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    • Dep Thx Eric's Brother. There was a person on this forum who told me his case was thrown out at the same court because of the contract. I requested more info, but he has disappeared since his case was dismissed.  I was just wondering whether it was worth whacking off a letter to IPS pointing out one of their members, using their logo, is making a claim based on illegal signage and other issues in contravention of their Code of Practice. Would they lean on VCS to withdraw, do you think?
    • Mother and father worked here and then went to SA in about 1978 returning to UK in about 1996 and worked here until 2016 when her husband died at age 66.  He was still working at the time.  She then went to live with daughter in SA.  Mother only claims for her pension. 
    • Thanks, I owe the money, no issue with that, I will SAR the company.  If I need to just pay it and have the CCJ for a few years so be it.  Just thought I'd explore all options
    • By the way you wrote that post, i can see that you are as confused by the situation as someone reading it. Important advice must be not to pay for any flights etc, until they understand the situation fully. Those that have British passports could be entitled to receive UK benefits. However, nothing is that straightforward. The passport does guarantee anything. The daughter could be entitled to Universal Credit ( which includes housing) as a British passport holder, but this can only be confirmed when she has gone through the Habitual Residency test (HRT). So you will need to read about HRT for British passport holders returning to the UK. There will be requirements to provide information about why they are returning to the UK and what work searches have they done to find work on their return to the UK. In regard to the mother who has a British passport, you will be correct in presuming that no council is going to be helpful in paying for the care home fees immediately on arrival in the UK. When did the mother last live in the UK ? When did the mother last work in the UK ? British embassy in South Africa may be able to provide information and assist with applications ? Just getting on a plane, landing in the UK and expecting help to resolve their situation, would be a silly thing to do. I can see the mother ending up in an NHS hospital for a period, while people wondered how they were going to deal with the situation. Probably not the first to do this, but if the mother also has a South African passport, they could put her on a plane back to SA and then the Daughter would be a difficult situation. Embassy in South Africa must be first place of advice.
    • There are online forums for people moving from South Africa to the UK. This is one of them.   https://moveup.co.za/2019/03/08/how-to-move-to-the-uk-a-step-by-step-guide/   If you want to speak to a social worker you could try the local council.   HB
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Hi all,

I need some help re my problem.

 

I am now at the stage where Morgan Solicitors are threatening that if I do not contact them with an offer of payment on the Charging Order on my property, they will apply for an order of sale.

 

 

A bit of history.....

 

I have never responded to any letters or proceedings (my fault, nasty divorce and burying head in sand).

 

Can I start the original process of CCA, then SAR, then CPR?

If so, could it work at this stage should no-one have the requested documents?

 

Please advise and many thanks.

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Hi,

From what I’ve read so far in other forums also is that the CCA request can be applied for at any time. I would suggest that you send the request to the solicitors too as they are now acting on the lenders behalf.... if they fail to produce the paperwork then they'll have trouble putting you through the courts for your home.

 

I may be wrong.... but you won't do any damage asking anyway.

Hope this helps and good luck.

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I think they are tryig scare tatics - especially if they are saying that they want you to make an offfer of payment - if they had a CCJ then the payments would be set.

 

They can only obtain a Charging Order if they have a County Court Judgement against you.

 

Send off the CCA request asap and also a SAR might be useful to the company that the debt was originally with - they might be some charges etc you can claim back if the CCA is compliant and its useful to haev all the info you can if they do decide to start going down the court route

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Sorry guys - CCJ already got last year. Forthwith.

Charging Order already got.

Now trying to sort it all out.

So is a CCA stil viable? And could it cause damage to them even now if they cannot provide a copy of the agreement?

Thanks all.

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I think in theory it's possible. I read a post on here involving HFC/Restons/Marlin where the CCJ was set aside because the agreement was non-existant, with charging order discharged.

 

Definitely worth getting the Agreement, and then go from there.

 

For your information if they do decide to go for an Order for Sale seperate Part 8 proceedings would have to be issued and if your property is owned in joint names that the Trusts of Land and Appointment of Trustees Act would apply (I'm going from memory but I think that's what it's called!).

 

Courts are very reluctant to grant Orders for Sale.

 

Kind regards

 

 

Mark

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Hi all,

first can I just say that since joining this site and reading everything I can,

 

to date Ive managed to get just over £9000 "written off" or to the point that it can never be legally pursued, and for this I thank each and every one of you.

 

But now I have some questions that I hope some of you can help me with.......

 

Before I knew of this site, one of my debts got to a Charging Order.

 

with 3 kids to look after, very little money and a vindictive ex-wife firing all kinds of crap at me through her solicitor

- I pretty much buried my head in the sand and simply concentrated on getting my kids to school and going to work

- and it wasnt easy, believe me!

 

I couldnt even get Child or Working Tax Credits because the ex had mananged to have the payments transferred to her account (from mine) without my knowledge and the DWP wouldnt entertain any claim from me until they had contacted her, but she was keeping a very low profile.

 

One of my debts went through the usual Northampton County Court route, judgement forthwith etc, and then onto a CO.

 

In all that time, I never acknowledged ANY DCA letter.

I ddint acknowledge the County Court forms, in fact to date, I havent once responded to anything.

 

Im now getting threats from a DCA for an Order to reposses the house if I do not contact them and make arrangements to pay

 

So now is the time to try and sort this out, so here are my questions -

 

1. Can I still send them a CCA and if so, does the CCA carry as much weight as if it had been sent before a CCJ or CO was granted?

 

2. Can I SAR them and then move onto the CPR route?

 

I sincerely hope some of you guys have some answers here, and many thanks in advance

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Hello Merlin,

As I see it, and this is only info I have gleaned from the web, so other may be better suited to advise, but if a charging order has already been obtained, then a CCA would be next to pointless as the court has already decided that you owe an amount of money (judgement) and have failed to meet payments so the court has placed a CO on your property.

However looking at the HMCS website, I fail to see where it says that a DCA can repossess the house in order to receive payment?

As I understand it, they only receive payment on the sale of the house?

Enforcing Judgement

 

Charging Order

 

A charge on a property means that if the property is sold, the charge has usually to be paid first before any of the proceeds of the sale can be given to the judgement debtor. You should note, however, that a charging order does not compel the judgement debtor to sell the property.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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they could try to enforce payment by asking the court to order you to sell, however, as you have a family the chances of this being granted is about zero, you may however have to come to some arrangement to pay them, I would offer the lowest amount you can afford, maybe a couple of quid, as previous stated pointless now going to cca as court order already in force,

It is a salutory lesson for us all in that these things must be headed off before dca gets near a court, I was in same position so believe me i know

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As stated above a CCA would be pointless

 

How much is the debt for?

Do you have equity in the property?

 

When the CO was applied were there any stipulations made?

ie how much and how often to make a payment?

 

have you made any payments against the debt at all?

 

If a CO is in place and the debtor is not making an attempt to repay the debt, then the creitor has a right to apply for a sale order on the property, even though the courts and DCAs have been ordered to play fair when it comes to reposessions, this doesn't mean that they dont happen, so tread carefully over this, do not dismiss it!!

 

It is not beyond the reaalm of possibility to get a CO set aside, but it is far from straight forward, as the courts can take the opionion that you should have defended at an earlier stage


Hope this helps

 

 

If you feel that this site has helped you in any way please leave a donation if you can afford to do so.

 

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The large print giveth, but the small print taketh away. ~Tom Waits, Small Change

 

 

Please note: i am not a qualified lawyer, any advice is offered in good faith and is based on my own and others experiences and a penchant for research and a desire to help others to empower themselves

 

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Hi all.

thanks for the replies, very helpful but pretty much as I thought.

Just a query though - lets say they got the original CCJ by default (they did), but didnt provide proof that the debt belonged to me (Northhampton, so very unlikely). Surely then, if there is now no recourse for me to demand they prove the debt, what is to stop any of these firms simply applying for CCJs and attaching ANY debt to a debtor by gambling that the debtor will not defend and knowing that once the CCJ is awarded, that debtor cannot get out of the debt - even if it doesnt belong to them?

This sounds rather loaded in a creditors favour to me.

Any suggestions?

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I'd be surprised if a CCA was pointless. I would have thought that the first step would be to get the CCJ set aside and that may involve getting a CCA. If the CCJ was set aside then the CO could be knocked off. I'm not too well versed on this so it's just my opinion. Question is can the CCJ be challenged at this late stage, I think it can. Needs a legal boffin to help out on this one. Without a CCJ there cannot have a CO.

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Merlin, I don't neccesarily agree that a CCA would be entirely pointless. There are many examples on CAG of people who have managed to get a CCJ set aside and the CO removed long after the event. I myself had 2 removed and the won the subsequent action. Both debts can no longer be enforced.

 

It is a long shot and requires a great deal of work but it can be done. but nothing is guranteed.

 

As others say the chances of the getting an order for sale is next to zero so the alternative may be to agree an affordable monthly repayment and take some comfort from the fact that they won't get a penny unless you sell the house.

 

Do you mind if I ask, how much the debt is and who the creditor/dca is? Also when was judgement granted?

 

It sounds like you've had a rough time. Best of luck with whatever you decide.

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The CCA would be pointless in as much as they already have a CCJ and it is that which must be addressed first, simply making a CCA request will not undo the CCJ, nor will it cast doubt over the validity of the CCJ on its own.

 

The CCJ will need to be "undone" before the validity of the CCA once again becomes an issue


Hope this helps

 

 

If you feel that this site has helped you in any way please leave a donation if you can afford to do so.

 

If you feel that have been helpful please feel free to tip the scales.

 

 

The large print giveth, but the small print taketh away. ~Tom Waits, Small Change

 

 

Please note: i am not a qualified lawyer, any advice is offered in good faith and is based on my own and others experiences and a penchant for research and a desire to help others to empower themselves

 

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The CCA would be pointless in as much as they already have a CCJ and it is that which must be addressed first, simply making a CCA request will not undo the CCJ, nor will it cast doubt over the validity of the CCJ on its own.

 

The CCJ will need to be "undone" before the validity of the CCA once again becomes an issue

 

I disagree that it is 'pointless'. I was in a very similar situation (I made a CCA request after judgement in 2 cases) and in both cases had judgement set aside and CO removed and cases were struck out and discontinued respectively. It certainly won't be easy but it MAY be worth a try.

 

As you know in order to 'undo' the CCJ you have to fulfil certain critera and one of those is that you have a defence in the event that the CCJ was set aside. Otherwise it is just a waste of the courts systems time to set aside a judgement if the outcome will just be the same. If there is no CCA or an unenforceable one then that would form the basis for the defence and as such I would advise the OP to try ascertain if one exists or not and if so is it enforceable. They will have to also convince the court they were unaware of the judgement and CO hearing too which could be a struggle.

 

I agree it is going to be a struggle as the CO has also been made final so judgement has been enforced.

 

I don't hearing a fat lady singing just yet but she is clearing her throat!!

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Obviously it is the OP's optionto chase up on the CCA and/or the CCJ as they wish.

 

I have seen set asides awarded on the grounds of a CCJ obtained without following due practice, ie they broke the rules when obtaining the CCJ.

Had the CCJ been obtained without breach or irregularity, then the set aside would have failed.

 

I have seen many CCJ set asides refused when the only defence was a defaulted request for the CCA.

 

But there is always a first time :D


Hope this helps

 

 

If you feel that this site has helped you in any way please leave a donation if you can afford to do so.

 

If you feel that have been helpful please feel free to tip the scales.

 

 

The large print giveth, but the small print taketh away. ~Tom Waits, Small Change

 

 

Please note: i am not a qualified lawyer, any advice is offered in good faith and is based on my own and others experiences and a penchant for research and a desire to help others to empower themselves

 

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Hi all again - Hi Funkyfox, seems like youve been here!

This is getting very interesting. A bit of info -

The CO ws obtained around 12 months ago and I havent heard anything till now.

In the 4 years since the account (if mine) went into default, I havent acknowledged ANYTHING whatsoever. My fault I know, but now its time to sort it all out.

I think my starting point is a CCA - if no-one can prove this debt then how can any court endorse it? Isnt it the rule of thumb that the creditor has to prove the debt - not the debtor?

Following on from this, surely a court is wrong to award a benefit to a creditor simply on their say so? If so, then whats wrong me me accusing anyone of owing me money and taking the chance that they do not repond thereby having that debt enforced against them knowing then there is nothing they can then do?

There must be a way out of this. The scenario as it stands seems quite unjust.

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Hi all,

had a CO on my house for 5 or 6 years. All been very quiet since it was put there.

Now suddenly Im getting letters from Maddersons Solicitors saying that they are looking at my case with their client (Arrow Global) to establish the best method of enforcement they can use to obtain payment.

So how likely is a Judge to order a sale should it go back to court?

The debt is £2700+.

There are no children living here.

Thanks all.

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have you been making regular payments to reduce the debt? Or has nothing been done since the charging order?

If you have been making regular payments and reducing the debt, then I think it would be difficult any judge to order the enforcement. On the other hand if you've done nothing then I think that there is a real risk.


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Hi all. As said in the past, before I found CAG I got a CCJ and consequently, a CO.

 

Now Ive followed a few threads on here re CCJs and how, after six years, a DCA would find it very difficult to "re-enforce" that CCJ,

and has to first get the permission of a judge and that permission is very rarely given.

 

I cant find much more about this so can anyone tell me if this is a legal framework and under what rules it falls?

 

My second, and more important question is this

- if the CCJ gets to this six year rule without any attempt at collection, and for want of a better description, becomes "out of time",

how would this affect the CO obtained from that CCJ?

 

Surely if the CCJ "expires", then the CO could not be enforced either.

Or are they entirely seperate entities?

 

If they are linked however, then what rules/laws do I need to swot up on to arm myself?

Thanks all.

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Hi,

 

Unfortunately there is no time limit to further enforcing the CO.

 

The restriction remains with the Land Registry until it is resolved.

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Hi guys, Ive read on here a few times that if a CCJ isnt acted upon for around six years then it can possibly cause problems in court should a Claimant then decide to act on it.

I got a CO on my property around six years ago ( before I found CAG) and no further action on it since then.

Today however, I get a letter from Morgan Solicitors saying that a CCJ has "recently" been granted in favour of Cabot and as a result, a CO and "Restriction or Notice" has been obtained on my property.

 

This isnt "recent". It refers to action taken six years ago.

 

So does anyone smell a rat here or is it just a "periodic" letter asking for money?

 

And does anyone have any good links to sites that deal with fighting a CO that go into some depth?

The original debt was with Bank of Scotland.

Thanks all.

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I suggest you check with Trust online and establish if this is the CCJ granted 6 years ago or whether it is a new one!

 

http://www.trustonline.org.uk/

 

It will cost you £2.00.

 

I would have thought that any restriction should have been placed on your property soon after the original judgment was awarded.

 

It certainly requires further investigation IMHO. Meanwhile, I will flag your thread for site team, see if anyone has any ideas. :)


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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.

 

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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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Hi citizenb. Thanks for answering.

The CO is definately from six years ago as its a Bank of Scotland credit card. This letter has that as a reference and the account number.

Any possible covert reason why they might use the word "recent"?

Will now have a look at rebels links - cheers citizenb

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