Egg/Bryan Carter - Charging order - too late to fight?

[Vulture Dodger]

Hi all. Need some advice, please

 

 

DH had an Egg credit card and we defaulted during a rather dark period of our lives. The account was passed on to Bryan Carter who took him to court in Jan 2011. We didn't contest it or turn up to the court date (which wasn't in our local court, but some 200 miles away) and a Charging Order was placed on our property. We're currently trying to sort our financial affairs out as we want to move next year.

 

 

The "amount owing under judgement or order given on 18 June 2010 by the court, together with any interest becoming due and £268 the costs of the application" Surely, as the amount is under £5k, interest would not be payable? Is this just standard wording, or have the court given them carte blanche to charge us for that too? We have been paying £30 a month to Bryan Carter since 2011 but have never received any statements of account and we now want rid of this, so that we can start to repair our credit rating and get the charging order removed. Is it possible to attempt to fight this retrospectively? We have never asked for CCA's to prove liability or that the agreement was worded correctly; or for any statements of account on the original debt (and we know how bad these companies are for just plucking figures out of thin air! We're sure that the original debt was not this much) Is this worth doing now, or a bit pointless as it has already been through court? Alternatively, how open do you think they would be to accepting a full and final settlement for less than the amount outstanding?

 

 

Many thanks for any help you can provide.

[Vulture Dodger]

Anyone? Please?

[AndyOrch]

As the judgment is over 5 years old there is no chance of setting a side...as for the judgment amount it should consist of the judgment amount/the Court/Sols fees and any application costs.

If it is still below 5K then no further interest can be added except for section 69 @ 8% per annum.

 

If they are failing to provide statements of payments...stop the payments until they do.

 

Andy

[Vulture Dodger]

Thank you, Andy - I appreciate you taking the time to help me out

 

 

I'm not familiar with section 69. I'll have to do some research on that.

 

 

Do you think that there would be any chance that they would accept a settlement, or do you reckon they'll dig in and refuse?

[AndyOrch]

The only way to get the CO removed is to pay it off ....is this a joint debt or just single name...you state " we defaulted "?.

 

If single and the mortgage is joint then the charge is a restriction as opposed to a full charging order.

 

Andy