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    • i point you to two threads whereby you'll see an explanation by andy (post 22 here) https://www.consumeractiongroup.co.uk/topic/410486-lowell-interim-charging-order-from-credit-card-debt-2009/?tab=comments#comment-4912902   and   https://www.consumeractiongroup.co.uk/topic/406428-remortgage-issue/   if yours says:    written notice of the disposition was given to XX Council ( - disposition = sold vis: disposed of) ..... notice means letter telling them it's been sold -    doesn't say it must be paid or settled BEFORE disposition..   that's the way i read it.          
    • dx100uk   You are absolutely correct. That's exactly what the wording is! And if that's the case then - happy days for me! However, I thought that:   1. This wording meant the conveyancing solicitor had to tell the council that the house was about to be sold so they were aware!   But you are saying that the council only needs to be informed AFTER the house has been sold? Can I tell the council that? [I think I've seen something on the internet that says I can, rather than the CS] Or do I need the conveyancing solicitor to contact the council?   2. That this wording wasn't a restriction K [as I'd looked at Schedule 4 of the Standard Forms of Restriction] and tried to match my wording to those listed - and thought restriction K was the closest.     3. That this was a non-standard restriction [and that's what the Land Registry told me too and that the restriction was not a Restriction K!!! [see extract below]   Please remember that when applying for a restriction not in standard form:   it must always contain the words ‘is to be completed by  registration’ rather than ‘is to be registered’. This will serve to make the effect of the restriction clear. The term ‘registered’, where used in any of the standard form restrictions, means the completion of a registrable disposition by complying with the relevant registration requirements prescribed in Schedule 2 to the Land Registration Act 2002 (rule 91(3) of the Land Registration Rules 2003), but this statutory definition only applies to standard form restrictions. Please note that we will not accept restrictions not in standard form for registration that contain the words ‘is to be registered’   So I'm confused now. IF it is a restriction K - then the conveyancing solicitor doesn't have to do anything and I can let the council know.   It seems it is dependent on the wording 'completed by registration' and 'is to be registered'???   Below is copied from Martin's MSE.   This relies again on the 'is to be registered' whereas my wording is ' completed by registration' which you say is restriction K and LR says is not.   I need to go to sleep now!   Thanks dx.   Extract from MSE below.   If your property is jointly owned a creditor will not be able to obtain a CO against you, they can only get what is called a restriction. The laws on Restrictions are totally different to Orders, the most important being there is NO OBLIGATION for you to pay any of the proceeds of the sale to the creditor. However, during the whole court process you go through the reference from all parties (especially the creditor) will be to charging order and NOT to restriction. This is done in order to deceive you believing you are stuck with a CO. However, not all solicitors are aware of the law in this regard and it is important that you raise this point with them in the first instance before proceeding with them Quote: Restriction The restriction which can be entered on the register where a charging order is made against one of joint proprietors is in the following form :- No disposition of the registered estate is to be registered without a certificate signed by the applicant for registration or his conveyancer that written notice of the disposition was given to [name of person with the benefit of the charging order] at [address for service], being the person with the benefit of /I]an interim[I/I]a final[I charging order on the beneficial interest of (name of judgment debtor) made by the (name of court) on (date) (Court reference.…).        
    • Hi Tony,   Please ensure YF does NOT acknowledge any debt  when confirming their new address.   They should simply state, " Please note my new address, as shown above."   Do not say anything about "a debt owed", or "the money you are chasing."   Do nothing that resets the SB Clock - ie acknowledging the debt and causing probs for the next 6 years. 
    • you ring you bank    
    • i suspect the charge on the Land registry site against the house reads:   2. (XX.XX.2007) RESTRICTION: No disposition of the registered estate is to be completed by registration without a certificate signed by the applicant or his conveyancer that written notice of the disposition was given to XX Council at P.O. Box XX, STREET, TOWN, POSTCODE, being the person with the benefit of a Charge under Section 22 of the Health and Social Services and Social Security Adjudications Act 1983.   ..............   that is a restriction k and is useless to the council, as all 'legally' your have to do is inform them AFTER the house has been sold . then it's too late money has gone.   dx
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notodebt

General advice on SB debts

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No CCJ from them .. checked all my credit files. This debt not even listed 

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you could always wind them up and ask for the CCJ judgement claim number they are intimating exists..


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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Oh Dx that is brilliant..I may just do that 

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and the address..


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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Yes you still get a notice of recording a default from your bank. 28 days usually although not required by statute

 

section 98 Is a no default termination notice with which the creditor can terminate the agreement at any time, although not demand immediate repayment, on open-ended credit

 

76 on fixed sum.


DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Was getting slightly worried as not had any correspondence for a few days. Anyway this turned up in my inbox :

 

 

Quote

 

We, TM Legal Services Limited ("TMLS"), are recovering the outstanding balance which is in relation to a County Court Judgment. 

 

The Attachment of Earnings has recently been adjourned with liberty to restore, as they are awaiting to confirm your current employment status.

 

We may look to pass your account to ASpecialist Tracing Agency.

 

A Specialist Tracing Agency have secured information that can be provided to TM Legal Services in order to contact you regarding the Judgment. They have access to extensive databases and may provide us with your up to date employment details to continue with the Attachment of Earnings.

 

All Tracing Agents that are used are accredited by professional associations, their work is both ethical and legal.

 

 

 

 

They must be soft in the head !  Surely if I had broken the CCJ agreement they would have gone straight back to court..??

Quick question are they breaking financial guidelines with these emails/letter falsely claiming a CCJ ?

 

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Another one in today..

Just to confirm TML cannot start adding details on my credit file? They would have had to do that from the default date?

 

We TM Legal Services are about to report the default status of your account(s) to the Credit References Agencies (CRA’s) and plan to start this within the next 30-60 days. The purpose of this communication is to let you know in advance so that you know what this means and to give you some time to take action should you want to.

 

How Can I Prevent This? 

If you clear the balance on your account(s) within the next 30 days, we will not register your account(s) with the CRA.

If you’re unable to clear the balance in full, we are open to considering all reasonable offers of settlement. Please contact the office to discuss this.

If you settle your account, in part or full, after the default has been registered at the CRA’s, the default will remain visible on your credit file for the next the six years. However, the default will reflect that you have settled your account.
 

What does this mean?

We will provide the CRAs with information on any defaults and settlements with regards to your account(s) with us.

 

Please note, having a default on your credit file at the CRA’s is likely to affect your ability to obtain credit, such as a loan, mortgage or mobile phone contract, until the six years from the original default date has passed. Once this time is up, the default will no longer show on your credit file.

 

If you are unable to repay the full outstanding balance or make us a reasonable settlement offer, please call us to discuss and agree on another amicable solution.

 

A payment arrangement will not prevent the default from being registered. If your account is being managed by a Debt Management Company or insolvency practitioner a flag will be registered alongside the default to identify this.

 

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once a debt is defaulted [or 'whatever' - to stop pages of irrelevant drivel appearing here that equates to the original creditor registering a defaulted date in the debts summary ] 

 

that start a 6 yrs clock, on the defaults 6th birthday, the whole account vanishes never to return..but that is NOT the SB clock.

 


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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You could send them a SAR to demand to see their copy of the CCJ and the correctly filled and court stamped attachment of earnings order as part of the data they hold on you but not exclusively just that.

 

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13 hours ago, dx100uk said:

once a debt is defaulted [or 'whatever' - to stop pages of irrelevant drivel appearing here that equates to the original creditor registering a defaulted date in the debts summary ] 

 

that start a 6 yrs clock, on the defaults 6th birthday, the whole account vanishes, not from the default date never to return..but that is NOT the SB clock.

 

Sorry DX .(and a bit rude, isn't it?)

 

The SB MARKER is deleted, after 6 six years. That is,  six years after it had been placed.

 

Not from the default date of the account(issuance of 87 notice. As said. the section 87 default notice is not the same as the CRA notification. 

 In other words the marker must not remain on the CRA file for over 6 years since placement.

 

This is important, not drivel. As the Marker may appear well before the default date for enforcement.

 

 

 

 


DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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If you clear the balance on your account(s) within the next 30 days, we will not register your account(s) with the CRA.

 

 

The above sounds like blackmail to me.....wonder what the ICO take on that would be ?....if it s legit it would be registered anyway or since fallen away after 6 years.


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Thanks so far..did a little digging and lucky I have kept email correspondence with these clowns from an old email account

.

Date loan taken out - 24th July 2013 

 

Default notice - This notice is given in compliance with the Consumer Credit Act 1974 because you have defaulted on your payments under the Terms & Conditions.

This Notice does not take account of default sums we have already told you about in another default sums notice, whether or not those sums remain unpaid.

Date Payable

31/01/2014

Nature of Default

Day 1 Arrears

Default Sum

£12.00

Total Default Sums Due

£12.00

 

** So in theory this is the default date that the 6 year marker is against? Is that correct?
 

 

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so not a default notice under section 87 but merely a NOSIA.

 

 


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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Correct!  Located another email, an actual Notice of default dated 13/5/2014 , this looks like the official one.

It has the line - To remedy the breach you must pay us a total of £935.68 before 27/05/2014.

 

So the official default is 13th May which of course is fast approaching the 6 year mark this year...

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So the official default is 13th May which of course is fast approaching the 6 year mark this year...

 

No the official is 27th May


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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Cheers Andy...so no point in a SAR. Think I will keep quiet and just keep deleting the emails...

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22 hours ago, Andyorch said:

If you clear the balance on your account(s) within the next 30 days, we will not register your account(s) with the CRA.

 

The above sounds like blackmail to me.....wonder what the ICO take on that would be ?....if it s legit it would be registered anyway or since fallen away after 6 years.

No no. It is just a statement which confirms the default will be recorded, if the account is still in default.

Nothing  sinister. Although these notifications are not statutory, they are approved. Introduced originally buy the banking act many years ago.


DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Its already been registered on the CRAs ...read post#39


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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Makes no difference, suppose you could claim fraud, but not to any effect.

Anyway could we stay on topic.


DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Anyway could we stay on topic.

 

 

:classic_ohmy:  You crack me up Peter......


We could do with some help from you.

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 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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To be honest the emails are more a daily nuisance certainly not worth worrying over , just worth keeping an eye on to see what they are up to. 

As mentioned I tried years ago to communicate and then sacked it off after their rude and stubborn attitude.

I have checked all three CRA's and unable to see this entry...

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So its not been registered with the CRAs...but you have had a Default Notice dated 13/5/2014...just goes to endorse and  reiterate my post #36

 

" If you clear the balance on your account(s) within the next 30 days, we will not register your account(s) with the CRA "


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 thread please PM me a link to your thread

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Agreed Andy .. so even if they do register now  it will still disappear just after the 27th May? 

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Is this debt still with the OC


We could do with some help from you.

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 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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

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Yes...it was originally 1st Stop finance , then moved over to TMLS...who I believe are the same company, only TMLS are the debt recovery/legal side. All based in Blackpool

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