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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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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.

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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..

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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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.

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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..

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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 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..

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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