lloyds claimform - old tsb debt - Lost Case - agreed variation order - but DCa's keep still chasing to up agreed payments

[mkb]

Living up to their initials - ****!

[Dorabell]

I could call them worse than that:)

Hi

HH can i ask your advice please:)

i have an hearing next week:

i have to send my objections this week

is there any forms i have to fill in or do i just put in writing,

do i have to put copies of proof of payments and a copy of the court order as well

or do i have to take them just on the day,

also will my OH have to send objections will it make any different

your advice is most appreciated thank you:)

[hammyhound]

Dora,

This is your OH's objection letter - short and sweet I know but I was told to keep it that way.

Send it to the court and ask him/her to sign it at the bottom.

I would be grateful if this letter could be placed before the Judge at the hearing on

I object to a charging order being placed in that I have a beneficial interest in that I jointly own this property.

When the house was purchased I solely paid the deposit and I am maintaining the mortgage payments. In the present economic climate and due to the fact there are a number of secured creditors we at the present time have negative equity.

At the same time but not in the same envelope, send a statement.

This was my objection statement. You must edit to suit (some bits you will need to take out) but bears similarities to your own. Hope it helps.

I, Hammyhound of hereby make this statement from my own knowledge and belief detailing the chronology of events and why I believe a charging order should not be placed on our property.

 1. On District Judge made an order that Judgment be entered and that at the same time the case be listed on to consider instalment payments, a copy of which I enclose marked “A”

 2. On District Judge ordered that I pay instalment payments at the rate of £ per month.

 3. I received a letter from the Claimant’s solicitors enclosing an Interim Charging Order together with their application for a charging order. District Judge made that order on . I can only assume that District Judge was unaware of any instalment order in place when making that charging order as case law states that

 Section 86(1) The County Courts Act 1984:

 ' Where the court has made an order for payment of any sum of money by instalments, execution on the order shall not be issued until after default in payment of some instalment according to the order '

 This was further considered in the case of Mercantile Credit v Ellis in The Court of Appeal 1987. It was found that the wording of the Charging Orders Act states quite clearly that no further action could be taken without a default in payment.

 4. Before the charging order application was heard on the Claimant’s representative handed to me case law which he said “this case law takes precedence over Mercantile Credit v Ellis. I was unaware of this case law Ropaigealach v Allied Irish Bank and asked District Judge for an adjournment so I could take advice.

 5. I am advised that this case bears no relevance to my own as my instalment order was made before District Judge considered the Claimant’s application.

 6. I respectfully request that the Judge considers this statement and dismisses the Claimant’s application as an instalment order was already in place before the Claimant’s application for a charging order and that I have not defaulted on any payment.

 8. I believe the contents of this statement are true.

 Dora, don't forget the heading at the top.

 You can put in a copy of your statements as an exhibit say at 3.

 I exhibit hereto copy bank statements showing that all instalment payments as per the Order dated have been made and that they are all up to date.

 Send them separately or even better take them to the court and get a receipt.

 Any questions come back.

 

HH x

[Dorabell]

Thank you so much HH

[cymruambyth]

How did you get on, LTSB playing silly xxxxxx with us

[Dorabell]

Hi HH thanks for the above

this went to court last week

unfortunately i could not make it through illness:

 i have received a letter from the court today:-

it is ordered that the application for charging order is struck out and the charge created by the interim charging order is discharged

thanks once again for your help:)

[hammyhound]

Horray, another one in the eye for SCM and they can't even claim their costs for it, even better.

 

Even though you didnt attend their claim for a CO was struck out - I love it.

 

Dora, I only helped a little at the end, I have followed your post from the beginning and it is all the other Caggers who helped you through this that need the thanks.

 

Ring up the Land Registry in a few weeks and ask if the restriction has been removed, if not send a letter to SCM with a copy of the court order asking them to remove it. Make sure once you get the Office Copies from the Land Registry that it is in exactly the same form before SCM made their application.

 

Never miss a payment - not even by a couple of days because as you know SCM will try anything.

 

I am so pleased for you.

 

Hopefully the site team will change it to a "Won".

 

HH

[Dorabell]

Thanks HH and yes i do thank all the Caggers that have helped me:) with out there great help i would not have got through this:) and also a big thank you to Andy who i have been badgering aswell:lol: so once again all a big thank you:D

[Mydogsawestie]

Hi Dorabell

 

Have read your thread today & realised I am in a similar situation to you now. Having read what Andy said at #412 just makes me wonder now myself if I should accept my miscarriage of justice done to me aswell with my judgement I was served this week for a hearing next week.

 

Your information posted is giving me food for thought & wanted to say how admired I am on being so accepting of it, you are truly remarkable. I wish you well MDAW x

[Dorabell]

Thank you so much

as i said with out the help off Andy:) and the other Caggers:)

i would have not come this far it has not been easy as you now a lot off worry and stress but dont let the buggers get you down fight all the way because you can only pay what you can afford:) good luck

[Dorabell]

Hi HH have rung the land register restriction has been removed by SCM thanks once again:D

[AndyOrch]

Hi Dora I trust you and yours are keeping well

 

Are you all sorted out on this now?

 

Regards

 

Andy;)

[Dorabell]

Hi Andy ok at moment lol:) yes its all sorted i think:) thanks once again:)

[Dorabell]

hi

all i need another bit off advice please again:???:

I have just checked my credit report,

i have found the account that i had with lloyds who took this to court and won ccj in 2009:{did defend but lost}

this account has not been updated since 2008:???:

they have started to update it now:???:

it does not say ccj,

just says it was defaulted balance, current balance, and the date it was defaulted on 2008, and file updated for the period xx xx 2011

i would have thought they would put a ccj on the account:???:

i hope i have,nt confused you all lol:-)

advice would be appreciated thanks:-)

 

Bump:-)

[BRIGADIER2JCS]

Any CCJ will be shown in the Public Information

Section of your CRA report, if you are sure that

a judgement was made and it is not on the files

check with Trustonline(there is a charge).

[Dorabell]

Hi Brigadier thanks for your reply:-) its not showing up on my public information part, i have checked with trustonline guess what its not registered on there

either:???: im baffeled its to whats happening to all that money i have been paying monthly since november 2009:-x

[BRIGADIER2JCS]

Silly question are you sure a CCJ was granted, it would most certainly

be on Trustonline.

Is any one chasing you for this??

[Dorabell]

yes i went to court sept 2009 lloyds was granted it i have been paying every month to them very confusing is,nt it

[BRIGADIER2JCS]

I think now the only approach is

a SAR to LloydsTSB , strange Carters

letter makes no mention of a CCJ.

Use the template letter from the CAG

library and amend it to suit, there is a

statutory fee of £10 and they have 40 days

to supply all the information they hold.

[Dorabell]

Hi sent for all the information on the above no joy yet still got a week or so thou still up are dating information on my file does,nt correspond with what i have paid to date

very confused:???: lol

[BRIGADIER2JCS]

I can't say I'm surprised at that Dora, there are many odd variations on debts on each

CRA file, so the info should give us some clear (I hope) as to what the real situation is.

[Dorabell]

thanks for your reply:-)

[BRIGADIER2JCS]

This is actually getting out of hand the number of variations on individuals

credit reports is I think going to cause some very severe headaches.

[Dorabell]

well have had a letter from lloyds saying that they will be sending all the documentation with in the time scale i wait their response:-)

[Dorabell]

well 40days are up today no joy yet:|