Link CCJ for GE money Loan - Now going for a Charging Order **WON - refused**

[trumpetmaest]

Asset Link Capital No1 have requested a charging order on my property.

The court date was 17th November but I have had the hearing moved to a local court & the date is now 28th November.

 

The amount owed is £5100.00 and I am on a DMP with CCCS where I was paying them £19.05 per month.

They took me to court and the payment was upped to £20.00. CCCS told me they were after a charging order on my property.

 

The debt is in my name however, my house is in joint names with my partner.

 

What can I do to try and stop the charging order?

 

I am up to date with all payments.

We have two young children and the letter I have just received from Asset Link Capital suggests that they will request an order for sale of my property.

 

CAN ANYONE OFFER ADVICE?

[lookinforinfo]

Before a charging order can be applied, you have to have missed at least one

payment of the Court Order [£20 in your case]following a ccj. I would be surprised

that the charging order will therefore be granted, as you are up to date with your payments. Also being in a dmp may well discourage the Court from granting the order. Incidentally, what are the CCCs saying about it?

 

Even if a charging order was granted, you will not be forced to sell the house.

What the charging order means is that when you decide to sell your home, that

the amount owing from the charging order must be paid after the mortgage and

any second charges have been paid. So if you never sell the house, the order will never be used.

 

You should check with Citizens Advice quickly, as you may be able to halt the

proceedings in view of being up to date. Also, because you have a partner with

children, this may influence the decision too-especially as the amount is kind

of small in proportion to the probable value of the house [not to mention the

pitifully small increase in payment ordered by the Court when the ccj was applied

for]. But, if you do have a case to appeal, you have to do it at least 7 days before the hearing.

 

 

PS Is There any chance that the debt includes some unlawful charges?

If so, a dispute as to the amount of the debt could halt the case in

its tracks.

[trumpetmaest]

Thanks.

 

do I have to contact the court and state that I am atending?

i told Cardiff court that I wanted to but it was too far and I requested that it was moved nearer to my home so I could attend.

A new date has now been given.

 

CCCS told me to attend with copies of my bank statement proving i am paying, copies of my DMP statement showing that I owe other creditors more and they are accepting them without action.

They also tell me to mention the case Mercantile Credit Co Ltd v Ellis in 1987.

 

They have told me that Courts are granting more charging orders now though.

[sequenci]

here is a really good factsheet, i hope it gives some help

 

National Debtline England & Wales | Debt Advice | Factsheet 15 Charging Orders In The County Court

 

have you actually defaulted on any payments under the judgment?

[trumpetmaest]

no I have not.

 

I have made all payments

[trumpetmaest]

the CCJ allowed them to apply for a charging order.

[trumpetmaest]

UPDATE...

 

Wrote a letter using National Debtline Template below and posted it to court & Asset Link. Kept proof of postage.

 

Asset Link Capital (no1) Ltd

PO Box 107

Caerphilly

CF83 9AD

17th November 2006

Dear Sir/Madam,

 

Re: Company: Asset Link Capital (no1) Ltd

Defendant:

Court:

Date:

Claim No:

REF:

 

I am giving notice that I object to the Charging order being made final and I intend to attend the hearing at the above date and court.

 

My objections are;

 

1,

 

When I ran into severe financial difficulties I sought help from the National Debt line. I was advised to correspond with the Consumer Credit Counselling Service, (which I did) and a Debt Management Plan (DMP) was set up with all my creditors in May 2006. I have kept up all payments to date. Within the DMP I was paying Asset Link £19.05 per month.

 

After Asset Link obtained a County Court Judgement regarding my debt I was ordered to pay instalments of £20.00 per month which I have kept up to via Standing Order from my Bank Account.

I understand that according to a case called Mercantile Credit Co Ltd v Ellis in 1987, a charging order should only be made if the payments on a judgment are in arrears.

2,

Asset Link Capital are also aware that my Debt Management Plan, administered by the Consumer Credit Counselling Service has a number of Creditors;

Creditor

Name

 

Payment

 

This Month

Payments

To Date

Current

Balance

 

A charging order in favour of one creditor would give Asset Link Capital unfair priority over other my unsecured creditors.

As you can see I already have a payment arrangement in place with all my other creditors via the Consumer Credit Counselling Service. This would be upset by an order being made.

Furthermore I would like to draw your attention to the fact that all of the debts are larger than Asset Link Capital debt and all other creditors have frozen the interest amounts.

3,

We have two young children, one aged and a second who is old. My family would suffer severe hardship if a charging order was to lead to the sale of our home. More so when the debt that Asset Link are requesting a Charging Order for is in my name but I our home is owned jointly so it is not even my partner's debt.

Yours Faithfully,

 

I went to Court along with bank statements....

 

RESULT

 

Case dismissed!!!!:grin:

 

I would like to say a big THANKYOU to all on here for your help.

[sequenci]

superb, glad to have been of assistance.

[trumpetmaest]

I had a loan with GE money and struggled with payments. Went on to DMP and they refused to talk to my people.

 

They sold the debt to Assset Link who got a CCJ (before I disovered CAG! CCCS advised me to admit my debt and take it on the chin!)

& and then tried for a charging order (after I found CAG) and failed to obtain it.

 

Anyway the CCJ ordered me to pay them £20 per month with I have done for the past 18 months.

I have never had statements etc so I have now written to Link requesting these.

 

I decided to send a SAR to GE money to see if they had applied charges etc.

 

Now today I have received a letter stating they will only send me my details if I provide them with my signature.

 

Can they do this?

 

Is there a letter out there that I could send to them requesting my SAR to be actioned upon without my signature?

They are happy to send me letters without it!

[Conniff]

Type the signature.

 

From the house of commons:

 

2.1 mechanical signatures using rubber stamps, printing or typewriting were valid in english law;

[trumpetmaest]

What document should I quote?

[Guest Old_andrew2018]

Hi

 

Why not use a digital signature, its so simple even I was able to create one

here is a CAG link thanks to NitrosOxide,

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/110578-digital-signature-guide.html

 

Regards

 

Andy

[trumpetmaest]

Hi I am hoping someone can help me.

 

I took out a loan in 2003 for £7k and managed to keep up payments until I ran into difficulty January 06.

 

I contacted the debt line and they put me on to to cccs who set up a DMP for all my creditors.

 

the loan company sold my loan straight away to a debt collection agency (i dont want to name them) and they immediatley issued me with court papers.

 

Now at this point I owed approx £80k to credit cards etc and I was on medication for stress.

 

They demanded just over £5k which i could not pay.

 

When i contacted the cccs they said i should 'take it on the chin' and let them get a ccj and then pay them.

 

I did this and I have been paying them every month since. They tried and failed to get a charging order on me and I have not heard from them since (until now).

 

In this time I found this forum and I have been empowered by it. I have contacted my creditors & requested docs etc... I have challanged DCA's and stopped them ringing and I have taken control of my life. I'm off medication and I have a positive attitude again!

 

 

 

I contacted the orginal loan company and requested a SAR and eventually after much persistance they provided me with it. The statements etc show lots of charges and penalties they added.

 

I also got a phonecall from the DCA requesting that I upped my payments because the interest they were charging meant the loan was going up.

 

I then realised that I had never had a statement from them. So I requested one in writing.

 

Today I have got a statement from them that shows every payment I made since 2003 (with the original loan company), all their charges, the DCA's Fees and then the interest.

 

There letter states.

 

Thankyou for your enquiry, as requested we enclose a statement of your account. This shows the amount outstanding under the terms of the original agreement, including the total amount of the interest that we are entitled to claim under the terms of the agreement.

Although we are legally entitled to claim the total sum shown on your statement....then they offer a discount if I pay up in 14 days.

 

Now the amount they are quoting is nearly £7k.

 

What can I do?

 

Should I ask to see the agreement? CCA them?

 

What about the charges? should I pursue them for all of them?

 

Could I get the CCJ reversed?

 

Help:confused:

[cerberusalert]

When the CCJ was awarded against you what were the terms? Did the judge stipulate a monthly payment and did he allow interest to be added?

[trumpetmaest]

As far as I can remember the CCJ just instructed me to pay £20 per month which I am doing.

 

The amount they were asking for was just over £5000.

[cerberusalert]

I would check with the court to see what the judgement was because normally the interest stops. I have a feeling that this DCA is pulling a fast one here.

[trumpetmaest]

sorry to sound stupid but how would I check with the court?

They filed it in Northampton but I am miles away.

[angel_1]

Hiya,,, well firstly well done in getting some control back into your life:cool:

 

just wanted to offer some support at this time for you

 

have you no paperwork from northampton, would there be any record on the credit files to give indication of the ccj recorded and thus you could quote any ref number to northampton county court,,,,

 

im sure others more experienced than me in this area will soon come along

 

take care for now laters angel x

[cerberusalert]

Call the Northampton CCBC on 0845 408 5302.

[trumpetmaest]

Thanks. Do I just give the court my name and personal details?

[cerberusalert]

Yes, theyll need as much info as possible.

[trumpetmaest]

Im on it !

[Sea Gull]

Excellent Result - why do these people put us through such heartache?

I wanted to ask a Question if you have a Charging Order, and you make payments regulary, are the companies concerned allowed to raise the monthy amount every 6 months? or is this another scare tactic we all fall for?

[sequenci]

Excellent Result - why do these people put us through such heartache?

I wanted to ask a Question if you have a Charging Order, and you make payments regulary, are the companies concerned allowed to raise the monthy amount every 6 months? or is this another scare tactic we all fall for?

 

If the instalment is set by the court you should NEVER increase the payments unless instructed to by a court order.

[trumpetmaest]

Sorry for delay but I have been quite ill. I have got a copy of the court papers that relate to the applicaito for the charging order.

 

It states

 

a) a judgement or order given on xx/xx/06 ordered the defendant 'the jdgment debtor' to pay the judgment creditor £5404.99;

 

b) the amount now outstanding under the judgment order is 35366.89 including any interest and costs:and

 

c) the judgment debtor is/are owner of, or has a beneficial interest in the asset described in the schedule below

 

(The case was dismissed...) and I have been paying £20 per month

 

Does this help?