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    • So I make a post and ask you some questions and you then go in and make a response which deals with something completely different and which ignores the questions which I have asked completely. I do see how we can move forward on that basis
    • Thank you. First of all, this is not chronology so we don't have any sense of the timeline. It's still rather complicated – but maybe when you produce a chronology it will come more into focus. However, there are a few things that we can start to tease out. You say that you accepted £250 in an offer which was intended to reflect distress. Although you say that you accepted this offer mistakenly, it may well be that you have no further rights on this issue because of course it would have been up to you to understand the situation properly before accepting any kind of financial offer. However, it would be useful to understand the reach of this offer and so please could you post up the offer letter by uploading it in PDF format. You say that "high-volume messaging" is not explicitly covered in the terms and conditions – but there may be references to "fair use policy" and it may be an interpretive problem rather than looking for words which specifically match your situation. So it will be helpful to know what words Vodafone were relying upon and also what was the extent of your high-volume messaging. Did they give you any warnings. You say that they referred to terms and conditions which you did not sign. However, it isn't necessary to sign terms and conditions. We would have to understand more about the context – but generally speaking if there is an agreement which refers to terms and conditions from the outset and you then embark upon the agreement and use the services, then all the signs would be that you've accepted the conditions of use. Signed written terms and conditions are generally speaking only required in contracts for property or copyright or shares. You say that the contract was put in your sole name despite the fact that the company name was on the agreement. We don't have a chronology so we don't see how long this went on for and you don't explain why you didn't raise any objections to this – or maybe you did? You say that you have sent Vodafone and Lowell an SAR but "so far" you are waiting for a response. This suggests that you sent the SAR some time ago – but you haven't told us anything about when this might have happened. You are referring to obligations under the Consumer Rights Act but I'm afraid that these obligations refer to contracts between a trader and a consumer – and you are not trading as a consumer so these probably wouldn't apply to you. Finally, you are worried about expressing a claim in legal language. If you begin a small claim then you certainly don't need any legal language – and in fact that kind of approach simply gets in the way. Also, it seems to me that you are gearing up to bring a court claim – which is fine, in my book – but you haven't identified your cause or causes of action and you don't have a plan. I think we need to slow down and have a more careful and methodical look at the situation. Otherwise you're simply going to find yourself in trouble
    • Late to this, sorry - my wife claims contributory ESA and got her P60 about two weeks ago. Now I know she's overpaid on her tax and I'm just waiting for HMRC (the department I currently work for) to figure it out. They owe her about £150.
    • World Bank President David Malpass says billions of people will have their livelihoods affected. View the full article
    • World Bank President David Malpass says billions of people will have their livelihoods affected. View the full article
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Sarlg24

Charging order

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I had an old credit card which was sold onto a debt collector and they got a CCJ on me 1 month before the debt was statute barred.

I went to court to fight as didn't have no paperwork etc but they won and also got a CCJ

The CCJ was being paid with an attachment of earnings order but due to Ill health I am no longer able to work so all payments stopped over 2.5 years ago.

The DCA never chased at all for the payments after I advised the court I was no longer working.

The CCJ will drop off my credit file in November this year.

The question is now that the original DCA have sold on my debt.

The interim charging order on the house is still in the old DCA name.

I have not acknowledged the new DCA at all.

I want to know how it works now as I'd like to remortgage as the house and Charging order is solely in my name

I dont want to sell olmy home just remortgage without borrowing any more money.

If the charging order is in the old DCA name surely I wont owe them anything if they have now sold the debt and is there a way of getting this removed?

Any help would be appreciated as I'm on an interest only mortgage with now backup to cover the mortgage shortfall.

Thanks for your help

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Thread moved to Financial Legal Issues Forum...please continue to post here to your thread.

Regards

Andy


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Thank you

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The charge on your home remains until paid/settled with the DCA...its irrelevant the name on the deeds is in the old Judgment Claimant name it can be updated quite easily should the new owner of the Judgment wish to execute further.

Andy


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It shouldn't affect a remortgage 


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

 

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old DCA name [who has the charge]

new dca name please

I though if the home was solely owned like the debt - then a remortgage had to pay it off?


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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True DX but if you remortgage with the same original lender the restriction can be dispensed with....but reading again below

"I want to know how it works now as I'd like to remortgage as the house and Charging order is solely in my name

I dont want to sell my home just remortgage without borrowing any more money."

So there are variants until the OP confirms the above


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 The National Consumer Service

 

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yes puzzling..hope the OP is not remortgaging to pay off other debts they might not even owe....?


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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 Hillsden was the original dca who obtained ccj and co, the new dca mcs.  they sent a letter last may 2018 and I've not heard a peep since. This is what the letter said

We enclose notice of change of solicitor

The previous owner of this debt, dlc, has assigned your account to our client MEII Ltd.

We have been told that DLC previously issued court proceedings for recovery of the outstanding balance.  Our client has now asked us to deal with this matter. This means we need to send you the attached notice telling you that we are instructed.

This notice has also been sent to the court

There is no actioned needed from you.

That's all the letter said.

Only remortgaging as on interest only at the moment and need to have a repayment mortgage as I have no endowment or any other policy running along side the interest only mortgage.

I have no other debts apart from this CCJ.

Thank you for your help

The debt was an old credit card.

After the CCj and charging order was given by the DCA

Last year I wrote to Lloyd's and TSB as the credit card was a Lloyd's/ TSB when they where one company, and I successfully claimed over 1000 back in PPI, surely if they had sold the debt they would not of let me do that!!

Letter in 2016 from Dlc stating Hillsden had sold my account to MEIII, then a letter in

Letter in October 2017 fro. DlC with client reference MEIII Asking to agree a payment plan or they will take me to court for attachment of earnings, which was already in place before I stopped working.

Letter in may 2018 from Cabot saying my account is moving to Mortimer Clarke who us now taking over my account.

Letter in July 2018 from Mortimer Clarke saying Lloyd's TSB obtained the ccj, but its wasnt Lloyd's it was Hillsden securities who did.  Then the letter goes on on how to repay etc.

Letter end July 2018 from Mortimer Clarke asking me to pay my outstanding balance with Lloyd's tab and to arrange a payment plan.  If I dont contact them in 14 days they may do enforcement action of a charging order or and attachment of earnings and asked me to fill in an income and expenditure, I ignored this, and that's the last I've heard from them.

I'm beginning to wonder now I'd hillsden/DLC really owned the debt from Lloyd's and the new owner of the debt keepnrefering to buying the debt from Lloyds

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Let clear things up so its clearer for you.

All those mentioned are part of the cabot group..its not been sold again or passed around anywhere

Hillesden Securities Limited trading as dlc is an Appointed Representative of Cabot Credit Management Group Limited which is authorised and regulated by the Financial Conduct Authority with firm reference number 677910. - just another trading name of cabot.

 


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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