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Link and their old charging order...possibly long winded.


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Many years ago (about 2004) me and my now ex-husband got a loan for £7k to buy a new bathroom and kitchen for the house we then owned.

 

The loan was through Welcome Finance.

 

After a few payments we got in to difficulty,

 

Link Financial took over and very, very quickly got a charging order on the house.

 

I would, at a best estimate, say this was about April 2006.

 

In 2009 I left my (ex) husband and the house was sold in 2010.

The house didn't sell for enough so Link never received a penny.

 

Just yesterday they called me and asked me for my address.

They only told me they were called Link and that was about it.

Of course, I refused on the basis that I haven't a clue who they are and I wasn't giving my address to a stranger on the phone.

 

I don't understand charging orders that are no longer charging orders so I'm not sure of the statute barred rules on this.

 

They last received a payment 2005 or early 2006 and nothing since.

 

I have never spoken to Link and I can guarantee my ex hasn't either.

 

he declared himself bankrupt about 2 1/2 years ago so they won't be bugging him (well, they may be....Link don't seem to mind, do they?)

 

Does the fact they had an order sat on the house for 4 years mean the SB clock began after the house was sold or does it still start from the time of the last payment.

 

This was originally an unsecured loan.

 

Link cleverly turned in to a secured loan via a charging order.

 

However now I have no property what exactly is this loan now?

 

Confused. Any help would be appreciated.

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Statute barred = no payment or acknowledgment in writting fo 6 clear years,

the best route forward now is to check your credit reference files, this will show

the status of the debt.

My guess is that this is statute barred or nearly so and Link are chancing their

arm.

If the CO was in place when the house was sold then link would have been paiid.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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The CO has now reverted back from a secure loan to an unsecured loan. For them to get a CO they would have needed to have obtained a CCJ first... whose name was the CCJ in? Because if it was just in his his bankruptcy would have included it & it's too late now for them to chase you if you were jointly liable.

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I have just checked my credit file and under "Court Info" which shows CCJ's there isn't one showing for this...

.nor do Link show up.

Or a charging order.

 

Welcome are showing up though.

Got my dates wrong and it's from October 2007. So, it's no where near SB.

 

Just confused as to why nothing else is showing up for this?

 

The file is being updated every month though.

 

Hmmmm....I can't remember getting a CCJ but they definitely had a charging order.

I remember trying to re-mortgage and I couldn't get one because of it.

 

they haven't had a payment since January 2008 and I haven't spoke to them in all this time.

If, and when, they find out where I am living and send me a letter I will write to them and sort something out.

Glad to know it's classed as un-secure again though.

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Statute barred = no payment or acknowledgment in writting fo 6 clear years,

the best route forward now is to check your credit reference files, this will show

the status of the debt.

My guess is that this is statute barred or nearly so and Link are chancing their

arm.

If the CO was in place when the house was sold then link would have been paiid.

 

The CO was in place when the house was sold.

 

However, my other half returned the keys to the mortgage company who then sold the property at auction.

This was to save repossession I think.

 

the mortgage company massively undersold the house (it was worth £125,000. They sold it for £65,000).

 

I know they should not have done this but hey-ho.

 

So they got their money but nobody else did.

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Ahhh as it's Welcome the answer is Welcome exist only to collect outstanding book

debts and do not take new business and are working through loads of accounts in the hope

of collecting.

Do nothing until link put all in writting.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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I can't remember getting a CCJ but they definitely had a charging order. I remember trying to re-mortgage and I couldn't get one because of it.
Could your husband have entered a voluntary charging order? In which case a CCJ wouldn't have been needed.

 

Were you both signatories to the loan?

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Oh...just looked in "financial associates" and Link are showing up, in my ex's name, from 2004.

 

Maybe it is this one rather than Welcome....will have to wait and see.

 

It sounds more probable as we had the charging order before 2007.

 

I have confused myself!

 

My original post is more likely what Link are chasing.

 

Nothing on my credit file about this, just under my ex's name.

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Could your husband have entered a voluntary charging order? In which case a CCJ wouldn't have been needed.

 

Were you both signatories to the loan?

 

No, he wouldn't have done that and yes, we were both on the loan (his name first). This has got to be Link from 2004 rather than Welcome from 2007.

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I have thought about doing that as I am sure there is PPI on the loan.

That'll just be taken off the loan amount owed so I haven't bothered....yet.

 

Like I said, I'm not too sure this is Welcome.

 

Welcome were added 2007.

 

Link were added (although in my ex's name) in 2004.

 

Not sure who it is but I am digging around.

 

It could well be GE Money and we had a loan from them as lots of work needed doing when we first moved in.

 

Should I SAR GE Money or just wait for Link to write to me.

 

Don't really want to play a guessing game.

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My advice is to do the SARs it's likely this will be

the only way given the time scale to get to know

what's what.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Okey dokey. Will send them off on Friday. Does it not matter that I haven't got a reference number....? Do I just put my old address (the one they originally had)?

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Yes give as much historic info as you can.

 

Address the SARs to the Data Controller.

rd them so you can check delivery date the

40 days start on the day they receive the

request.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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i bet they will owe you/!!

 

link up to their usual spoofing antics i see

 

and stay off that phone too!

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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why not check www.trustonline.org.uk

 

to be sure too on that CO.?

 

not sure it it will help though?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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There definitely was a charging order as it prevented us re-mortgaging at the time. It was Link too. I remember it clearly :) The CO doesn't exist anymore as I don't own a home :)

 

I don't ever speak to these people, but they called me, didn't recognise the number so answered. This is the first time I have spoken to them and won't be doing it again. They were all friendly and everything :D Almost begging me for details. I let them put me on hold then I hung up. They haven't called again.

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Well the CO is dead and buried, get those SARs sent asap.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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