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creditor looking to call in charging order


exeterbay
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Yeah I see what you mean!

 

I received the solicitors 'letter before action' giving me 14 days to pay

(they found out welcome charge had gone so think there's money available!)

so what would you recommend I do?

 

I haven't had any contact for around 7 years and kinda want to not reply!

 

Will they go straight to court?

 

Will they ask for proof of mortgage balance, valuations before they go to court?

 

What else could happen?

 

No money no pay I think!!

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If there is no equity then it would be a pointless exercise forcing the sale of your house,

he wouldnt be paid until the mortgage and disbursements were settled.

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So how would he go about finding this out?

 

Is it down to me to prove it now or let him work it out?

 

Would he need to go to court?

 

If he can't get the money that way is there any other way?

 

I've just got rid of a CCJ and 6 years of bad credit so I don't want anything to kill me off for another 6 years!!

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He would need an "Order for Sale" from the court, so yes.

 

If he applies, you can rebuff with no equity in property so pointless granting.

PLEASE HELP US TO KEEP THIS SITE RUNNING

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I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

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Ignore it unless you receive a claimform trying to enforce the sale

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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  • 4 weeks later...

Hi Martin,

 

I've received a second letter from solicitor saying they are giving me extra time

(original letter stated letter before action)

 

do I need to respond myself now or sit tight until I receive claim form?

 

Is there any other way he could try and get money or does he need to wait until equity is there?

 

Speedy response would gratefully received!!!

 

Thanks

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proves they don't think they have a very strong case

 

 

we will jump

we will

we're not joking

we will jump...

 

 

dx

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Alot of huffing and puffing trying to spoof you into paying something.

 

If he was in such a rush to get his money then why would you be given more time?

 

We do understand things look very different when its you receiving the letters but you know that he isnt getting paid even if he somehow manages to force you to sell and you are a million miles from that day.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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Thanks dx and Martin!

Yeah it's not nice receiving these letters especially when you don't believe you owe anything!!

 

So he can't get the money any other way then such as attachment of earnings?

 

 

I'm no expert but as soon as I got the second letter I thought why do that?

 

 

So I sit on it and do nothing?

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nope cant do that.

let it run

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 3 weeks later...

Morning all!

So... I have received a letter "signed for" from their solicitors saying we haven't heard from you if you don't reply within 14 days then we will proceed without any further notice -- which is what they have said the past two letters but this time I had to sign for the postie!

It's quite funny really isn't it??

 

Thanks

 

nope cant do that.

let it run

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will proceed with what

more scary letters.....:-)

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Proceed with application to court to force for an order of sale.... Of a house with no equity! Whilst he is getting charged for each letter his brief sends which he is adding to the bill!!

will proceed with what

more scary letters.....:-)

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Mostly bogus charges to then?

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 months later...

Hi dx,

Hope your well! Quick Q for you..

At what point does solicitor have to tell charge that I'm selling house?

Can they tell them at the end when contracts exchange or do they have to say at the start?

Just thinking how to avoid paying that's all!

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