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Old Charging Order


Thebearshouse
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Hi

 

Just a question on an old charging order - if anyone can give us some advice on it's current standing.

 

Charging order was taken out by Black Horse - back in 2011.

 

Since then the account has been sold twice - neither of the last two companies have mentioned the CO in correspondence they've sent.

 

I have recently checked with Land Registry on another unrelated matter - and it still shows as Black Horse as the company responsible for the CO..

 

Question is - now that Black Horse no longer own the account, and that the debt has been sold twice - what is the status of the charging order?

 

Second question is: if we was the sell the property - what would happen given that Black Horse no longer own the debt?

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is this a CO as a result of a CCJ?

if so 

is the home jointly owned

was the debt just in his name?
 

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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This was the result of a CCJ

 

The house is jointly owned, but the loan was in both names (at the insistence of Black Horse).

 

The house is also a shared ownership property, so we own half of it and a housing association owns the other half.

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it would not take much for the present owner of the CO to get that changed to their name.

as far as I am aware, if the property is sold, then it will need paying.

 

whos the owner now

or more correctly, whose been sending letters and what do they say?

bet DLC is in the mix...

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 Charging Order remains valid and connected to the assignee..it will require settlement if you were to sell the property.

 

Andy

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  • 2 years later...
Posted (edited)

Hi

 

I am just looking for a bit of advice and if there is anything i need to be wary of in regards to an old charging order.

 

The CO itself goes back to 2011 and has been assigned different companies along the way.

 

The current creditor, via mortimer clarke has made an offer to reduce the amount by approx. 30% if we can come to a payment arrangement. They state that they will provide us with a letter on completion of the payment plan stating that the debt has been discharged.

 

My questions are:

 

Can they be trusted and should i get more guarantees before progressing?

 

Would i be responsible for getting the charging order removed once the debt is paid off? and what costs, evidence etc. will i need for this

 

Also - is there anything i should be wary of?

 

Thanks

 

Edited by Thebearshouse
clarity
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now do you know its not a restriction k that doesn't need paying AT ALL>

and i doubt its been passed around at all i bet the CO name is part of the Cabot Group.

 

is this a joint debt

and 

is the home jointly owned

 

dx

 

 

is this the blackhorse one?

 

 

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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Posted (edited)

Hi dx

 

Yes it is a Blackhorse one.

 

It shows on land registry as a charge against the property.

 

The house is jointly owned - but the agreement was also in joint names (B/H made us put it in both names).

 

However, it is also a shared ownership property. We own half and a housing association the other half.

 

It's now owned by someone called ME III Limited.

 

Edited by Thebearshouse
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Threads merged.

 

mortimer clarke are cabots solicitors and MEIII is a trading name of cabot. so Blackhorse sold the debt to the Cabot Group.

 

so cabot own the CCJ/CO now

 

it will need paying if what andyorch advised earlier still applies, which ofcourse it does.

 

now as for paying it and getting it removed, if they have offered 30% off that means there is more to be had i bet

but you'd have to SAR blackhorse and hope they still have all the details 10yrs later.

then get out a fined toothed comb and study the statements to see why cabot are offering the discount.

 

you'd also ideally need a copy of the particulars of claim from the original claimform

now that might be a hard one as northants bulk court might not now hold them.

 

might be better to accept the offer

when the sum is paid the charge should be automatically removed by the owner.

 

 

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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Thanks

 

I may try to see if i am able to raise a decent lump sum for a one off full and final payment but at a bigger discount. After all they are a business - and they may be willing to take a lower amount now - that still gives them a profit - rather than wait till we sell the house - which we have no plans to do.

 

The 30% off is a significant chunk of cash - but will depend on repayment terms etc. Food for thought though.

 

Thanks for your input.

 

 

 

 

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rarely with a CCJ/CO involved. so if they never mention then you DON'T to them...:lol:BUT...

 

sometimes DCA's can be 'thick' and the more bargaining powers you have the greater the discount might be.

 

pers i'd try northants bulk, but you'll need the CCJ number(s) the particulars of claim on each will tell you about the debts.

and if they are CCA regulated the fact that the dca might not be able to produce one, nor statements upon how the balance is made MIGHT give you greater bargaining powers esp if they are blind to the CCJ/CO. lowells as they were the claimant might not be... but cabot, you never know

 

there's atleast one case here of <50% settlement i'm sure. though ofcourse as judgements exists , there is no compulsion for either to prove anything.

 

but IMHO worth a try esp as you are not in dire need to sort them just yet. time till then could be your advantage.

 

was there any disputes with the OC's upon the level of these debts? but ofcourse you wont remember that till you findout what the debt were....

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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