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Selling house, how likely is it creditors will put charge on property before completion?


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Hi, I have 4 oldish debts

- one credit with barclaycard for £4k,

one overdraft of 2k from santander, and

2 MBNA credit cards, of £3800 which I think was Virgin and I think 3k is from Alliance and Leicester.

 

I did have a 2.5k one from santander credit card but rang the debt collectors today to try

and sort it out and was told it had been given back to Santander,

who said the debt had been written off (result!)

The debt collection company last phoned me on 3rd Oct and my messages have been full since so must have been a recent write off.

 

I am in the middle of buying/selling a house to try and get mortgage free,

I am buying for £185k and will have about 3k left over to update etc.

 

Now I am really worried that the creditors might go to court a

nd put a charge on my house after exchange,

which means I wouldnt be able to complete. T

 

he debts are around 4 years old,

I did have a payment arrangement going through one of these charities which I paid 130 a month between all 5 of them,

 

I cancelled this a year ago as I just couldnt cope with even that amount due to divorce, a

nd have avoided/ignored all phone calls/letters since.

 

I have had letters offering a discount so I assume the charges/paperwork

could be challenged which is why the credit companies havent taken me to court?

I have ignored these too.

 

Could anyone give me any idea of the likelyhood of the credit companies putting

a charge on my house by 10th January? We are hoping to exchange in the next couple of weeks and complete on 10th

 

Many thanks for advice

Vanessa

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Before you worry about a charge on your house, have you checked the enforceability of your debts? Have you had any threats or even legal action taken against you for them? Do the debts reside with the OC's or DCA's? Are any of them Statute barred?

 

The creditors COULD get a charge on your home, but they would need the correct paperwork for the debt and then go through the lengthy legal process. Thats why you need to ascertain if the debts can be enforced through the courts.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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what are you doing phoning fleecing dca's?

 

never ever discuss your debt on the phone

esp with DCA's

 

they are not bailiffs

and have NOT SUCH LEGAL POWERS.

 

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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Thanks for replies,

debts/cards should I say were taken on around 2006,

I havent had any court action yet,

just threats of or offers of reduced settlement by DCAs which I always ignore,

as I dont give a flying fart about my credit file due to never planning on borrowing again!

 

As long as they can't stop me from completing on the 10th January

I am happy for them to try and find me at my new address/give up,

just wait it out until the 6 years statue time limit rather than go through the whole CCA thing,

 

I don't want to speak to any of them because as I have seen as soon as you contact them

they go on the war hunt aggressivley again hence I dont even answer the home phone anymore.

 

I just wanted to make sure they cant mess up my house sale,

thats why I called one of the DCAs today actually as I have been really worried they could be pushing it to a Court order,

then found out it had gone back to the original bank Santander

who I rang next to be told it had been written off :)

 

Do the DCAs have the power to take me to court/are likely to take me to court or is only the orignal credit company

- also, if the DCA i spoke to today gave the account back to Santander,

I assume that means they didnt buy the debt, do some buy them and some just get given the option to chase

and get a cut if they get the money?

 

S

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The ONLY time a dca can take you to court is if they own the debt.

 

You should also be checking the enforceability of the debts, and not putting your head in the sand until 6 years are up. There are some DCA's that will issue legal proceedings pretty much immediately when they purchase a debt, so you need to take action sooner, rather than later.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Thanks agian for reply,

I think I am worried about checking the enforceability as I dont want to have to speak to them

but I guess I really should. I

 

have thrown most of the paper work I get in the bin as the debts seem to keep changing hands all the time

and I get depressed about having the letters in the drawer,

 

should I ring the original loan company to find out who owns them now?

 

Also what are my grounds for checking the enforceability, i

s it just if they have a copy of the CCA?

I have been reading things on line that state there is a case that even if they cant produce the original CCA

they can come up with a reconstuted one which courts now accept?

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Do not do ANYTHING via the phone. You put it in writing only.

 

Also, check your credit files. The names company on each debt will be the current owners.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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that satan debt and all your debts need ACTING UPON.

 

if satan have written it of their books

ready to sell it

 

i'd be darn sure one of the buyers will snap it up.

 

and could issue an SD or claim in as little as a mont if not sooner

 

GET PROACTIVE.

 

you have 3 credit cards there

 

if they've each had a discount letter

that means theres PENALTY charges or PPI to reclaim.

it doesn't mean they WONT go for SD's or acclaim form. just more unlikely

 

you need to get your CRA file

 

find out who OWNS the debts

 

and then comeback here.

 

ok you COULD bury hand and prey

 

it might well work, not saying it wont

but,

forearmed is fore prepared.

 

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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DX when I spoke to Santander today they said it was written off and i wouldnt be chased again, it had gone out to dcas but i didnt speak to any of them so it seems the last dca sent it back to santander and they have binned it, am i correct in this?

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Use all 3 agencies, as different creditors report to different ones. Equifax and experian are the main 2. Noddle sometimes has out of date info. Also, the DCA's cannot see you accessing your own records unless you update your address etc. Even then, they can simply use your bank details or electoral roll to find you.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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DX when I spoke to Santander today they said it was written off and i wouldnt be chased again, it had gone out to dcas but i didnt speak to any of them so it seems the last dca sent it back to santander and they have binned it, am i correct in this?

 

they said THEY would not be chasing you.

 

not they wont sell it & the new buyer will

 

theres no way a creditor would write off £2k,£3k, & £4k worth of debt.

 

they might write it off their books for tax reasons

 

but thatsabout it

then sell it on for what they can get for it.

 

the likes of lowells are going to court for debts as small as £200 at present.

 

the world and his oyster are getting in as many court claims/SD's as they can before the rules change in april 2014.

 

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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Thanks, ok I have my credit report from Noddle, so what should I do now? The two MBNA ones are with Activ Kaptital, do i ring and make a payment plan just to stall them until after completion? Same question for the others I guess!

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I refer you to post 3!!

 

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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Share on other sites
But the santander one has already been out to DCAs for over a year and just come back to them and been written off, why would they send it back out again?

 

they don't

they sent it out for COLLECTION

 

they hadn't sold it at that time!!

 

now they have

 

its awaiting a buyer

 

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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oh dear a kleeners have 2 of your debts

 

nasty lot [used to be thames credit]

 

when was your last payments to those two?

 

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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Do not make any payments at the moment.

You say the debts were taken out around 2006?

On the santander one, when did you last make any payment to it?

 

I would send a CCA request for each debt, send it to the last firm who wrote to you.

 

Just so you know, I sold a house in 2011 and non of my creditors came anywhere near me for a CCJ or charging order

Any opinion I give is from personal experience .

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chances are a kleeners will wait a few years until the SB date gets nearer that way they can back date

the interest longer and get more money out of you

if they issue claims

 

esp as you are moving

 

nice little trick to serve SD'd or court claims purposefully to an old address.

that way they get everything they ask the court for by default judgement

not contested by the debtor nothing is checked

debt is easily doubled.

 

are you arranging mail redirect?

 

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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as post 23 please potN

 

we don't need to confuse you yet

 

stick with the plan.

 

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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