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Father ignored everything - now B132 Notice - From a credit card debt


medievil2003
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Hi all, hope everyone is well and looking forward to christmas.

 

Ok, my dad is in a real bad financial difficulty. In November 2012 his company was liquidated and he has struggled through since, coming to an agreement with all of the credit cards to pay reduced amounts per month until the situation improves.

 

One creditor was accepting payments for a while and then we got a claim form in the post, he stupidly ignored it as he was in a state of depression so i got round to filling it in about 1 week too late but the courts had received it, about 2 weeks after this he received a "Notice of transfer of proceedings" which said the claim has been transferred to his local court for enforcement, then he received a "B132 Notice to a registered proprietor of an application to enter an agreed notice", which from my understanding means the credit card company wants to apply to put a charge on the house..

 

Firstly, my dad didnt even know that this has already been heard in court and secondly - can the credit card company do this knowing we are in a financial difficulty and being that its an unsecured debt?

 

Any help to assist would be much appreciated, there is hardly any equity in his house as it is and if the interest rates rise it would force him into negative equity.

 

Many thanks.

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I will try and find someone who can help. Please be aware that most of the advisors in this section tend to be around later in the day because of their day jobs :)

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Sadly yes they can apply to have a charge on the property, even though the debt was an unsecured debt originally. Most unfair I agree as they would have charged higher interest rates in the first instance because of the extra risk.

 

 

Do you know if there were any penalty / default charges on the account, or perhaps Payment Protection Insurance which might have been mis sold (or indeed on any of the debts that your Father had)

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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Ah ok. There was a fair amount of default charges on the account because my dad was not open with us about the financial difficulties he was facing, therefore must have had several late payment charges, defaults etc. I personally claimed for PPI on 3 of his other credit cards which helped reduce the balance on some, this one we have not tried but i suppose is still worth it for PPI.

 

Now they have applied a charge on the house, is there now no way to have this charge removed if we can come to a formal payment arrangment with them?

 

Thank you.

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Did your Dad receive the initial claim form medievil2003 ?

 

 

Does the judgment allow for the Interim to be placed?

 

 

Regards

 

 

Andy

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Hi,

 

He did receive the initial claim form yes but was about 1 week late from sending it - so i contacted the court the second i found out and they said send it in and they will write a note on file. Which obviously never happened, even sent it recorded delivery so they have received it!

 

Taking a section from the Notice:

 

"Equitable charge created by an interim charging order of the ..... court on the 25th October 2013 in favour of ......(the creditor)"

 

Do you think i can still contact the creditors solicitor and perhaps claim its unfair to put this charge on my dads property being that we sent the claims form off, even being that it was one week late?

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Makes no odds even if it was a day late coupled with the merits of your defence...they will get judgment by default.

How much is the debt for (round figure) how many other creditors are involved ?

Is your fathers property a joint mortgage?

We could do with some help from you.

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Its a £10,000 debt and at the moment no other creditors are involved in this court order. Other creditors are on a payment plan.

 

The mortage is not a joint one no, what i was hoping to do whereas my dad is approaching 63 and his credit file is damaged due to the company going under and not being able to pay bills etc, is to buy the house from him so i can get on a cheaper long term rate but really would like this sorted out.

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Ok so there are other creditors chasing.....on the B132 are all those creditors listed?

We could do with some help from you.

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Thought so.....this is the process as of now....

 

 

Once a judgment has been issued it can be forthwith or by instalments, if no payments have been made at all the creditor can enforce the judgment using various options.

 

 

In your fathers case by securing the debt against his property by way of a charging order. Pre 2012 if instalments were being made you could oppose it...post 2012 you cant but you can still argue and make sure they have followed procedure.

 

 

The form you have received is for the Interim Order..this does not require an hearing and informs you of their intentions. You will then receive a date for the Final Charging Order...this does require an hearing and you can submit your objections and reasons.

 

 

They have failed to search or notify other creditors as per your response above you may state that other creditors are being unduly prejudiced ?

 

 

Here is the recent legislative changes and effects:-

 

 

The First Change

Section 94 of the Tribunals, Courts and Enforcement Act 2007 was brought into force on 17 May 2012. The Act incorporates a new section 3A into the Charging Orders Act 1979 and has given the Lord Chancellor the power to make regulations providing that:

 

charging orders may not be imposed to secure an amount below a certain threshold; and

charging orders may not be enforced by orders for sale if the amount in question is below £1,000. This will only apply to debts regulated by the Consumer Credit Act. Indications at the current time are that this change will be introduced in December 2012.

 

The Second Change

Section 93 of the Tribunals, Courts and Enforcement Act 2007 will come into force on 1 October 2012. The amendments allow an application for a charging order to be made in cases where the debtor has not defaulted on payment of an instalment judgment. However, it should be noted that:

 

Under old legislation an instalment judgment, it is not possible to apply for a charging order until a debtor defaults in payment of any of those instalments. Under the new legislation, even if a debtor is adhering to judgment instalments, the creditor is still entitled to secure the debt by way of a charge however, as indicated, the court must take into account that payments are being maintained when deciding whether to impose a final charging order over the debtor’s property.

 

We could do with some help from you.

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Be aware that although the rules say all known creditors have to be served and you could perhaps give a list of creditors to the judgment creditor so that they will have to be served the best this will do is cause the first hearing to be adjourned, it won't stop the charging order in the long term.

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  • 1 month later...

Hey everyone, good afternoon.

 

Sorry for the lengthy delay on replying.

 

More paperwork has come through and we found out the hearing is on the 4th Feb, so next week. My dad is not in the right mind frame to attend and when we contacted debt advice they said the judge can force the sale of the house to pay the debt. Please tell me what i can do? I will attend court on my dads behalf but do i walk into the court tomorrow for example and explani the situation and tell them i will represent him?

 

Our argument to it is oversight, all the other credit cards are on a payment plan which we are paying, its just this one debt which is causing a massive amount of worry. We are struggling to pay for food let alone have the costs of legal fees etc.

 

Thank you in advance as always.

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You must persuade your father to attend..its imperative ...you wont be able to represent him without his presence.

We could do with some help from you.

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medieval - have you taken steps to reclaim the PPI and charges ?

 

Is this debt the largest ?

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I will get my dad to attend - just spoke to my mum and she its fine.

 

The PPI, no we never tried reclaiming it on this debt - others yes. Is it not too late now?

 

This is the largest debt yep, is that a bad or good thing?

 

No it isnt too late to start reclaiming if the PPI was mis sold. This will obviously reduce the debt and others would have to confirm, but had you already started the claim, then you could possibly have used the fact that the debt they have been pursuing is incorrect as money is owed to your Father.

 

Had the debt not been the largest, you could have argued that one that was larger had not sought a charging order and was happy to accept the repayments without securing it :(

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Sorry to be a pain! Just found out that there is one larger debt about £1,000 more than this one. They are accepting a very small minimal payment and will be reviewed in 6 months.

 

If i need to argue the above, does this happen in court? Or can i submit something before the 4th to the courts?

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Have you been asked to provide a statement to the court ?

 

I will ask andyorch if he can advise.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Nope, it was only 1 week ago we got the letter from the court saying the hearing is on the 4th. We telephoned the debt line and they told us we should prepare and income and expenses and they will send a quick letter out to us to take it to court, basically saying that we have approached a government backed agency to help us, in the threat of losing the house.

 

Any help is appreciated! thank you!

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Medievil...this hearing is to make the Intrim CO final...correct?

We could do with some help from you.

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Since the changes to Section 94 of the Tribunals, Courts and Enforcement Act 2007 it appears that prejudicing other creditors is irrelevant now ...

 

The only protection left now to debtors is if they are up to date on the payments...the FCO should be denied..... if they are in arrears and they make up the balance before the hearing...again the FCO should be denied..in line with the above amendments of 2012.

 

If you are in arrears and have never made payment to the judgment and not in a position to offer or make up then the FCO will be a fait accompli I'm afraid.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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Hi Andy, yes your right. Is there any chance the judge could dismiss it on the ground of what my dad went through?

 

So if, at all possible - i could bring any arrears up-to date before the hearing then the judgement would drop? Do you think there is a chance i could potentially offer half of the arrears to be paid?

 

Do i talk to the courts or the creditors solicitor if i could come up with some money?

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Hi Andy, yes your right. Is there any chance the judge could dismiss it on the ground of what my dad went through?

Unfortunately not Im afraid

 

So if, at all possible - i could bring any arrears up-to date before the hearing then the judgement would drop?No not the judgment that stands its just the final stage that should be disallowed. Do you think there is a chance i could potentially offer half of the arrears to be paid? No it has to be the full amount so there are no arrears on the payment arrangements (if there was any payment arrangements and not forthwith?)

 

Do i talk to the courts or the creditors solicitor if i could come up with some money?

No too late for that its the District Judge you have to convince.

 

The mechanics are as follows so you have an understanding:-

 

Claimant issues a claim N1 summons you either defend or admit or ignore...they get their judgment (CCJ)

 

The judgment will ether be pay in full with immediate effect (forthwith) or as a payment plan (assuming an application is made to vary it to monthly (N245).

If you settle all the debt within the given time frame allowed ...no CCJ ..end of the matter.

 

If not :-

 

The claimant can also apply for an Interim Charging Order as security for his judgment (whether you are on a payment plan or not)

 

Executing the Judgment is the next stage and this is what you face next...turning the Interim Charging Order into a Full Charging Order.

 

If successful the next stage is an Order for Sale of the property...but this is as rare as chickens teeth so cast that out of your mind for now...just concentrate on the above.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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