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Big Dan

Unsecured Loans Now secured on property loads of interest what options now?

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Same old story I'm afraid.....

 

We had a loan via GE Money/Home lending for £5500 and had only managed to make a few payments on the account when i lost my job.

 

We spoke to GE and advised them of the situation, that the problems were only temporary and that we would make arrangements for the arrears to be cleared as soon as possible.

 

The call taker insisted we make a payment arrangement but as we were living off thin air I was unable to do this.

 

I offered £5 a month token payment which was refused and advised i couldnt do anymore at the present time.

 

The debt was subsequently sold to Link Financial and shortly after recieving a letter from them we received a very rude call from someone at link who advised me "We own the debt, you owe us £6600 (or thereabouts) can you make full payment now?"

 

I advised that I didnt have £6600 knocking about and that we would be able to make a payment offer but was just advised "we'll be sending you court forms" and the call was ended by them.

 

Duly the court forms arrived and unfortunately due to fighting repossession we did not attend the hearing.

 

CCJ granted and now they are going for charging order THIS FRIDAY 12th (in a court 60 miles from our nearest court!) .

 

How can i avoid a charging order? Postpone the hearing??

 

It is in our mortgage terms that if someone applies for second charge they can cancel the mortgage/sell our house!!!

 

I have just started a new job and could not get the time off to attend.

 

Any payment would have to be small due to arrears on water/elec/gas etc and we do not currently have the money to pay court fees to have set aside???

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You need to oppose the Interim Charging Order.

 

Have a look at the links below on Charging Orders and what grounds you may oppose them -

 

Insolvency Helpline

 

National Debtline

 

and this gem of a post ( Courtesy of FunkyFox ) -

 

FunkyFox post

 

and sequeci's sticky - A guide to Charging Orders & Orders for Sale

 

I know you have thought about trying to set aside the CCJ that has caused the Interim Charging Order application. Have you looked at the Court form EX160a for fee remission?

 

Some links below about Setting Aside a CCJ -

 

A Guide To Setting Aside CCJ's You Never Received

 

CCJ removal inc. step by step guide

 

Applying for a Set-aside

 

Spamalot - CCJ and interest on debt. ***WON***

 

Setting aside the original CCJ of your CCA


 

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Hi BG,

 

 

  • Did you receive the initial court claim forms when Link started action?
  • If so did you accept or defend the debt?
  • Do you have a letter from Link that asked you to return the court forms to them and not to the courts?


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Or did they send you a letter asking you to sign an attached form and return it them?

DG


I have no legal training my knowledge comes from my personal life experiences

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Thanks all,

 

Rings a bell about them sending me a letter asking to return forms to them.

 

Will dig out my paperwork.

 

Unfortunately due to our mortgage company trying to reposess our house this fell by the wayside so i neither acknowlegded or defended the claim.

 

Will get the forms N241? and fee remission form filled out and fax and post them to the court. (got nothing to lose).

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I'm currently 'working' with a cagger who also had this and returned the forms to Link.

 

He ended up losing the case as Link did not submit the paperwork and they extorted the best part of 9k via a default judgment.

 

With my own letters from TS and the proof he has he's in the early stages of contacting his own TS office and informing Link, presenting his evidence and testing the water.

 

BG

- If you also have a letter from Link that directed you to return court paperwork to them and not the court that will be great.

 

Link Financial have already been confirmed of attempting to perverse the course of justice with this tactic and if the licensing section of the OFT get further evidence of this with resultant loss this could bring about the major kicking we know this company deserve.


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Not sure if anyone is about at this time of night but am not sure if any of the following are relevant??

 

1. Our GE paperwork is not signed by them.

2. The terms and conditions which state they can charge interest willy-nilly and after judgement are on the back of the application form and I/We have never seen these until just now!? These were not explained or shown to us at the time of sale.

3. Pretty sure we have had the Link letter advising us to return the forms to them but cant find it at the moment !!!

4. We were only 3 months in arrears when debt sold to Link despite us telling GE it would be a temporary problem.

5. Amount borrowed was £5850 but claim is for £6889??

6. Link have said they will charge us 21.3% interest until the debt is repaid but someone mentioned 8%???

 

Anyone still awake??

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Not sure if anyone is about at this time of night but am not sure if any of the following are relevant??

 

1. Our GE paperwork is not signed by them.

 

Can you scan this for us?

 

2. The terms and conditions which state they can charge interest willy-nilly and after judgement are on the back of the application form and I/We have never seen these until just now!? These were not explained or shown to us at the time of sale.

 

We need to show how this 'back of the form' stuff wasn't attached to the bit you signed...in an ideal world. If you look at the signature sheet is there any reference to T&C's being 'overleaf', 'on the reverse of this application' etc etc. Or, does it say the T&C's will be sent to you seperately? If we can demonstrate the T&C's were a seperate entity at the point of entering the agreement there's a chance you can dispute this extra cost.

 

3. Pretty sure we have had the Link letter advising us to return the forms to them but cant find it at the moment !!!

Please try very hard to find it. If you do please PM me, I'm gathering info on this tactic having already involved trading standards officers who viewed this tactic as an attempt to perverse the course of justice and the licensing section of the OFT have been passed the information and sample letters. The more we can show this is a deliberate tactic and not a 'mistake' the better and it will be helpful to you also, albeit indirectly.

 

4. We were only 3 months in arrears when debt sold to Link despite us telling GE it would be a temporary problem.

This is a particular problem and as far as I can see a huge no no. Typically the ICO would not even expect a default to be registered after this amount of time, let alone terminating the account and selling it on. You have been treated unfairly by the creditor. I'll post the ICO stuff on this thread after and you can have a read for yourself. Such quick termination is absurd and completely unfair. This will be a major advantage for you so use this fully ok?

 

5. Amount borrowed was £5850 but claim is for £6889??

Get them to provide a complete statement history to enable you to audit the account fully. They should provide at least 6 years and in some cases up to 7. If they can't provide this they're in breach of company law or similar, accounting and all that, can't recall the exact terminology.

 

6. Link have said they will charge us 21.3% interest until the debt is repaid but someone mentioned 8%???

8% is the statutory amount. 21.3% is high, you'd need to check what you signed.

 

Anyone still awake??

 

Unbelievable!


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BG

- Here is the ICO stuff I mentioned above about defaults and the amount of time a creditor should typically allow (in the interests of fairness) before registering a default.

 

There are variations depending on the duration of the credit to consider,

for example a 25 year mortgage you are five months behind with payments on represents a small total of the actual number of months the agreement is expected to last for.

 

In contrast an agreement that lasts for say 12 months that hasn't received a payment for two months is a much bigger deal (proportionally) and so a default could reasonably be registered after 2-3 months.

 

Given your situation I strongly feel that the speed of the creditor to effectively consider that the lender-borrower relationship is beyond repair after such a short amount of time for a relatively large sum of money is grossly unreasonable and constitutes an unfair action by the creditor. To not only default (I presume they sent you a default or you have a copy, can we see it) and sell the account is extremely poor practice.

 

Read the ICO stuff provided and you'll see what I mean. It gives you, I feel, a very strong argument and could prove very useful in court.

ICO Guide to defaults - 6 months before default should be added.pdf


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how did the hearing go?

 

I cant post a new thread im a beung thick ?

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Hi All,

 

Link didnt turn up in the end but an interim charging has been granted.

 

We are due back in court on the 31st March so will get everything we have scanned on ASAP for some advice.

 

Due to depression and being forced back into full-time work by our mortgage company I have again neglected to take any action until last minute (I know I'm not doing myself any favours)

 

I am thinking of going down the route of having the hearing adjourned again(?) on the basis that i will submit complaint to the Ombudsman/OFT which should be remedied before the trial continues.

 

all we want to do is keep our house.

 

I really dont know what options we have?

 

As I have said in other posts in June this year our mortgage payments reduce to less than half of what they are now which will free up approximately £600pm to get these paid off but not sure how I will keep going until then.

 

We cannot sell the house as it is half decorated and Link have put the Interim Charging Order on it.

 

Whats the best way forward

 

Apply to have the CCj set aside???

Edited by Big Dan

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Hi

 

You are in a similar position to me.

 

Link one a chargin order against us. With just 3 months default.

 

Frankly it was underhand and not fair. (In my opinion lol)

 

Anyway, I am now applying to have judgement set aside.

 

Its very worrying but I am sure we can prob help each other.

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We are currently in the process of bankruptcy and have been advised that once declared bankrupt any second charges on our property will be removed.

 

We are currently in negative equity, and would be grateful if anyone can advise if this is correct.

Thanks

 

Sorry I should have said we have been advised by the company dealing with our bankruptcy that the second charges will be removed once we have been officially declared bankrupt.

 

Have searched for the answer but seems to be conflicting info with some saying the only way to remove a second charge is to pay it and others saying the property has to be sold to remove second charge??

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Hi Dan.

 

I hope the company you are using are not charging you. We can help you just as well for free.

 

In answer to your question,

 

You are not automatically discharged from a charging order once you have been declared bankrupt.

 

The debt, along with the property are transferred to the official receiver after BR.

 

They are however unlikely to be interested in the property if it is in negative equity.

 

They also must deal with the property within 3 years of your BR.

 

They could in theory sell the property back to you for as little as £1.

Its called buying the beneficial interest.

The down side to that is the charging order also has to be dealt with at some stage.

 

Before i rant on, do you have any plans for the house?


.

 

 

 

I Wish you everything you wish yourself.

 

.

 

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

 

 

 

 

[sIGPIC][/sIGPIC]

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The charging order will stay on the property until sold or repossessed, as simple as that

 

Tonycee, as of December 2010 the IS have removed the £1 equity buy back scheme, they will now leave it 2 years 3 months before daling with the property if it is negative equity

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Hi All,

 

We have just been declared bankrupt but it has come to light that one of our creditors has a final charge on our property.

 

I knew it had gone through court but at the time was i was in no fit state mentally to deal with it properly.

 

I wrote to the court at the time to say that we were in the process of entering into an IVA (so were insolvent) and that if the charge was granted it would prejudice the position of our other creditors but was unable to attend the hearing and the final charge was granted in my absence.

 

However no meeting of our creditors took place and I'm under the impression the first and second charges should never have been granted?

 

Am I right and is there anyway to get these reversed now they've been granted? Can the official receiver request this?

 

Thanks

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Quite a specialist question but I'll take my chance as I need an answer.

 

I have recently been discharged from bankruptcy but prior to filing for bankruptcy one of our creditors took a 2nd charge on our home.

 

There is no equity in the property and I am considering applying to have the order set aside.

 

However what I'd like to know is..... if or when I am successful in having the order removed from our property whether I could then ask that the insolvency service then include this in my bankruptcy thereby writing it off with the rest of my debts?

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If you're successful the debt would disappear as part of the bankruptcy.

 

When was the judgment entered against, when was the charging order obtained and why do you feel you'll be successful?

 

Without even know the situation it must be stated that set asides are very difficult to obtain unless the application is made 'promptly' - which is usually within a few weeks of the judgment being entered against you.

 

Seq.

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After going bankrupt this is now back on with Link Financial as they have recently sent us a letter saying they will look at other ways of enforcing the judgement they have against us and the debt that they have successfully second charged to our house.

 

They are still adding 21.3% interest to the loan on a monthly basis which means the amount "owed" is now double the what we agreed when we took out the agreement and rising.

 

We have no equity in our house and if Link carry on the way they are we will never have any as the value of our home will never raise 21.3% Per Annum to match their rates.

 

Any suggestions on how i should tackle this greatly welcomed and lets see how we get on???

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Hi Dan

 

If you can get hold of the original summons and in particular he Particulars of Claim....what did they plead with regards to post judgment interest?

 

Regards

 

Andy


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Surely this loan was part of the bankruptcy???


:lol:

Successfully claimed back mis-sold PPI (Barclays Bank) 2009-10 (£8500)

Ran a paid-for DMP. Deeply respect those who self-manage a DMP; it is possible to do with the help of fellow CAGGERS

Offered F&F to all my creditors. All closed out including a particularly intransigent and stubborn one - who eventually saw sense after 10 months of nonsense!

Does not condone debt avoidance but violently disagrees with the antics of debt collectors and their behavior towards the ones trying to pay. I am a great believer in what goes around, comes around. Keep up the good fight!

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No because they managed to get a charging order so it was secured to the house :-(

 

Hi Andy,

 

I will dig out all the paperwork i have so far and get it scanned on.

 

While i'm at it I will SAR GE Money and Link as I'm sure this info will show they have not acted reasonably.

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Hi All,

 

After the collapse of my business when the credit crunch hit we were declared bankrupt about 2 years ago (and discharged a year ago).

 

During our money troubles I went to pot and couldn't deal with anything properly which has resulted in two of our unsecured lenders securing what we owed as second charges against our property.

 

The worst behaved of the creditors will probably not be a surprise, Link Financial.

 

When Link took over the debt we received one call from them which went like this .....

 

LINK: You owe us £6800 how are you going to pay?

 

ME: We don't have £6800 as we are having financial difficulties but I can make a token payment?

 

LINK: We will have to take you to court then. Paperwork will be in the post.

 

True to their word the court papers arrived and were filed at court

 

as part of the process I sent a statement to the court advising that we had never refused to pay but were having financial difficulties as well as suffering from depression and would be will to make whatever payments we could towards it.

 

I'm still unsure why but the long and short of it is that the court awarded a CCJ,

then secured the debt against our property

THEN gave them the go ahead to charge us 24% interest on top of a debt we already couldn't afford?????????

 

The debt has now increased by another £10k

but we would like to get straight

 

wondered what if anything we can do to return the debt to somewhere near it original amount?

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