HSBC selling charging order ?

[onestressedwoman]

Any advice on this one

 

Had a CC debt with HSBC tried to claim on PPI but as my ill health was down to existing condition it did not cover me - recieved court summons replied arranged via court to pay £20 per month

 

However mum diagnosed with cancer missed one payment £20 but contacting them to apologise and issuing payment for further 3 months in advance so I would never be in a position to miss a payment again - yet recieved summons re charging order went to court by myself and Charging order was granted

 

Since which time however on reading info about missold PPI's via CAG wondered if I could go back to court and argue on the ground it was mis sold so putting the account back in dispute in an effort to get charging order lifted ? and refund of payments £100 per month to my recollection this way there would be little or no Debt?

 

I did check with Solicitor CCA was enforcable but she never commented about PPI.

 

Or would I be just whistling in the wind ?

 

Any Ideas

 

OSW

[dx100uk]

nope you are thinking right

 

the missold ppi can be reclaimed

you should also be looking at any unlawful charges [over limit/late payment]

if any of these were inc on the default notice? that you got that led to the CCJ and latterly the charging order.

then that would be good ggrounds to get it set aside.

 

the ppi in itself is not a reason sadly.

 

 

dx

[onestressedwoman]

So Have I got this right ?

 

PPI by itself no hope ! PPI and charges make applicaation to have it set aside ! Must have had charges because order was over my limit ! Is there a way I can check this ? Requests transaction list from HSBC ?

 

Hate Courts always end up going in shaking -

 

I will request forms from court today so I have them here if you could confirm if contacting HSBC for transaction list is the way to go then I will get to that too.

 

Probably will need help filling in forms but sure someone here will assit

 

Thank you !

 

Finally in a kick arse mood although late in the day ! About time I tried to look after my interests hey !

 

OSW

[dx100uk]

no the charges is the one to do

but do the ppi [as a sep issue too] adds to your shell size you fire at them.

 

you need to fire off an sar

 

see the library tab above this thread

 

dx

[onestressedwoman]

VERY CONFUSED????

 

HSBC have a charge on my property in the respect of an old CC debit £6600 ish

Was making payment to DW Assosiates (HSBC in disguise) then it changed to HSBC repayments services.

 

I received a letter yesterday telling me they had sold my debt to Cabot ??

 

You can't sell a debt attached to a charging order can you????

 

Repayment agreement is set out by the court.

 

Whats going on here??

 

Can you really choose to pass on a charging order??? So then Cabot would have the charge on my house? Will I have to go back to court?

 

TOTALLY CONFUSED AND A LITTLE WORRIED!!!

[ericsbrother]

what does the charging order say?

Generally the CO is to grab money for the creditor should you decide to sell your house.

 

That debt can be sold on but whether the CO is thus invalid because it is in the name of a person or entity would depend on more than that

 

. many CO' are not CO at all but an interim measure.

[onestressedwoman]

Oh theres a question where is the charging order .....

 

No its not interim order of that I'm sure - I was thinking the same thing about the CO being invalid ... that would put me in a precarious position as with HSBC I am dealing with a proper financial body Cabot in my understanding are bully debt collectors

 

CO been live for 9 years maybe more

 

 

???? It just seems very strange

[dx100uk]

Jointly owned house / mortgage??

[onestressedwoman]

No in my name only just spoken with FCA can't help as legal query

 

 

Called court line they said yes I should question it but FCO passed on in 2009 says not to be enforced so long as payments made (which they have been) but court line thought it was strange too

[AndyOrch]

It can be assigned...nothing wrong with that......but because yours is pre 2012.......

 

Section 94 of the Tribunals, Courts and Enforcement Act 2007 was brought into force on 17 May 2012. The Act incorporates a new section 3A into the Charging Orders Act 1979 and has given the Lord Chancellor the power to make regulations providing that:

 

charging orders may not be imposed to secure an amount below a certain threshold; and

charging orders may not be enforced by orders for sale if the amount in question is below £1,000. This will only apply to debts regulated by the Consumer Credit Act. Indications at the current time are that this change will be introduced in December 2012.

 

The Second Change

 

Section 93 of the Tribunals, Courts and Enforcement Act 2007 will come into force on 1 October 2012. The amendments allow an application for a charging order to be made in cases where the debtor has not defaulted on payment of an instalment judgment. However, it should be noted that:

 

The court must take into consideration the fact that there has been no default when deciding whether to grant the order for sale; and

An order for sale to enforce the charging order may not be made at the same time as the application for the charging order unless the whole or part of an instalment which falls due under the judgment remains unpaid.

 

What does this mean in practice?

 

The second change is significant given that, as matters currently stand, if the debtor is making payment under an instalment judgment, it is not possible to apply for a charging order until a debtor defaults in payment of any of those instalments. Under the new legislation, even if a debtor is adhering to judgment instalments, the creditor is still entitled to secure the debt by way of a charge however, as indicated; the court must take into account that payments are being maintained when deciding whether to impose a final charging order over the debtor’s property.

[onestressedwoman]

AndyOrch I don't understand!

 

Yes charging order in place - but how can they transfer a charging order yes I understand transferring a debt - but surely transferring a charging order would have to go back to court for the order to be reassigned to new collector?

 

Does new legislation mean that they can request an order for sale? Or indeed for a change in payment arrangement already set out by the court?

 

New legislation above is all Greek to me really don't understand

 

The charging order was granted in the first place because I was late with one installment even though I normal had the account running ahead of time but my mother was dying and I was late in paying just once.

[AndyOrch]

Charging order is merely and admin notification that secures the judgment debt against your property...debt/charging order are one and the same except the CO has no monetary value.

 

They cant request an order for sale as yours is pre 2012 under the old legislation and providing you are never in default of your payments as laid down by the court they cant do anything further to execute the judgment.

[onestressedwoman]

Can't understand why they would transfer it then seems pointless who would want to by a debt that in reality wont be repaid until I die or sell my house?

[AndyOrch]

Can't understand why they would transfer it then seems pointless who would want to by a debt that in reality wont be repaid until I die or sell my house?

 

You would be surprised

[onestressedwoman]

to repay it under agreed terms it will take 26 years

[AndyOrch]

Well Cabot can always request a redetermination under the original judgment to try to get you to increase the monthly payments...a court will determine from your evidence presented what you can realistically afford to pay

.

They can only change the payment amount through a court application...so ignore any letters requesting a rise.

 

 

Just continue to make your agreed payments.....its immaterial who the owner of the debt is

[onestressedwoman]

letter says call and arrange a new account to pay installments to - however it does say that if I continue to pay HSBC then HSBC will forward payments - my gut instinct is to continue paying vIa HSBC

[AndyOrch]

letter says call and arrange a new account to pay installments to - however it does say that if I continue to pay HSBC then HSBC will forward payments - my gut instinct is to continue paying vIa HSBC

 

[onestressedwoman]

Andy do you know you are my hero

[AndyOrch]

[onestressedwoman]

Andy ???? PPI was deducted from the original order amount this won't change the date this fall under can it ?

 

Andy one question I had a credit of PPI on this debt will this change the dates the charge applies to

[dx100uk]

PPI? that's why they sold it then

you were dumb enough not to reclaim it!!

 

 

get reclaiming

 

 

dx

[dx100uk]

you haven't told cabot theres a CO have you?

and I bet they don't know either

don't reply!!

[AndyOrch]

Andy ???? PPI was deducted from the original order amount this won't change the date this fall under can it ?

 

Andy one question I had a credit of PPI on this debt will this change the dates the charge applies to

 

Its irrelevant to the judgment

[onestressedwoman]

And another stage in the HSBC / Cabot saga

 

I asked the court or a copy of the order ??

 

Strange as strange can be they no longer have the physical file and there are no documents attached to the PDF so where are the records of this charge?