Charging Order Worries and not the Debtor - help very welcome

[malamute63]

:-)Hello there

 

This is my first post so my apologies if I am in the wrong section.

 

I need some advice regarding an infamous DCA named TBI Financial Services.

 

They have been making my disabled wife's life a misery since they surfaced in 2008 with a debt which they had reportedly bought from HFC bank. It was an old credit card - Marbles or Goldfish etc.

 

My wife checked out the statute barred rules back in 2009 with a solicitor and unfortunately they were just in time with their letters to her and she did make offers of payment to them whch they accepted.

 

Due to severe financial difficulties being only on benefits herself and due to the fact that we had some separations at that time she fell grossly behind with the payments.

 

They sent her a summons in June 2012 which she replied to straight away, made an offer thru Payplan of a small monthly payment and was told by PP that the offer had been accepted.She started making payments. The debt is over £9k and they are planning to add £730 a year on top !

 

Apparently the offer had not been accepted, as the next stage was for a CCJ to be registered and a charging order applied for. They were granted the interim charging order in November.

 

The first that I heard about this as the debt is not in my name at all was the arrival of a land registry letter advising me as a co mortgagee that there was a restriction to be placed on the property today.

 

I was alarmed, angry and very upset indeed to say the least.

 

There is a hearing in London next year for the charging order to either be finalised or dismissed but as my wife is disabled with an extremely serious illness, which would not make travel to London possible,I want to apply to the court to get the hearing transferred to a local court where my wife can attend in her wheelchair but my solicitor tells me that this can't be done.

To say that we were devastated about this is an understatement.

 

I thought that as my wife is so ill and we can give much medical evidence to prove this, that the court would accept a request of this nature.Should I write to them anyway ?

 

I guess my other question is Can I lose my home when this debt is in no way mine at all ? I am also a representative and carer for my wife and we would be totally homeless and literally on the streets if they order the house to be sold.

Has anybody else had a final charging order with these people and were they able to get restrictions to protect their families at court ?

 

I know that my wife has been made really ill with dealing with TBI. All her other creditors have treated her fairly and all are on the DMP but these have been threatening charging orders since day one of contact somewhere in the letters and they seem hell bent on putting her into her coffin quite honestly.

They have been made fully aware of her illness and problems all the way along but clearly they see disability as something to totally ignore.

 

Any advice would be most helpful. CAB tell me that unless my wife attends the hearing, the DJ is unlikely to take any of her circumstances into account but she cannot travel to London.

 

We can't sleep, we can't eat we are so scared and worried about our home.

 

Thanks for any help guys

[honeybee13]

Hello and welcome to CAG. I'm sorry to hear you're going through it at the moment.

 

I'm sure the guys will be along later with advice for you.

 

My best, HB

[AndyOrch]

You can request the hearing be transferred to your local CC....I doubt the outcome will change.The restriction will be place on your wife's share of equity on your home IE 50%.Orders for sale of home are as rare as chickens teeth so don't alarm yourself.

 

You have to back track and get the judgment set a side if you believe there is a defence to the claim to eliminate the Restriction.Have you ever requested a DSAR on the account? this would be a starting point as to how the account was conducted and whether that interest can be applied annually.

 

Regards

 

Andy

[malamute63]

Hi Andy,

Thank you for your reply. I am going to try and get the case moved,despite what the solicitor told me, but as you quite rightly say., I doubt it will result in the CO not being entered.

 

From my point of view I am so concerned about any enforcement of sale aspects. as my wife's mother who has Alzheimers disease is also coming to live with us very shortly,because she can no longer live on her own due to the risks so there will be two disabled persons at the property.

 

The DSAR I am sure was explored by the original solicitor who dealt with my wife then.I can ask her.

Payplan have been paying TBI also but my wife was late with one Payplan payment and they have told her that they can do nothing at all about the CO and that all they can do is give advice the same as National Debtline or CAB.

They did seem to want to wash their hands of the debt, once they knew it was subject to court proceedings.

 

I appreciate your reply and it is good to know that sale enforcement is less common.

There isn't a lot of equity in the property anyway, as we live near to a chicken processing plant, which has devalued local properties significantly due to the pong!

 

I will keep looking back whenever I can and I'll add any further developments to the thread.

 

Thanks !

[Gaston Grimsdyke]

You can certainly discount any prospect of you having to sell your home. There is not a court anywhere who would grant an order for sale given a) the modest size of the debt b) the limited, if any, equity and c) your personal circumstances. I can't imagine TBI would waste their time bothering, but for certainty you could ask the court, once it has made the charging order final (which it almost certainly will) to immediately make an instalment order in line with the Payplan offer. Then, provided your wife maintains the payments, TBI will be prevented from making an application for an order for sale. I suspect if you contacted TBI they would agree to this anyway.

[malamute63]

Hi Everyone,

 

Further to my previous posts on the TBI Charging Order.

 

I managed to get the hearing transferred to a local court and it went ahead last month.

 

The District Judge granted TBI their charging order on my wife's share of the property, as was expected, and noted that payment would be made by Payplan and determined by them as to any future amounts.

 

TBI did not show at court but sent a bulk representative who was dealing with numerous cases on the day. DJ did say that the CCJ entry in default was questionable, as my wife had replied to the summons but concurred with TBI's totally impersonal representative that there had possibly been some error at Northampton.

They did not seem to want to take that any further and my solicitor fell apart when questioned and became a gibbering wreck so that seemed to not help !

 

Since the Charging Order was granted, loads of debts, some stature barred, some never even heard of are crawling out of the woodwork from various agencies. The CO has clearly put my wife and I well and truly on the map. As my wife is disabled and really ill at the moment, this is not helping her at all. We are unplugging phones every day as we don't deal with debt by phone ever.

 

I would like to repost some of this information relating to DCAs now "chancing their arm" but can't see a new posts button on any page.

 

I would very much appreciate assistance.

 

 

Kind regards

[wiseajak]

Well any statue barred debts resurfacing can be delt with easily, by means of sending them a lettter telling them its staue barred etc and by means of telling them to bugger off . Any others i would CCA to find out if they are ligit.

 

Im sure others will be along to help shortly.

[AndyOrch]

Go to the Legal forum index top left blue button :-

 

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Andy