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HFC, Restons and Charging Order


trufflesbum
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Hi all,

 

Writing on behalf of my husband, who has just received a letter from Restons. The letter states they have a charging order on our house for £10,611 and intend to "enforce this by way of possession and sale" if payment isn't agreed within 14 days.

 

I've been with my husband for just over two years, and the charging order was not applied for in that time, neither have we paid Restons anything. My husband cannot remember ever receiving a CCJ or charging order.

 

In October 2009 Mercantile had the debt, and we wrote to them asking for evidence of liability and never heard back. They then passed it to Ruthbridge in May 2010, and the same thing happened.

 

I don't quite understand what Restons are doing, and what we should do next. Surely if Restons had the charging order and CCJ all along, they had no need to pass it to Mercantile or Ruthbridge?

 

Any suggestions for what to do now? I'd like to send a CCA request, as well as asking for a copy of all correspondence on file (mainly copies of CCJ & charging order) but am a bit worried that if they do really have a charging order, this will make them mad thus making the more like to go for sale of the house.

 

They say if they don't hear from us within 14 days, they'll be contacting the mortgage provider. The most frustrating thing is that we have enough equity in the house to pay the debt but because of credit history, no one will let us remortgage! :-x

 

Any advice greatfully received

 

Wendy

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Hi Truffles

 

I've moved the thread, hopefully some of the guys will respond shortly.

Was it a Credit Card Account originally, are there any Penalty Charges, or Mis-sold PPI on the account?

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Hi Rebel,

 

Thanks for moving this, and apologies for putting it in the wrong place!

 

We're not sure what the original debt is . Husband thinks it could have been a store card (I have no idea how he can 'forget' £10,000!!), but all attempts to find out have gone unanswered.

 

Wendy

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Have just spoke to husband about this. He believes this was originally a loan. The confusion is because he believed the original loan amount was £3000, and doens't understand how it got to over £10k. I'm guessing the rest is interest and charges. Don't know whether this makes any difference.

 

Wendy

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