Charging Order Link Financial - Help!

[Tydfil65]

Hi - could someone direct me to get help with charging order against my home please - need help asap

[citizenB]

Not without more information, I am afraid..

 

Have you received a court claim - at what stage are you with this. Has it actually been to court.

 

If not, you will need to let us know what is going on.

 

We will need the issue date of the claim - top right hand corner of the form.

 

We will need to know how much the claim is for. Who was the original creditor, when did Link purchase the debt.

 

Did you default on the debt, why ?

[Tydfil65]

Hi

was adivsed to contact Link again for a copy of the deed of assignment, notice of assignment and credit card agreement.

 

I have sent over 60 letters both to MBNA and Link asking them for this information as I had been paying Link for two years

without knowing if they were entitled to received this money on MBNA's behalf following financial difficulty.

 

I have never received any of the requested documentation.

 

I got a letter informing me that Link were taking me to court.

I filed in the claim forms again informing the court that I had repayment arrangements with my other creditors,

however Link Financial ignored my every effort to correspond and that I had not recieved any of the requested proof from them.

 

I also infomed the court that Link Financial constantly ignored my correspondence and that they had been harrassing

my terminally ill father in law by bombarding him with telephone calls to speak with me.I

 

had tried everything to try and get the requested documentation from Link Financial without reply until Link decided that I had apparently 'been ignoring them'.

 

I now have a general form of judgment or order against me and a copy of the credit agreement has miraculously turned up after me asking for it for two years,

however no Deed of Assignment, Default notice etc.

 

I was ordered by the court to pay over £9,000 in full by 9th May which I could not pay

 

I sent the court a letter saying that I had still not recieved any documentation from Link Financial a

nd that I had not been the party that constantly ignored corespondence it was Link.

 

I have since had a reply from the court informing me that the judgement stands and that I could apply to vary the order to pay by installments

or to apply to setaside - which I havent got a clue about.

 

I have also today received a letter from Link Financial that they have applied for a charging order.

 

I dont know what to do,

I have kept in constant contact with Link,

they have harrassed my family,

they have never issued me with the requested documentation a

nd yet the court seems to be all on the side of them.

 

Any advice would be gratefully appreciated.

Edited May 17, 2013 by maroondevo52
Formatting

[Tydfil65]

Hi - is there anybody that can advise please

[Macymay]

Hi - is there anybody that can advise please

 

Hi, I've experienced something very similar with link over the last 2 years, and they have just been granted a charging order on my own property . Was the ccj granted without a hearing and without notice? did you file a defence in time previously? and have you filed an acknowledgement of service in time? Was there a Tomlin order in place for the debt?

[citizenB]

I will send an S.O.S on your behalf, hopefully someone will look in over the weekend.

 

Is the property/mortgage held in joint names ? If so they will only be able to obtain a restriction on your part share of the property.

 

I still don't understand if there has been a hearing, if you have submitted a defence.

 

Did you send any defence to the court or did you complete the form and return it to Link.

 

You can apply on form N245 to vary the judgment order if you cant make the full payment then you will want to make instalments.

[dx100uk]

default judgment forthwith...the court have given two options set a side (N244) or vary forthwith( N245).

 

they wont disclose the DoA and they dont retain a Default Notice.

..they have disclosed the agreement but who knows if its enforceable?

 

have you ever sent MBNA an SAR?

 

have you ever checked your cra file for the status on there.

 

dx

[Tydfil65]

Hi and thank you all for trying to help. I sent both MBNA and Link an SAR and received nothing until after the court proceedings had started. I had sent in an embarrased defence as I had not received anything from Link and could not defend myself without all the paperwork. I received back a letter from the court informing me that it was being transfered to my local court and also mentioned was that the claimant (Link Financial) apologised that they were 'late' in providing evidence as they had to contact MBNA for the documents and that it was an administrative error that they had not produce to the court in the time specified in the claim . I had only then received a copy of the cca from 1995, no default notices or deed of assignment. I have explained to the court that I had tried everything to get Link to prove that they were entitled to collect but they don't listen. I was sent a general form of Judgement which basically said

1. Unless the defendant files a defence responding to the facts given in the particulars of the claim namely;

10 whether he has ever been a party to an agreement reference *********** on or about *** 1995 or with MBNA Bank.

2. Whether he has ever received a notice of assignment shortly after 31 **** 2008, his unpleaded fom of defence be struck out and there be judgment for the claimant for £9,00 plus costs.

 

I replied to the order by writing to the court and informing them that I have still not received the information from Link Financial. They then sent a general form of judgement informing me that I had apparently failed to comply with the above order and that I had been ordered the following.

 

1. There be a judgment for the claimant (Link) for all of the money and costs by 4.00pm 9th May.

 

 

I contacted the court and told them that I had replied to the first order again stating that I had not received all the information from Link Financial and that I had sent them over 60 letters to try and reach an agreement but that Link continued to ignore me.

 

As I mentioned in my earlier post the court official has informed me that the judgment stands, however I have the option to apply to Vary the order or setaside, and on top of this Link have sent me a letter informing me that they have applied for a charging order. The house is mortgaged and jointly owned, we were thinking of selling but if the charging order goes ahead it will put our home in negative equity and I have other creditors to pay.

 

I know I had the debt, but the way in which I have been treated by Link is unbeliavable. Why is it that all I wanted was proof that they were entitled to collect and had requested this information many times, and the information suddenly appears following court proceedings albeit late and still no sign of the default notices and deed of assignement etc. I had also informed Link that their tactics of trying to contact by harrassing my terminally ill father in law and neighbours with telephone calls was uncalled for when I had been sending them constant letters.So basically I have been ordered to pay these leeches and the judge is not taking into account my side. Sorry for going on and loads of thanks to all of you for your advice it is much appreciated.

[citizenB]

It sounds to me as though you didn't respond in the proper manner to the General order.

 

You can, if you believe you have a good chance, make an attempt to set the judgment aside - but you would have to have good reasons. I will send an S.O.S for you for someone who knows about these things to look in on you.

 

This would simply put you back to the start of the claim and you would have to start over again.

 

Were there many default/penalty charges on the debt? If so, then you can reclaim these.

 

Were you issued a proper default notice by MBNA ?

 

Alternatively, you can apply to vary the Judgment order (instalments) then reclaim the charges and have them taken off the debt.

 

HTH

[Tydfil65]

Hi - Thanks for your reply. I think I am having to go down the route to vary the order as I have no way of paying in full, and I have no hope of setting aside as the court seems to be on the side of Link, but what do I do now about the charging order?

[citizenB]

I don't think there is anything you can do about the charging order. Almost certainly it will remain until the order is repaid.

 

I have posted some information regarding COs below for you. This was taken from a thread where someone thought to object to the CO. Where there is a joint mortgage/ownership only a restriction can be placed and that is the subject of the attachment. There is also a link at the bottom of the attached which will take you to more information.

 

 

[ATTACH=CONFIG]43942[/ATTACH]

 

 

 

HTH

[citizenB]

You might also want to have a read of post # 535 onwards in the link below.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?203298-A-guide-to-Charging-Orders-amp-Orders-for-Sale&p=4191138&viewfull=1#post4191138

[Tydfil65]

Hi - Thank you for the links you posted- Link tried to get me to sign a Tomlin Order a few months ago and wanted my wife to sign it as she is joint owner - I did not sign and so received the court papers. I am worried that as soon as the other creditors see that a charge had been placed on my home that they will all follow and there will then be no point in keeping my home as it will be in negative equity.

[citizenB]

I am not quite understanding your logic TBH.

 

 

Get that application to vary the forthwith order as soon as possible, with a copy of your Budget sheet and then make the instalment payments without fail.

 

If they do actually apply for the charging order, which IMHO is a pointless exercise then you can disagree. Your wife does not have to sign away any of her interests. So they will only be able to place a restriction on your share of the property. You could point out that the property has a mortgage and they would almost certainly be first in any queue so again there would be little or no point in them having a debt secured on your home.

 

Please be aware that orders for forced sale are very rare.

[Tydfil65]

Hi - Many Thanks, I will do that, Link have already applied for the charging order according to their letter last week and I still never received the documentation from the SAR

[citizenB]

http://www.trustonline.org.uk/understand-judgments-fines/set-aside-a-judgment/

 

 

 

http://www.bankruptcy-insolvency.co.uk/debt_factsheets/how_to_set_aside_a_judgment_in_the_county_court.php

 

 

 

 

 

Some information regarding set aside judgments.

 

 

Sadly the court wont take into account that there was an unfulfilled SAR in time for court. You should have requested all document by way of the CPR rules.. CPR31.14 and Part 18 prior to the hearing - requested more time if the information hadn't been supplied on time or requested an order from the court which forced the claimant to supply the information required in order for you to defend yourself properly.

[Tydfil65]

Hi - Sorry for the delay I havent been able to use the computer for a few days.

 

I have received an 'application for suspension of a warrant and/or variation of an order'

and an 'Application Notice' that the court gave me and

 

I do not know what they mean or what to do (sorry for being thick).

 

Could anyone advise as I was ordered to pay Link Financial in full 9th May

[BRIGADIER2JCS]

Was a warrant of execution granted by the court with the order for payment?

[Tydfil65]

Hi -Thanks...No I dont think so it was an order to pay by 4.00pm on 9th May

[BRIGADIER2JCS]

Has the claimant made an application to vary the judgement order or do you want to vary it i.e. get more time to pay??

[Tydfil65]

I received an order dated 8th March that unless I file a defenceresponding to the particulars of the claim being:

 

1) that I had ever been partied to an agreement ref ******** on or about 18 October 1995 or with MBNA

 

2) Whether I had ever received a notice of assignment shortly after 20 November 2008 and a default notice on or about 31 October 2008, that his unpleaded form of defense be struck out and a judgment for the claimant (Link Financial) for the full cost.

 

 

I had then received a letter from the court saying I had a further 10 days to which I wrote to the court saying that I had still not received the notice of assignment and default notice.

 

I received a general form of judgment saying that I had failed to comply with the order dated 8th March and that I had to pay by 4.00pm in full 9th May.

 

I again wrote to the court saying that I had replied to the order 8th March informing them that I till had not received the NOA and Default notice.

 

In reply the court has said that the judgement stands, and that if the defendant wishes to make any application to set aside judgment or to vary the repayment he must make his application on form 244. I have recieved the forms N244 and N245 and dont know what to do next,I replied to the order, Link have been ignoring me for three years and have only now decided to send me the CCA. I have made loads o requests to Link and SAR requests to Link and MBNA and they have ignored me.

 

I have also just recieved a letter from Link to say that they have applied for a charging order.

[BRIGADIER2JCS]

Why didn't you answer the questions asked by the court, it was not referring to receiving documents since the order but did you receive the on or around the time the claimant said the documents were sent.

[Tydfil65]

No I didnt receive anything from Link prior to the court claim papers. Since the start of the claim I have received copies of a default notice and CCA that I had not previously received despite requesting them for over three years

[Tydfil65]

I told the court that all I had ever wanted from Link was proof that they were entitled to claim the monies but that they had never replied,

or sent me a default notice,

deed of assignment or cca.

 

I also told them that I had been constantly ignored by Link and MBNA

and that my family and neighbours had been bombarded with telephone calls to speak with me

and that I had sent over 60 letters to Link asking them to send me proof of who they were as my credit agreement was with MBNA

[Tydfil65]

I think I have no choice than to fill in the form to get installments set up but I still dont know what to do about the charging order because Link will obviously get it