ already.

[scetch72]

I have not received any notification of ccj or any type of judgement, i have sent the ccj claims form so far and that is it

[debbbbsy]

Ive probably gone the wrong way about this, but I thought by admitting it, it would get it sorted and out of my hair in 3 yrs, Shoosmiths had said 36 payments of £336.82 would settle the debt.

 

If judgment hasn't already been gained by Shoo's, is there anyway that the "Admission" can be retracted ?

[Ganymede]

I have not received any notification of ccj or any type of judgement, i have sent the ccj claims form so far and that is it

 

 

You might do, the courts can be slow at drafting orders once they are made.

 

Call the court tomorrow to find out.

[scetch72]

ok, i will call them tomorrow, it will be yet another sleepless night, if i get the ccj - fine, but im worried about this charging order, i have offered what was asked for, i just cannot get over that they can go for a charging even before i have had the chance to pay anything back

[dx100uk]

they cant its all bull!

 

sadly this is what comes through talking on the phone to them

you BELIEVE what they tell you.

 

i bet they would NEVER repeat that before the judge, he'd go loopy!!

convicted before he's even heard the case!!

 

 

tnx db and gm for helping here.

 

dx

[debbbbsy]

When did you send in the Admission ?

I would recommend speaking to the courts first thing tomorrow. I have always found the court staff to be very helpfull. They will be able to tell you at what stage your case is at. If your case hasn't been finalised, if judgment hasn't been given. Explain the situation, you were bullied & intimidated by Shoo's into admitting this debt. You want to retract your admission & defend the claim in full. Get the name of the person you speak to, you can Fax your ammended response direct to them, and get confirmation they have recieved it.

 

Debs

[scetch72]

Perhpas again in hindsight i shouldnt have phoned them, but i thought i was doing the right thing- DFH who were meant to be a debt management plan, had basically done nothing, so i thought i would make the offer to shoosmiths, in order to not to pay even more through dfh because of their 50 pound per month, it was the lesser of two evils

[scetch72]

I sent the admission last wednesday - the claims form was dated 12th august so i was told to get the form in for 31 aug

[debbbbsy]

DFH who were meant to be a debt management plan

 

You will deal with this, to establish what they have done, you may want to start a seperate thread.

But your priority is to prevent this CCJ. You sent it last wednesday, they recieved thursday maybe later, remember this is a bulk handling office, and a bank hoiday weekend. This is probably sitting in an intray.

Phone them tomorrow. Don't be frightened or intimidated by Shoo's. Hindsight is a wonderful thing, but atleast you have found this sight before they got a CCJ.

 

Goodnight. Let us know what the courts say tomorrow. And we'll help with the SAR & the CPR 31.14 tomorrow.

 

Debsxx

[scetch72]

Thank you for your advice, do i just call northampton crown court and ask for the person that deals with ccj's? This is how naive i am.