And Another .... Charging Order by MCE Portfolio and Mortimer Clarke !!!!!

[big wazza]

People ask me why I have just enrolled as a 1st year Law Student on Open university....i reply "if you lived my life you would know why ?"

 

So credit card debt for my WIFE not me, I lost some 18 months ago which was bizzarre as I had won 2 previous court appearances different creditors with the credit agreement arguement but this one they used the case arguement and won. I asked the judge how that can be and he said he had viewed it differently.

 

So they got an order, i refused to pay it, they then tried all sorts and the order has changed ownership a few times as MCE have changed names etc and moved it about, the original debt i think was barclays or lloyds.

 

Anyway I have not entered into any correspondence with them at all (wrong I know) so eventually they got a charging order on the house and to be honest this was done underhand as we were not advised and all of a sudden the charging order appeared. To be honest it wasnt the end of the world.

 

i do find the law FATALLY FLAWED that you can take an unsecured loan with a credit card company that when sold the DCA can make it SECURED by way of a charging order on your property. SURELY THIS MUST BE WRONG and against Human Rights (It seems to work for everything else lol)

 

I think the original debt was for 2500 which they now estimate at £5500 with interest I havent told them yet that they can not charge interest on the debt and it is protected by CCA so the final order amount is the only amount that they can pursue.

 

Anyway they recently applied for a Restriction against the land with the land registry. I opposed the registration with the land registry who did not agree and granted the restriction, again something that is flawed in a big way. I think there is a junior at the office who has 5 rules on the wall and if you dont mention these criteria its a no. I actually quoted laws and recommendations etc and the fact its a joint property and I opposed it on my shaare of the property etc etc so thats another cast to pursue !!!!

 

Now they have sent a valuer around for an external valuation and will apply for an order of sale.

 

I will now apply or go to court with the following arguements :-

 

It is a jointly owned property

There is no equity

There are 3 other charges on the property in front of them plus the mortgage so they wont get a penny

It is a family home 5 children youngest 3 yrs old so they will need to wait 13 years at least

 

and my opinion is that if you choose to take an option on my house you can wait for your money !!!

 

So can somebody let me know if I am correct....Please

 

Oh this is all on top of another 2 court cases (water and a parking fine as well)

 

aaaarrrrrrggggggggg

[Ganymede]

Hi,

 

There is nothing wrong or against your human rights to apply for a CO sorry.

 

Regarding the Land Registry, your appeal had no merit as the Restriction is not being placed on your share of the property, only your wife's beneficial interest, essentially her 50% share of the ownership not yours.

 

What has actually happened to date, is it in Interim Charging Order or a Final Charging Order? Did you receive no paperwork of notice of a Court hearing?

 

As for the OFS, they are all very good arguments to use. I very much doubt that the OFS will get to Court and if it does it is even more unlikely that a Court would force the sale of the house with 5 children living in it.

 

Seek some legal advise if you're still concerned.

[big wazza]

bump can anybdy shed anymore light on the subject at all ?

[Ganymede]

bump can anybdy shed anymore light on the subject at all ?

 

 

 

What more do you want to know?