2007 Loan Charge signed - Now County Court 2012?

[DavidStep]

Hi All

 

I had a loan from a bank go bad in 2007, and under the threat of a Statutory Demand from the bank's solicitors, I reluctantly agreed to sign a consent and CH1 form to have the amount registered against my home.

 

In emails with the other parties solicitors, it was agreed that the money owed could be reimbursed on the sale of the property.

 

To make it clear, there was no County Court action back in 2007, and I have heard nothing since.

 

Now it's 2012, and not surprisingly, I guess, because I have not sold my home as quickly as might be expected, the bank want their money back! To that end, I have been issued with a Default Notice direct by the bank.

 

As it stands at the moment, the debt is fixed with no interest added since 2007 and simply a charge on my home. The real threat of this Default Notice of course is that if this does go to County Court, then considerable interest might be added.

 

Here's the plan, I would appreciate some advice:

 

1) Can I put the account "in dispute" by asking to see a copy of the the Agreement, and so buy time by holding off any proposed county court action?

 

2)Whilst they are sorting out the Agreement, i need to fire something off to them regarding the proposed county court action breaching our arrangement in 2007, let me explain: back in 2007, when I signed the consent and CH1, I specifically appended emails between me and the bank's solictors which make it clear that the charge attaches to the property until I choose to sell, remortgage or pay-off the settlement balance in full. So I am saying that I only signed the consent and CH1 on that basis.

 

Can someone advise what I need to do for 1), as I must act fast! Any input on 2) would be very helpful.

Edited August 1, 2012 by DavidStep

[citizenB]

Will try to find some advice for you.

 

What exactly are the terms of the consent order.

 

You can send a CCA request for a copy of the agreement - it will cost you £1.00. Needs to go to the Bank.

 

You will find a draft letter in the CAG library at the top left of the screen.

 

I am a little puzzled at them issuing a Default Notice, if you have not broken the terms of the Consent order.. this seems to a bit bizarre.

[citizenB]

Are you able to post up the Default Notice for us please ? If you follow the instructions below you should have no problems. Do make sure you edit out any personal information first though.

 

 

Dx100 – Instructions on uploading pdfs

scan the required letters/agreements/sheets

as a picture file

remove all pers info inc barcodes etc using paint

but leave all figures and dates.

goto one of the many free online pdf converter websites

convert the image to pdf format.

or ir you have PDF as an installed printer drive use that

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

the hit reply button

[DavidStep]

Will try to find some advice for you.

 

What exactly are the terms of the consent order.

 

You can send a CCA request for a copy of the agreement - it will cost you £1.00. Needs to go to the Bank.

 

You will find a draft letter in the CAG library at the top left of the screen.

 

I am a little puzzled at them issuing a Default Notice, if you have not broken the terms of the Consent order.. this seems to a bit bizarre.

 

 

Thanks for the link to the library CitizenB, i will use that letter, will that mean that they cannot then action anything after the date specified on the default notice as the account is now "in dispute"?

 

I am interested to learn the meaning of "Consent order" , what is that and where does it normally appear on the documents?

[citizenB]

I am wondering if it might also be in your interests to send Subject Access request - this is a request for all Financial data that the Bank/company have regarding your dealings with them.

 

This will cost you £10.00 - there is a draft letter in the CAG Library - The bank has 40 calendar days to comply. Your request will be for ALL financial data, including communication logs, statements, terms and conditions, etc.

 

If they are considering legal action, then you will want as much information as you can lay your hands on. If it is their intention to issue a claim, they will probably do it via the Bulk Issuing Centre in Northampton, which allows htem to issue a claim with no supporting documents.

 

The defendant is then left scrabbling to obtain information in order to aid their defence.

[DavidStep]

Here's the Default Notice:

Edited August 1, 2012 by DavidStep

[citizenB]

Thanks for that, I dont see any errors in the D/N. I think there are some questions to be asked of the company, such as ..

 

Why was a Default Notice not issued prior to the earlier threat of Court action whereby you then entered into a Consent Order.

 

From the information you have provided, you havent in fact breached any terms - the consent order replaced the original contract.. didnt it.

 

I am wondering if a court would allow them to renege on the terms of the consent order !

 

Hopefully someone with more knowledge will be along soon to advise.

[honeybee13]

Hello there.

 

I've removed the post with the pdf in it because there's something wrong with the attachment. As I opened it, I could see your name.

 

You might like to redo it and repost.

 

My best, HB

[citizenB]

Thanks for the link to the library CitizenB, i will use that letter, will that mean that they cannot then action anything after the date specified on the default notice as the account is now "in dispute"?

 

I am interested to learn the meaning of "Consent order" , what is that and where does it normally appear on the documents?

 

 

It is my understanding that a consent order provides an agreement between the parties that prevents the need for further / any court action.

 

I dont understand your last question.. "Where does it normally appear on the documents" ? - what documents ?

[DavidStep]

Hi citizenb

 

I assumed the term of "consent order" that you used had some legal status, like a court order for example!

 

If in fact what you meant by "consent order" was: whatever I agreed with the other party then please take a look at the attached consent and charge forms:

Edited August 1, 2012 by DavidStep

[DavidStep]

Thanks for that, I dont see any errors in the D/N. I think there are some questions to be asked of the company, such as ..

 

Why was a Default Notice not issued prior to the earlier threat of Court action whereby you then entered into a Consent Order.

 

From the information you have provided, you havent in fact breached any terms - the consent order replaced the original contract.. didnt it.

 

I am wondering if a court would allow them to renege on the terms of the consent order !

 

Hopefully someone with more knowledge will be along soon to advise.

 

Just read this post citizenB, good stuff. I still need to know what you mean by "consent order" as you have used capital letters with it!!! I hope the attached charge and consent i have provided help you?

[citizenB]

Hi DS,

 

Right.. having looked at that information you posted earlier.. on page 5, they confirm they have no order for sale.

 

On anothe, page 3 they advise that the sum of £XX is being secured by the charge. Whilst they mention a schedule of payments being agreed from time to time.. unless there had been something agreed to then you are sticking to the original request.

 

A Consent Order is as I said earlier, an agreement drawn up between the parties.. eg you and them , which removes the need to proceed further with litigation.

 

In this instance, it was a Stat Demand that you were presented with. They asked you to enter into an agreement (Consent Order) which was a charge on your property to prevent further action on their part. There have been no other arrangments eg.. that you had to pay an instalment of say £10.00 per month. In which case you simply cannot have breached any agreement.

 

I am sure others with far more knowledge will look in as soon as they have finished their day jobs..

[DavidStep]

That's a reassuring post you have just made CitizenB!

 

Yes, I would like the opinions of other users.

 

With consideration to CitizenB's input: potentially then I can kill the prospect of County Court action by writing a letter to them stating that the consent order supercedes the orignal agreement. In particular, the consent order makes no mention of future interest charges and is simply an agreement to repay a fixed sum at some point in the future.

 

Just thinking, if I can keep this going till early 2013 then at that point I have made no payment nor acknowledged the debt for 6 years, maybe I can get judgement myself that the debt is unenforceable, and have the charge removed from my home?

[citizenB]

That's a reassuring post you have just made CitizenB!

 

Yes, I would like the opinions of other users.

 

With consideration to CitizenB's input: potentially then I can kill the prospect of County Court action by writing a letter to them stating that the consent order supercedes the orignal agreement. In particular, the consent order makes no mention of future interest charges and is simply an agreement to repay a fixed sum at some point in the future.

 

Just thinking, if I can keep this going till early 2013 then at that point I have made no payment nor acknowledged the debt for 6 years, maybe I can get judgement myself that the debt is unenforceable, and have the charge removed from my home?

 

It would be nice if you could.. but I reckon they are probably aware of the timing as well ! On top of which, I am pretty certain that by signing the consent order you have acknolwedged liability !!

[citizenB]

http://www.consumeractiongroup.co.uk/forum/content.php?840-Stop-your-bank-or-lender-breaching-their-instalment-agreement

 

Have a read of the article in the above link.

 

I accept that no monies were mentioned in the consent order.. however an agreement was made between you both that monies would be paid at some future date either by way of sale of property or settling of the account. NO date has ever been mentioned.

 

If by reneging on this agreement.. does this estoppel thingy come into play !

[DavidStep]

Hi All

 

Here is the consent and charge form from 2007, and the defalut notice from 2012, all in one pdf.....sorry, there was a problem with the last attachments (thanks Honeybee for the tip about document security!)

DefaultNotice_Charge_Consent.pdf