Jump to content

 

BankFodder BankFodder


bobalong

CHARGING ORDERS FROM DCAs

style="text-align:center;"> Please note that this topic has not had any new posts for the last 567 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hello all and hope this is in the right area for posting this...if not I can remove and repost if directed, thanks.

 

Ok here we go...the sob story....I have had my head in the sand about all my debts for years, mostly from losing my job in 2009, family loss before and after and some health issues since but none of that really matters as the ball keeps rolling...so to now!

 

Where having had Land Registry contact me (a second time) with regards to both a RESTRICTION & an AGREED NOTICE (for 2 separate debts), it is clear that this cannot continue so I have to do something about it, so if anyone can give me some advice or point me in the right direction of what I can/should do then I would greatly appreciate it!

 

Not sure about how much info you need but will provide as much as possible, in as concise a way I can (I am able to scan any of the documents I refer to herein if needed).

 

Debt 1: £3018.44 (inc. costs/interest/fines)

Original Creditor: Halifax

Original Loan Date: This was a bank account and monies owed is overdraft

Original Loan Amount: £2000 (overdraft limit)

Debt Company(s): Cabot

Solicitor(s): Mortimer & Clarke

Date of Land Registry contact: 27/06/18

Action of Land Registry: Document B132 ‐ ENTRY OF AN AGREED NOTICE

 

Notes: I have no old bank account documents from Halifax but can always request them? Not sure if that is possible...

Have previously made payments (of £1 & £10 an agreed payment plan) but no payments made for over 6/7 years

 

Debt 2: £8501.21 (inc. costs/interest/fines)

Original Creditor: Northern Rock

Original Loan Date: 2007/2008

Original Loan Amount: £7000

Debt Company(s): HPH2 EX SANDTANDER UK PLC, Robinsons, Hoist Portfolio (which is also the same company as HPH2...I think)

Solicitor(s): Howard Cohen

Date of Land Registry contact: 24/08/17

Action of Land Registry: Document B136 (CO) ‐ AN APPLICATION TO REGISTER A RESTRICTION AGAINST THE LAND

 

Notes: The original creditor loan was taken out with Northern Rock but I do not have any of the old documents

Not sure of the exact date that I took out this loan but think it was at the end of 2007 early 2008

I have not made payments to them for over 6/7 years but their documentation states £0 paid at all ‐ I would have to request old bank statements to confirm

 

Guess the question is can I do anything about having these removed?

Are the debts still enforceable?

Should I ask the Debt Companies for the date of the original loans? I think they got the charging orders in before the end of the 6 year period for collection (not that I was playing it that way just from what I have read recently.

Can I still ask them to provide proof of debt?

 

i understand that it is a horse bolted situation but even if it is to go back and work out a payment plan etc then so be it and I am not sure I am even asking the right questions. Ideally I just want to get this straight and cut the worry about losing my house and find a way to become debt free! Really, any advice given is sorely needed. If you need more info about the situation or about me then please ask.

 

Thank you,

Bob

Share this post


Link to post
Share on other sites

It looks like both of these actions were out of time so you could have simply told the court the claims were statute barred.

 

Why on earth didnt you ask for advice before you allowed them to take this action?

 

Now you can apply for it all to be set aside as it is SB but if you got the paperwork from court and just ignored it I'm not sure that would impress them much.

 

However it is worth pursuing, may cost you money but if you are on benefits the court fees are waived.

Edited by dx100uk
spacing

Share this post


Link to post
Share on other sites

is this a jointly owed home but these are just your debts not joint..so only restriction k's?


..

Share this post


Link to post
Share on other sites

Thank you ericsbrother,

 

Yes that is possibly the cases were both statute barred

‐ am I able to confirm that in anyway?

 

Unfortunately I had a few issues (mental health) that I just closed the doors and curtains and let it all rain down,

of course kicking myself now but at the time none of it really mattered.

 

I understand it may be frowned upon (my ignorance) but legally if it is

1. Statute barred or

2. That the DCAs, having bought the debt, may not have proof of debt ‐ could that be reason to review?

 

I am not on benefits but quite happy to pursue.

Could you say how I would go about this process?

Share this post


Link to post
Share on other sites

Thanks dx100uk, no the mortgage and the debts are solely in my name. But the COs are one for a RESTRICTION and one for an AGREED NOTICE.

Share this post


Link to post
Share on other sites

you can send Halifax an sar to get all the statements from the A/C you might have paid these debts from.

 

if you can prove they were Sb'd then probably a set aside will be guaranteed on each


..

Share this post


Link to post
Share on other sites

Thanks dx100uk, I will get the SAR sent out to Halifax, would it also be the same to Northern Rock (who I believe were taken over by Santander)?

Share this post


Link to post
Share on other sites

Cool. Thank you for your help dx, I will update this thread with any responses/outcomes.

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...