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    • LL would have Absolutely no chance of getting the smart meter changed back.....
    • slow down ...read what i'm asking , stating and trying to clarify.. it all might seem useless or totally irrelevant but it's important information moving forward with the whole situation and useful in the SPC claim moving forward     there was not 2 loans - the litigated OD is not a loan but it appears from your comment here..     sorry but then you did get scammed on many fronts... they allowed you to settle the loan exploiting your confusion over thinking it was the litigated account. they didn't tell you either and they would also have been aware of your statement filed response form:   The respondent had a junior account with the Bank of Scotland since a young age.  The Bank of Scotland offered the Respondent a loan of around £2500. This Respondent serviced the loan until losing her source of income and ran into some financial difficulty resulting in defaulting in servicing the loan.   they settled for a discounted sum... why? we usually find this is because they hold no enforceable paperwork at all. or was full of charges , charges could have been the discount or it could have been due to 'a business decision' ...   but sure as eggs is eggs there is no way 1st credit would not have raised a court claim for both the OD and the loan unless there was a very good reason. they didn't that smells...badly.   OD 's are notoriously difficult to litigate upon if defended properly...but with a loan in the same claim, with enforceable paperwork, they would have almost been guaranteed to win.   it's also a shame you didn't come where before you did anything but we are where we are.   now the above might seem harsh..even petty but our posts are not only for you and your issue they are also for future readers that find us via search engines or read like threads here alerting debtors to frequent pitfalls and innocent wet myself actions many do that all these dca's will and have exploited time and time again over the last +40yrs .   i'll try and get around to properly redacting all your pdf's tonight and get them back up. but before i finish and get on with the above........the status of the claim as it stands now.   From what i can gather the claim now hinges upon proving her ex at the time settled by a discounted payment to HBOS well before the sale to Intrum and the SPC Claim.   In all honestly and with regard to your comments in your previous posts upon his character, i seriously doubt this ever happened. the disclosures from Intrum contain all the OD statements , should that have happened, it would be detailed in those.   there is little point in the claimant hiding that info as they would be in far more legal trouble should they have doctored them than insuring a mere +£1k claim win. Even 1st credit wouldn't pull such stunts.   Sorry but there is little point in requesting HBOS to attend any future hearing, nor hoping the SAR shows anything different to the statements the claimant has disclosed . That will cost you more money , and more money in terms of the claimant attending another hearing.   there is one exploitation i see. that being the mention of a default notice. the claim states:  The respondent fell into arrears under the Finance Agreement. A Default Notice was Issued by the Original Creditor .   now default notices are not issued for OD A/C's (which ties in to the possible loan confusion and scam settlement i mentioned) . This tallies with a common mistake that many DCA's, including why i keep mentioning 1st credit, which is the previous name for Intrum, made on numerous claims and was one of the reasons for the name change. To Hide that They lost many Statutory Demand and court claims over the non existence of a DN or proof of it's issuance by the OC (a DCA can't issue a DN) .. No copy of a default notice is fatal to to successful  litigation.   even though in this OD case one was not ever needed. (Poor particulars of claim showing copy and paste, and never expecting a claim to be defended but responded to by a wet themselves response , which you did by settling a loan which you believed was the claimed debt when it never was)    other than that you indicate you made an OOC F&F offer in 09-20  have you advanced this option since ?   dx
    • A government-backed firm is looking for new ways to get people to put money aside for a "rainy day". View the full article
    • Hi 1983 and welcome to CAG   Bear with us as it gets quieter here over the weekend.   CCA requests will not be appropriate for the bank account overdrafts.   Before further suggestions are made about CCA requests from the creditors, can you give us approx opening dates for each of the 5 CC a/c's and the bank loan a/c.
    • Hi,    I'm new to this forum and hoping for some advice!   I have various overdraft, credit card and loan debts, which are all a bit of a mess:   Barclaycard (2 cards) = £14,000 (1 card suspended, but not in arrears) Lloyds CC= £3,800 Tesco CC = £3700 Natwest CC = £650 Natwest Loan £17,000 Natwest OD = £1,400 Halifax OD = £1,500   Currently, I have not missed any payments, but I'm reaching a point where these debts are becoming unmanageable. I have just about kept up with repayments but now all 0% have ended and minimum payments are increasing making it impossible.    I am considering a debt management plan... Reading through other people's experiences, dmp's seem to have mixed opinions and I'm also unsure if I should use a company like Step Change or Payplan whether I'd do better approaching the various creditors myself.   My wife also has debts, but much less (approx £10k and up to date, but struggling). Is it prudent for us to both start a dmp, or will that effect our long term plans if/when we want to remortgage/move down the line? (i know it'll be 6 years after default before these will disappear from our files).   As it stands, my min payments next month are approaching £1k, which is absurd. What kind of level of min payment would I expect to pay in a dmp?   Also, there seems to be a lot of advice on obtaining CCA's. At what point should I be asking for these, or is this something best left until the debts are inevitably sold on?   Sorry for the multiple questions!   Thanks in advance,   A    
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
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Northern Rock ICO, Cannot find Creditor to Clear debt/remove from Land Registry


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I had an Interim charging order placed on my home by Northern Rock in 2007.

I am in the process of selling my house now and I need to get this interim charging order note to be removed from the Land Registry.

 

The last communication i've had on behalf of Northern Rock was in 2012 communicating that this debt has been sent back to Northern Rock Assets Management. The contact details/phone numbers provided to me then are no longer valid.

 

How do I deal with this?

I am in a position to settle this debt but am struggling to find the company that has got my account.

 

I called the last company that communicated to me in 2012 but they do not have my account.

There are too many contacts for NRAM I found via google but they are all for PPI recovery.

 

Any advise would be appreciated.

Also, if I wouldn't find who holds my account,

can I apply to court to get this removed in the light of the creditor does no longer exist?

 

Thank you in advance for your help

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simple answer is no

they do exist

but

 

can we have the text of the charge from LR please

verbatim as written.

 

and tell use what kind of loan was this?

and if the home was in joint names and the order is in joint or single name

 

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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The precise text from the Land Register was

 

"(31.05.2007) Equitable charge created by an interim charging order of the Cardiff County Court dated .... 2007 in favour of Northern Rock PLC".

NOTE: Copy Filed

 

I have applied for a copy from the LR using form OC2

 

The loan was an "unsecured" and everything was on a single name (mine only).

 

Thank you

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Found these details on the FCA register. Karen Lacy Roberts is presumably a compliance officer, so will know who would deal with your enquiry. Or give the Switchboard a call.

 

Croft Road

Bingley

West Yorkshire BD16 2UA

 

Head office switchboard 0845 6099610

 

Contact Email:

KAREN LACY-ROBERTS

karen.lacy-roberts@ukar.co.uk

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  • 4 weeks later...

The precise text from the Land Register was "(31.05.2007) Equitable charge created by an interim charging order of the Cardiff county courticon dated .... 2007 in favour of Northern Rockicon PLC". NOTE: Copy Filed

 

I have applied for a copy from the LR using form OC2

 

The loan was an "unsecured" and everything was on a single name (mine only).

 

Thank you

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If it was an unsecured loan...did they get a CCJ against you ?

We could do with some help from you.

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Yes a CCJ was entered against me

 

I have since tracked the Loan that was being managed by NRAM then sold on again to Marlin (another DCA).

 

Surely this loan is statute barred if 10 years old and the original Lender no longer exists, then I should be able to get it removed from Land registry?

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nope cant be statute barred with a CCJ/CO.

 

so NR/NRAM sold it to Marlin DCA [cabot group]

but they didn't get the charge changed to their Name...urm..

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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Yes a CCJ was entered against me

 

I have since tracked the Loan that was being managed by NRAM then sold on again to Marlin (another DCA).

 

Surely this loan is statute barred if 10 years old and the original Lender no longer exists, then I should be able to get it removed from Land registry?

 

Never statute barred after a CCJ.

 

They applied an interim charging in the hope of getting paid if the house was sold.

 

The interim charging order would not prevent a house being sold and if the creditor owed the money did not respond after being notified, then any Solicitors would surely be entitled to pass all sale proceeds to their client. Your Solicitors would surely just notify land registry.

 

No expert on this, but Solicitors must have a process they follow in your situation. They must come across very old interim charging orders where Banks no longer exist.

We could do with some help from you.

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Correct dx100uk, apparently they sold it in 2013 but I didn't get any notification.

 

I wrote to NRAM and then to Cabot asking for details on my account and thats how I found out.

 

It all appears very shady with minimum information.

 

The letter I received from Cabot specifies the debt sold to Marlin as unsecured (no mention of CO or CCJ)

 

They haven't mentioned anything about repayment at all which is odd considering.

Edited by tigerf999
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and you don't tell cabot either about the CCJ/CO.!!

 

I bet this is quite a low figure CCJ too?

know NRAM it'll be all flippin' bogus insurance and penalty fees

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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The problem is I need to sell my house. How can I progress with this situation?

 

and you don't tell cabot either about the CCJ/CO.!!

 

I bet this is quite a low figure CCJ too?

know NRAM it'll be all flippin' bogus insurance and penalty fees

 

Thanks, I think I maybe need to speak to a conveyancer

Never statute barred after a CCJ.

 

They applied an interim charging in the hope of getting paid if the house was sold.

 

The interim charging order would not prevent a house being sold and if the creditor owed the money did not respond after being notified, then any Solicitors would surely be entitled to pass all sale proceeds to their client. Your Solicitors would surely just notify land registry.

 

No expert on this, but Solicitors must have a process they follow in your situation. They must come across very old interim charging orders where Banks no longer exist.

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have you ACTUALLY tried to sell and have been told you must pay it?

 

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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I haven't been told that i must pay it, I looked on Land Registry for any issues prior to selling and noticed 2 equitable charges, the main one Northern Rock and one from HFC, ironically both companies no longer exist. I was under the impression that this would be picked up by the buyers Solicitor and insists on it being cleared before any sale.

have you ACTUALLY tried to sell and have been told you must pay it?

 

dx

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they do both exist

why do you keep saying they don't.

 

but as one ha been sold

and the buyer knows nowt about it and its not in their name

 

odds on the 2nd has been sold on too.

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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Share on other sites

As per Companies House HFC Bank Ltd is liquidated, it had been taken over by HSBC (HSBC has a zero balance on my account).

 

Northern Rock became NRAM. NRAM doesn't have my account either.

 

The third parties bought the debts as "unsecured" loan but I haven't contacted them yet.

 

My other concern is

- are those third parties have legal rights to remove the CCJ/equitable charge considering the debt registered with them as unsecured and the CCJ/CO is still with the original companies (HFC and Northern Rock)?

 

Any advice?

Edited by tigerf999
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no they don't even know they are there.

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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Share on other sites

If you need to sell the house then just plough on with this and discuss the issue with a Solicitors that handles conveyancing. If there is just an interim charge, then after Solicitors notifying the creditors at the address shown on the land registry the house is being sold, if the creditors do not reply, then you will get the sale proceeds.

 

It is not your problem if these Banks have transferred ownership of your debts and are rubbish at maintaining records.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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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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Share on other sites

Thanks, I will contact my conveyancer tomorrow. Will keep you updated

If you need to sell the house then just plough on with this and discuss the issue with a Solicitors that handles conveyancing. If there is just an interim charge, then after Solicitors notifying the creditors at the address shown on the land registry the house is being sold, if the creditors do not reply, then you will get the sale proceeds.

 

It is not your problem if these Banks have transferred ownership of your debts and are rubbish at maintaining records.

 

Thanks

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