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    • I did call student loans and they don't have any record of anything and no details were coming up with the old Student Loans reference number. They were the ones who told me that the loan would have been taken over by Erudia and asked me to call them instead.
    • yes when you get your N180 from the court. on the sols copy omit phone/sig/email.
    • you dont need a copy of the letter. just proof. it might pay you to sar SLC as if they had your correct address on record before loan sales to erudio , that will add another very strong string to your bow toward setting aside this backdoor CCJ and the arrows you'll fire at Arrows (Erudio are arrows DCA in sheeps clothing)   you also might like many others find that you still have access to the online SLC portal. that could be useful with info. like deferral dates etc and address and what they knew and when.   at present you are in the info gathering stage, the more of that you can get the better.
    • IMHO i would never have a DD setup for any consumer credit debt. they are not a priority, like mortgage/rent/CTAX/Gas/Electric.   this gives you a bit more work to do, but it ensures there is always money for the priority things that can threaten the roof over your head or it's the necessary home utils needed with one.   it's also worthy to note that somethings that are unconscious priorities (though NOT!) like mobiles/phone/digital tv and broadband etc DD's often contribute to the real priorities not being paid. careful management of those needs to be exercised, like moving their payment dates to after the priorities are deal with in your calendar, or vice versa move the priorities to before those come out.   it is stunningly amazing how many families fall into priority bill debts by blindly pay these 'mentally essential luxury gadget' bills and are in total ignorance of the effect they have upon their available funds as 'they can't live without them'.
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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
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

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Would anyone be able to offer some advice please.

 

I have an Interim Charging order placed on my property by means of a restriction from Bank of Scotland - it relates to a Halifax CC going back to 2004.The order was placed in 2008. they have never chased the debt in all these years.

 

My ex partner is now looking at declaring bankruptcy so I desperately need to get him off my mortgage.My current mortgage lender is no longer offering refinance. So I have had a mortgage accepted with nationwide in my own name BUT i have to get the charging order removed.

 

I have contacted Halifax and am being passed from dept to dept (as the debt is so old nobody can tell me anything) after around 3 hours on Friday I finally spoke to someone who located my account, they inform me they have sold the debt to Link Financial, I am yet to hear from Link.

 

Land Reg tell me only the interested party (Bank of Scotland) can get the order removed so my worry is even if i pay link I could still be stuck with the CO- any advice would be so greatly appreciated

I am desperate as my ex left me over 12 years ago and I have kept the mortgage going in my own right I don't want to risk losing it because of his bankruptcy.

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Hi and Welcome to CAG

 

If we could clarify a few points first ......why have you posted this in the MBNA Forum ?

 

RBS are not Connected to Halifax..do you mean Bank of Scotland. ?

 

Andy

We could do with some help from you.

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so nothing to do with HBOS.

 

who's name is on the registry entry, sounds like a restriction k too, so no-one needs paying?

 

moved to legals

 

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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Nothing to do with RBOS

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

 

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

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Sorry new to all this so apologies if wrong forum. Yes bank of Scotland have placed restriction. I have to pay to get it removed but BOS have sold to link. But link are not on the CO So I’m scared that if I pay I still won’t be able to get it removed 

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if the mortgage and the home were/are owned in joint names and this debt is a restriction k only in your name, i'm wondering whom is actually insisting it must be settled for a remortage with a differing lender?

 

 

..

 

..

 

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

Only unsecured debts are included and written off in Bankruptcy. A Charging Order turns an unsecured debt into a secured debt and as such once one has been issued the associated debt cannot be included in bankruptcy.

 

I would leave it as is..no need to remortgage

 

Andy

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

 

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

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Would anyone be able to offer some advice please.

 

I have an Interim Charging order placed on my property by means of a restriction from Bank of Scotland - it relates to a  Halifax CC going back to 2004.The order was placed in 2008. they have never chased the debt in all these years.

 

My ex partner is now looking at declaring bankruptcy so I desperately need to get him off my  mortgage.My current  mortgage lender is no longer offering refinance. So I have had a mortgage accepted with nationwide in my own name BUT i have to get the charging order removed.

 

I have contacted  Halifax and am being passed from dept to dept (as the debt is so old nobody can tell me anything) after around 3 hours on Friday I finally spoke to someone who located my account, they inform me they have sold the debt to Link Financial, I am yet to hear from Link.

 

Land Reg tell me only the interested party (Bank of Scotland) can get the order removed so my worry is even if i pay link I could still be stuck with the CO- any advice would be so greatly appreciated

I am desperate as my ex left me over 12 years ago and I have kept the  mortgage going in my own right I don't want to risk losing it because of his  bankruptcy.

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why have you started a new thread

you already have the answers above

 

threads merged

 

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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