CCj and charging order

[Tom74]

Hi there

 

I would just like some advice on a matter that I cant get resolved. In a nutshell:

 

Tessera Portfolio Management Ltd claim to purchase a debt in 2002 from RBS and claim to have held on to it in 2004 at which time they sucessfully trace me and after persistent harassment I start paying.

 

There is never any proof of the debt or the balance

 

They take me to court in 2007 and get a default judgement because I never receive the defence papers. The claimant on the judgement is RBS and not Tessera.

 

They are awarded a final charging order in 2009 and I have been paying ever since.

 

Six months ago I decided to query this as I have never understood how a judgment could be awarded in the name of the bank who have never had anything to do with it.

 

I received a completely nonsensical response from the solicitors supposedly in charge of the claim. The solicitors ELS & Cole said the debt was purchased from RBS but the legal work had to be in the name of the bank as they were the legal owners but any money recoverd was due to Tessera?

 

I referred it to the Financial Ombudsman as I thought it was fraudlent but they said they couldnt do anything as it had gone to court.

 

Since then it turns out that Tessera always claimed to be acting on behalf of RBS and all the documents submitted to land registry all said the same. The final charging order even had a Tessera stamp on it saying original documents seen even though their solicitors at the time said they were acting on behalf of RBS.

 

I have since wrote to the court, action fraud and the csa. I received a letter from ELS & Cole the other day stating that they would accept my £4000.00 plus payments as full and final settlement of the debt if I agreed to it. They now say that the bank own the debt and have put them as the client rather than Tessera Portolio Management? I spoke to one of Tessera's managers when I put the complaint into the Ombudsman and he said it had gone to Arrow Global. The letter however said it had not of course.

 

I have contacted csa again who have not responded to my complaint to say it didnt even look like they had a credit licence in 2002 and mentioned the false representation for nearly a decade. On looking at Companies House Tessera Portofolio has been voluntary stuck off just afer the time that I made the initial complaint.

 

I am now just wondering what is the best course of action and would appreciate any advice???

[AndyOrch]

Hi Tom welcome to the murky world of debt assignment/collection.

 

" The claimant on the judgement is RBS and not Tessera."

 

But who is named on the claim form (N1) thats the important bit?

 

Regards

 

Andy

[Tom74]

Hi Andy its also RBS on the N1 form.

[AndyOrch]

Okay well its a RBS debt RBS claim RBS Judgment.....Tessera was used for collection....If it was never legally assigned to them then its RBS.

 

 

Tom I would advocate you negotiate the 4K unless its already agreed ...pay it clear the Charging Order and sleep sound....you will never get to the bottom of this murky industry and the deeper you dig the more it will send you insane....anything in the UK is legal even if not.. if its making money.

 

Regards

 

Andy

[Tom74]

Thanks Andy I think it already has!

[Guest]

... will never get to the bottom of this murky industry ..

 

Andy

 

spot on. its the murkiest of all, controlling yet uncontrollable. unaccountable, self serving, dictating remnants.

Edited January 15, 2014 by Ford