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Time Limit on transfer of property/Charging order


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Hi, I am being chased by Arrow Global for a debt of £6000. The have writen stating that they intend to get a CCJ and if the judgement is not to their liking, they will seek a charging order to a property they believe I have an interest in.

 

I do owe the debt, but can only affored a modest repayment which I havent offered as yet.

 

The property was in both mine and my dads name, but I transferred it back to my dads name six years ago. So now the property is soley in his name. (the reason for this, basically I never paid my share of the house purchase, so my dad wanted it back into his name)

 

Under these circumstances could they get a charging order? I know on bankruptcy forms is asks if you have owned a house in the last five years.

 

I am going to make an offer to pay the debt, but its going to have to be low, and I think they will take me to court.

 

Also Arrow Global, say they have purchased the debt from MBNA, if this is the case, do they have the authority to take me to court, or is this scare tactics?

 

Thanks

 

JJ

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  • 2 weeks later...

re CO generally see here for eg http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=15_charging_orders_in_the_county_court

http://www.consumeractiongroup.co.uk/forum/showthread.php?203298-A-guide-to-Charging-Orders-amp-Orders-for-Sale

did you get any form of notice from Arr G re their 'purchase'?

credit card or loan? is the agreement enforceable? did you do a sar? did you get a default notice? any missold ppi and/or charges involved? how old is it/when did you last make a payment? etc?

IMO

:-):rant:

 

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Hi Ford, thanks for your reply. Arrow Global, sent me a letter saying that they purchased / been nominated as DCA from MBNA.

In fact they said they purchased two accounts, but I told them one of them was in dispute, and they went quiet about that one.

 

Im pretty sure that the account in question is enforceable, due to the fact I took it out "online" a few years back when compaines had

got their act in order. No missold PPI. I think they have a good case to be honest, however this was the last card I took out, and

bearing in mind I already had four other cards from MBNA, I might be able to claim they were reckless lenders? I was totally in the

....****e house...when I took that card out.

 

My understanding is that if a house has been gifted/sold for more that five years ago...they are knackered...(no fraud which not the

case here). I havent had any contact....for a while.

 

If they do take me to court ( I stopped paying ages ago) I will have to offer a payment, and take it from there.

 

Thanks

 

JJ

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hi

imo

they would need to have sent you a 'notice of assignment'. if that's all in order then they would be able to act on their own re court.

did you get a valid default notice? you say you stopped paying ages ago? any chance of it being statute barred?

imo, i can't see how a CO would be applicable in your case if you do not currently 'own' or have a 'part share (interest) in' any ppty. they haven't even got a ccj have they?

a sar may be useful?

IMO

:-):rant:

 

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Hi Ford, thanks for your reply.

 

I just dug out a letter they sent that states the debt has been Assigned by MBNA. It goes on to say how important and nasty they are with thousands CCJ cases ongoing etc.

 

They say believe im a property owner, and if I refuse to make payment or payment plan (acceptable to them) they will seek a CCJ and if that is not satisfactory they will go for a charging order. As I stated in my original post, the house was transferred over six years ago. Its fully in his name now.

Im pretty sure that after five years, there's not much they can do...but im not a lawyer...and things are always what they seem!

 

By the way, MBNA, after I put four of the my five accounts into dispute (recorded delivery and have copies etc, after SAR) sent my details to several DCA's. I have kept all the evidence of this ie, letters from the respective DCA's, if Global Arrow do take me to court, im going to take MBNA to court for damages, they have clearly broken the CCA 1974 and DPA 1984 on multiple occassions which is surley willful contempt for the law? By taking me to court...if thats what they do...I have nothing to lose and I will do it.

 

 

JJ

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as you say, you are not a 'ppty owner' and they don't even have a ccj! so, a CO is n/a IMO. they would need to have a ccj first, and then non compliance of such, before even considering a CO!

IMO

:-):rant:

 

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Hi Ford, no they havent mentioned bankruptcy. I have thought of it myself. Get most of the crap

over with in one day....and it costs around £500. Thats a better deal than paying them £6000 over

a number of years and would ensure others dont pursue me.

 

As for transfer of assets, i dont have any assets to transfer, im broke without work and am never

going to pay off my debts. In fact only one or two creditors are bothering to chase as they can

see its a hopeless situation.

 

Im going to give bankruptcy serious consideration.

 

Thanks

 

JJ

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If your total debts are under £15K you could consider a DRO rather than bankruptcy + it's about £650 cheaper to do. ;)http://en.wikipedia.org/wiki/Debt_Relief_Order

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Hi Cerberusalert, thanks for your reply. My debts are too big for anything but bankruptcy.

 

Have you the knowledge to answer my original question? (the start of the thread, rather

than me type it out again)

 

Is there a time limit on transfer of property? This is my only real concern to be honest. The

creditors cannot have what I dont have....as im broke thats pretty much zilch.

 

Thanks

 

JJ

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Given the time period I doubt very much they'd succeed if they tried, it will be covered by the Statute of Limitations anyway.

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I'm just thinking aloud here but if they are under the impression that you have assets they could well try and bankrupt you.... this will cost them over £1K and if they don't do their job properly and try to cut costs by not doing a land search it could prove a costly error for them & save you around £750 bankruptcy fees. ;)

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Hi Cerberusalert, thanks for your replies. Im going to hang on, and do nothing

as many of these companies threaten and do nothing.

 

However I get the impression Global Arrow are a bit more serious. They sent

me something about the DPA 1984 saying they could hold the data about me,

and then they sent a "notice of Assignment" letter threatenig CCJ and if not

succeesful Charging Order.

 

Also in my defence, although i rang up very large amount of debt, (all unsecured)

I had some of those cards for 20 years! I paid an awful lot of interest over

multiple cards. Also MBNA were prepared to give me no less than five cards!

Surely they have a responibility to be a responsible lender. In fact the card they

are chasing me with, is in fact the last card I ever took out, so they should have

done their due diligence. Although I admit my responsibility and should have

faced up to the situation alot earlier.

 

Thanks

 

JJ

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Have you send any CCA requests for any of these debts? If not it would be worthwhile given the age of them as it's likely some if not all the older ones will be unenforceable.

 

As for a charging order, they would first need to obtain a CCJ anyway & even then you would have had to defaulted on that & given your circumstances even if a CCJ was made against you it is highly likely that a judge would order minimum payment which could be as low as £1 per month.

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Hi, yes done the CCA request on all the accounts, I had a letter the other day

(although I did the above around a year ago) saying that they would not take

action as they could not supply a contract on that account. All but the one

they are chasing me for, are in dispute for various reasons, mainly the print

was so small you would have needed a magnifying glass to read them. I sent all

recorded delivery and have copies of everything, DCA's attempts, contracts,

etc. Even if they are enforceable...I cant pay them.

 

Are you saying that only if I default on a CCJ can they try for a charging order,

because they are implying that if their not happy with the outcome of CCJ they

will try for a CO.

 

Thanks

 

JJ

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Are you saying that only if I default on a CCJ can they try for a charging order,
Yes.
they are implying that if their not happy with the outcome of CCJ they will try for a CO.
All they could do would be apply to the court for a redetermination order and by doing that they will be urinating into the wind because a judge would be unlikely to change the original order unless there was a significant change in your circumstances... in fact it would probably P him off enough to order you to make a lower payment.

 

DCAs like to kid themselves that they can do more or less what they like but they forget the legal system is a very different ball game & if they don't play by the rules of the judiciary they'll get more than a 'slap on the wrist'.

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Hi Ford, no they havent mentioned bankruptcy. I have thought of it myself. Get most of the crap

over with in one day....and it costs around £500. Thats a better deal than paying them £6000 over

a number of years and would ensure others dont pursue me.

 

As for transfer of assets, i dont have any assets to transfer, im broke without work and am never

going to pay off my debts. In fact only one or two creditors are bothering to chase as they can

see its a hopeless situation.

 

Im going to give bankruptcy serious consideration.

 

Thanks

 

JJ

hi

 

i wasn't suggesting that you transfer any assets (as you said before, you don't have any ppty!). what i was referring to in post #7 before is that, re your original post Q, are you thinking of the so called issue relating to when someone is being made bankrupt and they decide to 'transfer' their assets before, and whether the assets can then still be 'possessed'? but, i don't think the same issue applies re CO's? i was also asking whether they had threatened you with bankruptcy.

imo.

IMO

:-):rant:

 

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Hi, Ford & Cerberusalert, thanks for your post's. Its clarified my mind somewhat,

I was pretty sure they would be limited to CCJ, and it that happens ill pay what

I can afford.

 

Thanks again

 

JJ

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