black horse/SCM CCJ/unlwful CO - debt has PPI/charges

[Ganymede]

I understand that you are uset but you need to focus on the relevant issues and not allow yourself to get carried away on a rant.

 

So the Claimant currently has an ICO with a FCO hearing on 1st August?

[toofiegap]

It's not so much being upset (which of course I am), it's more of the fact that there was no previous contact to inform us of any arrears, we were paying until we ran into difficulties due to DWP errors, there were also no account statements or any other ways of contacting them to inform them we had problems, it took 6 months before we had any means to make the first payment, realistically it feels so cheap and downright nasty to take advantage of only £6 arrears, which had we known we were behind by "so much" we would have cleared them immediately. We made an effort to try and resolve these issues, but they had no interest and seemed only focused on the charging order, we feel it is down to their error of not sending us means to pay that they abused this to take full opportunity to underhandedly force these actions.

[Ganymede]

With respect you've mentioned the above several times. I'm more interested in your charging order and the date of the FCO hearing...

[toofiegap]

!st august 12pm but from what I read up on they will get it whether I contest it or not ill quote the letter that BH (BTW ITS SCM sols that are doing it on thier behalf) sent sdayiong basically on one hand pay the whole lot off in one hit or we will jhave the charge then actually goes on to threaten that once charging order is in place we have to pay what BH says or further action will be taken. (not court B H) attached is the application then stating our mortgage providers then the deed As I think this will help not sure as according to LR if there is a problem with the deeds the charge cannot be granted a 50 year olsd error which was never rectified (only found out as sale proceeding) and part of the property is not in my name so deeds will not be correct at all I know you are trying to help but it just seems whereever I turn to who ever I ask I just get told basically deal with it let them have the charge (if they get it it means that I cannot buy my new home as it is being baught out of the proceeds of this house.

[Ganymede]

Has the Interim Charging Order been registered against your property yet?

[toofiegap]

yes it has this is what we want to dispute as well as this charge they want as we never ever received any correspondance from BH default notice any letters stating if we paid the arrears then they would stop action in thier infanate wisdom they decided to be obstreperous firstly when the CCJ was granted asnd I agreed to the 1.00 it took them nyon 6 months to sent a method of payment we were clueless to where or who to pay and no contact numbers , then we received the book in feb started paying over the odds more than 1.00 so we would look better then in april and may no payment because of DWP errors left us weith no monety at all (they even messed up the mortgae payment CT asnd utilities june I payed the 1.00 and then this month 10.00 They decided that they would get the interim behind my back so I could not defend myself explain to the courts I only received the interim along with this propsal for the charge . So looking at this rAtionally this arrears of 6.00 was when they decided not to send the method of payment. it seems to me that BH never intended to let me pay 1.00 but wanted a charge instead . Funnily enoough today I receive good news from another creditor who had to drop a claim for a CCJ as the paperwork was never correctly submitted and the court dismissed the whole thing

[Ganymede]

Ok that changes everything. Ignore all my previous posts.

 

Is the charge on your house a restriction or an equitable charge?

 

If it is an equitable charge the Claimant will have to be paid with the sale proceeds.

 

An ICO is granted without a hearing normally so nothing strange about that.

 

It is you responsibility to make payments on a CCJ, not default notice etc is required before applying for an ICO.

 

The FCO hearing on 1st Aug is important as it will decide if the charge will continue or should be removed.

 

You grounds to oppose the FCO are not great from what you have said. The best argument is that your arrears are now cleared however the Judge may grant the FCO on the basis that it will take hundreds of years to repay the debt.

[toofiegap]

equitable I dont know if you saw in a previous post we have written to the court with our defence (well drafted) and discovered because of the deeds are not in order due to this LR dispute that they cannnot go for the charge that woman called my parner and he told her this and she seemed to avoid this .m As for the payments (no disrespect) How in the hell could we pay anything when BH left us in the dark with no way of getting money to them for the first 6 months payments but as the house is sold STC also it would not take 100 of years to pay them off and get this my partner again sais that because of the ppi being missold and nothing came of the debt itself only the ppi we were happy to pay for the loan itself plus a bit more her reply???????? No F&F as the kind of loan I had does not allow this

[OnMyWayOut]

Can't you still reclaim the miss-sold PPI to help offset the amount owed?

[Ganymede]

The CCJ is for over £3000 isn't it? At £1 pcm that's 250 years isn't it?

 

Could you not have sent a cheque or postal order to their office?

 

An Equitable Charge is going to cause you problems as it has to be discharged when you sell the property.

 

The ICO is registered now. Not sure this land registry mistake you refer to makes any difference to the registering of the ICO, only the transfer of owners during the sale.

[toofiegap]

we could of if we had thier address we even looked it up and nadda and sorry I meant that I would pay the loan itself in full with the sale proceeds we were assured that there will be no problems with the equitable charge by LR who are fast tracking their surveyor out to us to get the pre sale in place so that they cant get the charge and have been told that when the titles are merged then it will be a whole new deed and title number so the old one will be defunct .

 

Onmywaout huns BH are adamant that they want the costs for ppi as well and are being awkward in letting us claim this back (more money for them LOL) she recons she already lodged the complaint but when we asked about this she became extremely vaue changed the subject and just keopt going on about how she was going to have this charge

[Ganymede]

That's strange that you never got a letter on headed paper from the Claimant at any point during the litigation.

 

That's interesting what the LR said. So are they saying all security registered on the old title disappears when they merge titles and it doesn't carry over your mortgage or equitable charge etc?

[toofiegap]

not a blooming thing at all thats what I mean they got the ccj by default just sent a ccj through to me with absolutly nothing on it to say where to pay just a date for 11th every month this is what I am trying to say when we were fist in the proverbial with BH we tried to get a lower payment with them tried to get ppi cancelled then wanted to use the ppi but hit a brickwall at every turn all we were told when we couldnt maske the payments was to cancel the dd and default even then they refused to set up a plan demanded the whole amount then the next thing \I knew CCJ on the doormat then a few days ago this charge

 

LR is a minefiled its take from feb this year when we sold this house initially to now to even get them to acknowlege the error initially they wanted me to do a adverse posession but it seems now they are looking into this was an error and that the deeds need to be merged and poss new title number which will be transferred over to the new owners but who knows how LR works.

[Ganymede]

Ok so as things stand you will need to pay the Claimant the full amount of the CO when you sell.

 

If you have no notice of the CCJ you should act quickly for a set aside of the judgment and ask the set aside hearing to be a the same time as the FCO hearing.

 

That's the only was I can see that you can avoid the FCO.

[toofiegap]

Update

 

Well We got our moving date we should have been in our new house tomorrow but a silly intern at our buyers sols messed up big time so we are now out friday. I wrote to the courts day after posting took advise from the CAB who were as useful as a chocolate fireguard. Also put a claim in for the PPI which on all accounts should have put the account on hold as we have heard nothing from BH either they think they still can get the charge or fuming cos we are fighting this funny thing was BH told our sols that they must retain the money for them (they were told no) so all seems good at the mo Hopefully and when moved I am going to pay the 3000 to them and no more

[toofiegap]

update. OH dear they did really screw up. despite telling them on several occasions that the house was no longer ours as sold and completed before the court date for the full charging order they still went to court lied to them and got the charge on the property wich was not ours and hasnt been for almost 4 weeks. refusing again the F&F and refusing to hold the account until outcome off PPI claim. any ideas where to go from from here

[toofiegap]

I am updating again and need a reply please as I am now and my wits end with scm thier lies and what they have done. scm despite being told that the house was sold before the full charging order date hearing writing to the courts with our objections and telling the court that the ppi was in dispute scm still refused to accept that refused to place the account in dispute and despite us moving before the hearing date went aheasd and got the full charge on the old property. now they have said that they are refusing to let the new owners to have the deeds unless we pay the whole lot including the disputed amount. It seems that because we couldn't get to the court fior the 1st aug as we now live over 100 miles away the lied to the court to get the charge and it also seems that the judge didn't even read our objections I only found out that the full charge went on when I called black horse about the ppi and discovered that they got the full charge. I now feel that not only that they are holding me to ransom but the new owners too what can I do now before I lose all my mentsl abilities and have a total breakdown to tell you the truth I am at my wits end and feel like ending it all

[summerbreeze]

You need to speak to your conveyancing solicitor and ask them to speak to the solicitor for your buyers.

As far as I know at Exchange of Contracts a search of the LR is done by the buyers sols and this is a " protected search " and protects the buyers from any charges being put on the property from that date until the completion date so the buyers should be protected if there was no charge registered when the protected search was done.

 

I am not sure how you have got all the proceeds of the sale if the charge was already registered

[toofiegap]

they got the full charging order on the 1st august we exchanged contracts on 29th july so in essence they got the charge after the sale.

[Ganymede]

It doesn't matter if the house is sold before the FCO so long as the ICO is registered before the sale. That's the point on an ICO.

[toofiegap]

if it was registered before the sale then why did our sols release all our funds and when I told our sols about what they did thry said it was fishy as I had complsined to BH agsin sbout the ppi and had put the claim in for this and paid a lump on the ccj it seems now that they are holding me and the new owners to rsnsom

[toofiegap]

update and a goodie called scm about this charge and we have the dispute on the ppi advised thrm a peice we had on anothern thread (on mortgages bit) and oh how the worm turned I advised them that they had no legal holding only equitable and when house nsold that the charge had to be removed and the account should have been onm hold due to ppi dispute as per oft guidelines (without admitting they were wrong) agreed to get the charge removed from the old property and suspend the account until the outcome of ppi so job done about blooming time soooooooooooo 2 down 1 to go and that is claiming back charges from ge money then finally i will be free from any debt and begin to enjoy my life instead of existing day to day

[toofiegap]

update and extremely good news it turned out that the charge shoukd have never gne on after battling it out with them reiterating that i had a ppi disput, i was not behind on the ccj and the fact they went for the full charge after complation date they backed down and the chasrge removed and account on hold pending ppi outcome. I will still pay the ccj on time every month as I have been so they cannot do anything else. extremely happy about this but still angry about the way they conducted themselves but que sera sera they might have won a battle but I won the war

[toofiegap]

after a fasshion I had the charging order removed from the old property and managed to put the account on hold pending the outcome of my ppi claim. I have still been paying on the ccj (over the top from what the court asked me to pay) would it be beneficial to carry on paying on the ccj whilst the account is on hold . or hold fire until it is all sorted out.

[toofiegap]

I have an old ccj that I am paying off but because of other difficulies through satisfied ones and the companies not updating experion properly these ccjs I had paid off over 4 years ago and still not updated. I am trying to get my credit report in order . This one company I was trying to sort out as I discovered had acted ilegally and went to court for a full charging order on a property I no longer lived at despite being told I had moved before this went ahead and they managed to get a full charge after I had moved out and they were well aware of this.

 

This morning I phoned the courts to see why the paid off CCJ's were not updated to be told the companies had never informed them. I nearly fell off my chair when I asked for info about my one and only outstanding CCJ when they told me that despite this company knowing I no longer owned the house and told them so on several occasions they phyically went to court and told them that they need a charging order and got it (this was removed after complaining to them).

 

I wish to know because of the illegal way they porocured thius charge knowing full well I did not live at that address I can have this CCJ overturened and wiped > I spoke to consumer direct who said that was very wrong what they did and have referred it to trading standards .

 

any ideas on how to go about this