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    • i point you to two threads whereby you'll see an explanation by andy (post 22 here) https://www.consumeractiongroup.co.uk/topic/410486-lowell-interim-charging-order-from-credit-card-debt-2009/?tab=comments#comment-4912902   and   https://www.consumeractiongroup.co.uk/topic/406428-remortgage-issue/   if yours says:    written notice of the disposition was given to XX Council ( - disposition = sold vis: disposed of) ..... notice means letter telling them it's been sold -    doesn't say it must be paid or settled BEFORE disposition..   that's the way i read it.          
    • dx100uk   You are absolutely correct. That's exactly what the wording is! And if that's the case then - happy days for me! However, I thought that:   1. This wording meant the conveyancing solicitor had to tell the council that the house was about to be sold so they were aware!   But you are saying that the council only needs to be informed AFTER the house has been sold? Can I tell the council that? [I think I've seen something on the internet that says I can, rather than the CS] Or do I need the conveyancing solicitor to contact the council?   2. That this wording wasn't a restriction K [as I'd looked at Schedule 4 of the Standard Forms of Restriction] and tried to match my wording to those listed - and thought restriction K was the closest.     3. That this was a non-standard restriction [and that's what the Land Registry told me too and that the restriction was not a Restriction K!!! [see extract below]   Please remember that when applying for a restriction not in standard form:   it must always contain the words ‘is to be completed by  registration’ rather than ‘is to be registered’. This will serve to make the effect of the restriction clear. The term ‘registered’, where used in any of the standard form restrictions, means the completion of a registrable disposition by complying with the relevant registration requirements prescribed in Schedule 2 to the Land Registration Act 2002 (rule 91(3) of the Land Registration Rules 2003), but this statutory definition only applies to standard form restrictions. Please note that we will not accept restrictions not in standard form for registration that contain the words ‘is to be registered’   So I'm confused now. IF it is a restriction K - then the conveyancing solicitor doesn't have to do anything and I can let the council know.   It seems it is dependent on the wording 'completed by registration' and 'is to be registered'???   Below is copied from Martin's MSE.   This relies again on the 'is to be registered' whereas my wording is ' completed by registration' which you say is restriction K and LR says is not.   I need to go to sleep now!   Thanks dx.   Extract from MSE below.   If your property is jointly owned a creditor will not be able to obtain a CO against you, they can only get what is called a restriction. The laws on Restrictions are totally different to Orders, the most important being there is NO OBLIGATION for you to pay any of the proceeds of the sale to the creditor. However, during the whole court process you go through the reference from all parties (especially the creditor) will be to charging order and NOT to restriction. This is done in order to deceive you believing you are stuck with a CO. However, not all solicitors are aware of the law in this regard and it is important that you raise this point with them in the first instance before proceeding with them Quote: Restriction The restriction which can be entered on the register where a charging order is made against one of joint proprietors is in the following form :- No disposition of the registered estate is to be registered without a certificate signed by the applicant for registration or his conveyancer that written notice of the disposition was given to [name of person with the benefit of the charging order] at [address for service], being the person with the benefit of /I]an interim[I/I]a final[I charging order on the beneficial interest of (name of judgment debtor) made by the (name of court) on (date) (Court reference.…).        
    • Hi Tony,   Please ensure YF does NOT acknowledge any debt  when confirming their new address.   They should simply state, " Please note my new address, as shown above."   Do not say anything about "a debt owed", or "the money you are chasing."   Do nothing that resets the SB Clock - ie acknowledging the debt and causing probs for the next 6 years. 
    • you ring you bank    
    • i suspect the charge on the Land registry site against the house reads:   2. (XX.XX.2007) RESTRICTION: No disposition of the registered estate is to be completed by registration without a certificate signed by the applicant or his conveyancer that written notice of the disposition was given to XX Council at P.O. Box XX, STREET, TOWN, POSTCODE, being the person with the benefit of a Charge under Section 22 of the Health and Social Services and Social Security Adjudications Act 1983.   ..............   that is a restriction k and is useless to the council, as all 'legally' your have to do is inform them AFTER the house has been sold . then it's too late money has gone.   dx
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G__M

Found CCJ Lowell/Carter old provident loan

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Evening Folks,

 

 

Apologies if this is in the wrong section, if it is could the mods kindly move it.

 

I have arrived home today with my wife to find that my wife has kindly received in the post a CCJ obtained by Lowell(Claimant)/Bryan Carter Solicitors on 16/09/2015.

 

Now this has come as a bit of a shock as we have received no prior correspondence from them regarding this debt or anything to state there would be any date to appear in court to deal with this.

 

The judgment has also been obtained in my wife's maiden name, despite us being married for 3 years.

 

I would greatly appreciate any help to urgently deal with this.

 

Many Thanks

G__M

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First question has to be how long you have been at your current address?

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We have been at this address for 3 years in November and have been on the electoral roll since we moved in.

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I don't think there is much you can do until Monday, because you will need to telephone the Court - MCOL -

 

The process for the claim would/should have been...

 

A few letters from Lowell and Bryan Carter the solicitors.

 

A letter before Claim

The Claim itself, which would have been sent from the court

 

When you telephone the court on Monday, you need to know what address the claim was issued to and the date of the claim.

 

You also would like a copy of the claim, because it should advise you the name of the creditor was who assigned/sold the debt to Lowells.

 

You need to act swiftly on this, because if there has been a procedural or any other error then you will be able to have the claim set aside.

 

Does your wife have an idea at all what this might be in connection with ?

 

You might want to check her credit files to see if there is anything on there that would give her a clue.

 

You can use the free service offered by Noddle, although that one is not always up to date.

 

It would appear that you should be looking for a debt that your wife had prior to your marriage.


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citizenB,

 

I have checked my wife's credit file and it is for a provident loan that she took out

 

 

I started experiencing major health issues around the time we got married and subsequently was diagnosed with Epilepsy

so my wife as well has working full time has had to also look after me(with occasional help from relatives)

so has put a big strain on her the last few years and she had totally forgot about it.

 

We definitely have not had any documentation from Lowell/BC since moving in with the in laws in November 2012

because of my health issues and I'm afraid they will try to send in High Court Sheriff/Bailiffs.

 

Many Thanks

G__M

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Did you inform provident of your change of address three years ago??

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Obiter,

 

My wife can remember speaking to provident about it when she initially had issues in repaying and that we were moving due to my health issues however she cannot recall if she provided the new address.

 

I'm already stressing about this, its not that she does not agree that the monies are owed however the thing that is worrying is that we have never received any paperwork regarding the debt yet somehow Lowell/BC must have obtained this in order to get a CCJ.

 

Thanks

G__M

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Carter is the lowest of the low. He uses any trick he can to get a judgement. In your case, issuing on an old address, therefore knowing hell get the judgement.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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That is the problem, if your wife never informed provident on the change of address the court will almost certainly deny a set aside application

 

If i were you i would send a subject access request to provident to see if any notes have been made about the change of address.

 

Do not tell them what you are after, you are after everything.

 

Get that and you should be ok

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was this a doorstep loan?

and was it the only one?

or was it a rolling account - borrowed more and more. over a time????

 

 

you might be able to set it aside

 

 

however you'll need a defence for the original debt mind


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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dx100uk,

 

I believe it was a doorstep loan as it was one that come to the door to collect payment.

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dx100uk,

 

I believe it was a doorstep loan as it was one that come to the door to collect payment.

 

Might be wrong, but did i read that Provident stopped collecting payment at the doorstep a few years back. Could it be that this happened around the time of moving and therefore a new arrangement to pay by a different method was not arranged.

 

What i find odd, is that Lowell must on many occasions look at the credit record and if the address has changed, why don't they make a note of it, to use for letters and pass on to Carters.

 

Perhaps see if you can get the credit record history of the address shown and also the history of any credit checks by companies. If you discover that Lowell and Carters have accessed the credit record many times so would have seen the address, i think i might be tempted to use this evidence in some way.


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I live in Northern Ireland and only yesterday did i receive a letter from provident offering this door step loan and collection

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I'd get an sar running to provi ASAP


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Why not use CPR rules instead of SARing, would be faster.

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Thanks for the advice so far folks,

 

I have checked her credit record and Lowell indeed carried out a search as late as December 2014.

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