charging order about to apply for enforcement

[izzitme101]

My dad has a charging order on his house for around 5k,

and for the last few years he has been trying to get info,

as he didnt know it had been applied for, or a ccj given or anything of that nature.

 

Having finally found from the dca who the orginal creditor was allegedly,

the original creditor is adamant that my father has never had an account with them.

 

The fos was due due have a final adjudication on this friday,

which we will hopefully hear about this week,

but how do we stand with having the charging order

and ccj set aside in these circumstances,

should they rule that the account never existed?

[citizenB]

Sorry, I am not quite sure what you are asking.

 

There is a charging order on your Father's property.

 

Your Father has never received a claim form from any creditor. So he has not had the opportunity to defend this in court. Presumably a CO has been awarded in Default.

 

Whose name is on the charging order ? The name of the claimant ?

 

You have been given the name of a Creditor from the DCA, but that creditor advises there was never an account with them ?

 

 

Have you searched Trustonline.. link below - to see if there IS a charging order on any property your Father owns ?

 

http://www.trustonline.org.uk/

 

Who is the DCA who is pursuing for payment/enforcement.

[izzitme101]

there is a charging order, in cabots name. '

 

We had reason to download the deeds recently, its in cabots name,

the original creditor is RBS,

who are denying any knowledge of my father having ever had an account with them.

 

The ccj and charging orders would have been defaults as my dad was extremely ill at the time, and he never received any paperwork..

 

The situation came about after forcing cabot to tell us who the original creditor is,

and trying to claim back any back ppi, which we know was mis sold because he wasnt allowed the card without it.

 

he just received a letter yesterday saying if it isnt settled in full by aug they will apply for a forced sale.

 

I dont think they will be allowed as he is severely disabled,

but he more worried about extra costs ect, and if we can do anything about the oc's denials.

[dx100uk]

what does his cra file say anything?

 

dx

[dx100uk]

noddle might be useful

 

it could be that its outside of 6yrs and RBS hve destroyed everthing

 

an the CCJ has gone tooo..

 

dx

[izzitme101]

We suspect that rbs has destroyed everything, however, doesnt a charging order mean it cant be stat barred?

 

Ill get him to get his cra file tommorow when i see him, im more concerned about the fact that there is a charging order, and a denial from the oc on the same account.

Would it be an idea to get all the paperwork off of cabot relating to the original co ect?

[dx100uk]

a CO can never be sb'ed no

 

but that has no bearing to/ with the holding of records

[izzitme101]

So if the oc is denying an account existed, is there a chance for the co to be removed?

[debbbbsy]

CCJ's and Charging Orders do not become Statute barred.

 

In order for Cabot to further enforce the claim they must have the claim number, and this will be on the correspondence you have recieved.

 

Using this claim number submit an N244 to the courts, an application to set a side the CCJ. You say your father has been ill, attach with the application as much proof as you can that he was unable to defend the claim because of this. Also attach all the letters you have from the bank stating that they have no proof that a debt has ever existed.

 

This should atleast prevent any further action.

 

Another route, is a 'Declaration of Enforceability', this can be applied for after judgment when the claimant seeks to further enforce a judgment order. You can challenge the enforceability of the original claim. As cabot are seeking to further enforce and are threatening a For Sale order, demand from them proof that the CCJ was gained ligitimately.

 

The case law on this is southern district v mary elizabeth turner

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?202167-Help-with-N244-form-please

[izzitme101]

thanks ill get a look at that