DLC charging order please help...

[Suzie Surf Girl]

Hi please can someone help me I have today just received a letter from dlc clients Hillesden Securities Ltd formerly Agos Card Services. I have been paying them monthly and now have received a letter saying they are going to issue a county court claim to apply for a charging order as my debt will take too long to pay back and they want some security... I am so worried do I phone them to say I havn't been asked to up my payments or anything or had any contact from them for a while debt is £1656 and I have been paying £15 a month. Can they really get a charging order on my home? am so worried I feel sick

[PGH7447]

Nope dont contact them, they would look pretty stupid if they took you to court after you have been paying them a sum previouly agreed with them

 

Have you ever asked for the agreement by means of a cca request?

[PGH7447]

and it will only take just over 9 years at this rate, one of mine is taking 17 years

[DonkeyB]

Have you ever sent a CCA request?

[DonkeyB]

Sorry PGH, posts crossed. Don’t think a court would be too impressed by court action when you are making payments. As they are being greedy, let’s help you give them a good kicking...

[Suzie Surf Girl]

Thanks for your reply I will send them a cca just so worried that they will put a charging order on my house do you know if they have done this to anyone? to be honest I was going to up my payments with them to try and get it down and then when I can remortage again which is aug 2012 and then make them an offer. Just a shock letter like this is awful how can these people get away with sending letters like this.

[DonkeyB]

They can’t get a charging order without first getting a CCJ. They are trying to frighten you.

 

Also, once you have sent the CCA request, they cannot take any enforcement action while in default of that request.

 

Have you ever had a notice of assignment? When did you open the original account? Tell us all you can.

[Suzie Surf Girl]

Hi yes had a notice of assiegnment 2 years ago telling me debt is now with them - it was an argos store card I defaulted on in 2007 I had an arrangment with them then I missed a few payments so hence they passed the debt on to DCL. I have paid them ever since got a couple of calls over the past few years trying to make me pay more but I advised them I couldn't but not heard anything from them for at least 7 months now and I have been paying them on time

[Suzie Surf Girl]

sorry could you please give me the link to the CCA letter - thanks so much for your help

[DonkeyB]

http://www.consumeractiongroup.co.uk/forum/content.php?414-CCA-request-letter

 

Adapt to suit.

[dx100uk]

sorry i dont think its worth doing the cca TBH. its a 2007 jobbie.

 

i'd be more inclided to SAR them and look to see if you've had loads of unlawful fees added & got PPI.

 

get reclaiming and ignore those fleecing dca's!!

 

dx

[DonkeyB]

Defaulted in 2007 dx – we don’t know yet when it was taken out, but as you say I imagine it‘s an unlikely route for success. Can you tell us, Suzie?

 

Does anyone know who administers Argos cards?

[Suzie Surf Girl]

Hi - the card was taken out in 2002. I havn't had any other charges added to the account and I didn't have any PPI either. I have been told that they cannot do a full charging order if the property is jointly owned its only a restriction they can put on it and that if we sold the property ( which we do not intend to) then the property can be sold without paying them a penny the creditor would only be told once the property is sold, is this correct does anyone know?

[dx100uk]

well i doubt there's anymore to do then. just ignore them.

 

i take the letter actually had lots of :

if, but, maybe, could, instructed etcetc

 

and not just WILL go for a CO?

 

but they'll have to get a CCJ first, and you not pay it

which is VERY VERY unlikely as the judge would prob laugh them out of court and assign a smaller repayment figure than what they are already getting!

 

dx

[Suzie Surf Girl]

They just said it is their intention to issue a county court judgment for a charging order... I will continue to pay them what I have been and see what happens

[dx100uk]

they just said - on phone or letter?

 

if letter

 

scan it up please:

 

scan the required letters/agreements/sheets

remove all pers info inc barcodes etc but leave all figures and dates.

goto one of the many free online pdf converter websites

convert the image to pdf format.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

the hit reply button

 

 

if they said that on the phone, then ignore!

 

dx

[Suzie Surf Girl]

Hi - It was a letter I will try and scan it tonight if not I will type it word for word.

[Suzie Surf Girl]

Hi Sorry scaner not working! but the letter says:

 

Dear XXXXXXXXXXXX

 

Our Clients: Hillesden securities Ltd formerly Argos card Services

Client ref: xxxxxxxxxxxxxxxxxxxxxxxxx

Balance outstanding XXXXXXXXX

 

We are unable to accept your recent payment offer as it is unrealistic in comparison to the balance outstanding.

 

It is our intention to issue a County Court Claim againt you with a view to obtaining Judgment for payment forthwith then applying for a Charging Order on your interest in the property. This is because the repayment of your debt is likely to take many years and we need to obtain some form of security.

 

We feel this reasoning entirely valid but we can assure you that the Charging order is required a security only and there is no intention to seek an Order for Sale or use the Charging Order as a lever to force you to make payments you cannot realistically afford.

 

If you are in a position to settle the account by making an immediate payment,please telephone us.

 

Yours sincerely

 

Duncan Pearce

Team Leader

 

---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

I had not even made a recent offer nor had any letters from them or phone calls to discuss anything for approx 6 months.

[PGH7447]

ignore them then and continue with your payment plan, as stated in post 2 they will look bloody stupid in front of a judge

[teaboy2]

Right and a charging order is going to make you pay the debt off quicker is it?

 

Send them this

 

Dear Muppets

 

I understand you are wishing to obtain a charging order on my interest in property, solely on the basis that you believe my current level of repayments will take longer than you would like for the whole outstanding amount to be paid. So i am little bemused as why you would seek such an charging order, as it is not going to speed up the repayment of the outstanding amount. Now please answer me this - When the judge asks you "why you're abusing the court process by trying to obtain a charging order solely because you feel my current repayments will take to long for the outstanding amount to be paid, when a charging order will not effect the lengh of time it takes to repay?" what is your answer going to be? I know what the judges answer will be and that's a striking your claim out of court, and in the unlikely event the judge does issue a judgement against me, he will first want to see my income and expenditure and will likely reduce my repayments to just £1 month. So basically, as i do not plan on selling any property over the next 50 years your actions would be completely pointless and an abuse of the courts.

 

Yours sincerely

 

See what the Muppet's have to say then.

[Happyhippy1959]

Like the letter teaboy,,, will certainly use that one if the muppets Fredrickson international use that one. they have my argos card account now,, forgot about that one in the grand scheme of things, so see what they say to £669 at £1.00 a month

[teaboy2]

Hi Hippy

 

Yeah it will certainly be worth a try, and you never know, the logical points raised in the letter might make them so confused that their little pea size heads might explode. As we all know DCA's do not understand logical talk and only understand the illogical nonsense they write. lol.

[Suzie Surf Girl]

Thanks for that I will get that letter sent today, I will update you on the progress, thank you every one for your help

[Suzie Surf Girl]

Got reply to the strongly worded letter pointing out that a charging order is only a restriction if the house in joint names and debt only in mine, anyway the letter just said we will accept your offer to pay £15.00 per month which I was paying anyway before they made a fuss ! no mention of the charging order they tried to scare me with these people are so low to send letters like that knowing full well they won't go ahead with it.

[teaboy2]

Got reply to the strongly worded letter pointing out that a charging order is only a restriction if the house in joint names and debt only in mine (sorry is that what they said in the letter or what you said in the letter to them?), anyway the letter just said we will accept your offer to pay £15.00 per month which I was paying anyway before they made a fuss ! no mention of the charging order they tried to scare me with these people are so low to send letters like that knowing full well they won't go ahead with it.

 

Off course you got an acceptance of your monthly repayment offer, after the letter you sent. Considering all the bank holidays, am surprised they answered back so quickly, must have touched a raw nerve lol.

 

Well done Suzie