Removed charging order

[herbie171]

I was awarded a set aside, the other party did not turn up, sent a letter of discontinuance.(Mortimer Clarke)

 

I was also awarded costs nearly £300 to be paid in 28 days, this time limit is up on Wednesday, no payment yet.

 

What would be my first step to recover the costs

[supasnooper]

Have a look at this post by x20 -

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-2303233.html

[herbie171]

Have a look at this post by x20 -

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-2303233.html

 

 

Why would I need a Notice of Commencement I have already been awarded costs by the judge, they may have sent a letter of discontinuance, but I turned up for the hearing. Hence the award of costs.

[supasnooper]

I referred you to the link just in case Mortimer Clark have disputed the amount of the costs as they have yet to pay them.

 

Contact the court to see if they have disputed the amount of costs.

[herbie171]

Thanks supasnooper will do that today

[42man]

What usually happens is you make an application to the court I think for a Warrant Of Execution (give the court a call) to send bailiffs in

[herbie171]

What usually happens is you make an application to the court I think for a Warrant Of Execution (give the court a call) to send bailiffs in

 

That would be nice a taste of their own medicine

[Having_A_Knightmare]

What usually happens is you make an application to the court I think for a Warrant Of Execution (give the court a call) to send bailiffs in

 

Would be intresting to see if they go to MArlins or MCS...are they the same!!!!!!!!!!

[herbie171]

I sent a letter to HFC Bank and to Marlin both were the same as both have defaulted me for the same debt here is a copy of the letter I sent to both companies and here are the repiles.

Remember none has ever produced a CCA and I have even sent a subject access request to both HFC and Marlin, what would be the next step sue them?

 

http://i619.photobucket.com/albums/tt274/corinadeva/74.jpg

 

http://i619.photobucket.com/albums/tt274/corinadeva/75.jpg

 

http://i619.photobucket.com/albums/tt274/corinadeva/76.jpg

Edited October 8, 2009 by herbie171

[42man]

I would try this first on the original creditor - http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

[herbie171]

HFC Bank are the original creditor, none have a CCA they are both blaming each other

[exasperated]

Hi,

Have you got that in writing that they do not have a CCA that could be useful?

If you have or have not you would be advised to send whoever owns the account a account in dispute letter. This basically will remove any legal right they have to pursue you, contact you or collect any monies owed.

Here is a sample, have a look and edit to suit.

Hope its helpful

exasp

Re: my request under the Consumer Credit Act 1974[/font]

ACCOUNT IN DISPUTE.

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

The lack of a valid and enforceable credit agreement is a very clear dispute and therefore the following applies:

• You must not demand any payment on this account, nor am I obliged to offer any payment to you.

• You must not add any further interest or charges to this account

• You must not pass this account to any third party.

• You must not issue a default notice on this account

• You must not register any information in respect of this account with any of the credit reference agencies. To register information with the credit reference agencies, or to issue a default notice, would also be in breach of Section 13.6 of The Banking Code, which stipulates that you can only register such information if the amount owed is not in dispute. I note that you are a subscriber to this Code

I would like to draw your attention to the attached copy of the response from who clearly state that no account can be traced from the correct 16 digit account number I supplied to them and after you yourselves have completed your final checks and other searches you failed to provide me with a copy of a valid contract binding both parties as required to do so under regulated agreements and contract law

In view of the above, I am very confident that you will agree with me when I say that having no agreement does not meet the legal requirements and thus would be unenforceable if you wished to be pursue this matter further in a Court of Law.

When the permitted time has expired for you to produce an enforceable agreement whilst in dispute I will cease to make payments to

you and consider the account closed.

[herbie171]

When you have won a case and the judge ordered the removel of a charging order how do you find out if it has been removed?

Thanks in advance

[broken arrow]

When you have won a case and the judge ordered the removel of a charging order how do you find out if it has been removed?

Thanks in advance

 

You would have to contact your local land registry.

[Ganymede]

Really the Claimant should deal with removing it.

 

As broken arrow says, get office copies from the Land Registry.

[broken arrow]

The claimant in my case did not bother to remove the CO, I had to do it myself.

[Ganymede]

Did the LR not send you a Completion of Registration showing the new title deeds?

[herbie171]

I had a charging order against my house, Cabot, say no more, we went to court and we won, the judge ordered the removel of the charging order, when cabot had the order attached I was sent a copy from the LR stating that they had attached one but I have not had anything from LR stating it has been removed.

[cymruambyth]

I also had a failed CO application by Cabot. I wrote and asked then to confirm that it had been removed and they sent confirmation.(I also double checked with LR to ensure Cabot were telling the truth......)

[asokn]

As said, the official copy of the register of title from the LR will be definitive evidence of whether the charge is still registered. I think a copy of the register costs about £4.

[herbie171]

I will try and cut a long story short

 

 

 

1, Had two credit cards with HFC Bank

 

2, Defaulted on both

 

3, Account passed to Restons

 

4, Charging order obtained by Restons, was paying at £40 a month

 

5, Account then sold and taken over by Mortimer Clarke.

 

6 I discovered Cag

 

7,Letters from Mortimer Clarke pay or else

 

8, I applied for set aside claiming I did not know anything about the debts (he he he)

 

9, Mortimer Clarke wrote to court advising discontinuance

 

10 Court orders the case be discontinued, the removal of charging order and awards £75 costs

 

11 receive letter from Mortimer Clarke stating that they are in the process of removing the charging order, this letter dated 1st July 2009.

 

12 Friday 12th April 2013 I discover that HFC Bank have two charges against my property each for 50p

 

Question is there anything I can do to screw HFC ?

[AndyOrch]

Hi Herbie so what has happened to the two County Court Judgments?

 

Andy

[herbie171]

Hi Andy

They are finished nothing more to pay dismissed

[AndyOrch]

So the CCJ and CO,s dismissed...Im at a loss to what else you require help with:???:

 

Andy

[herbie171]

#12 In my opening post HFC still have two charges against my property even after the court ordered them to remove the charging orders