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    • Hi all,   I had an Lloyds bank overdraft in 2019 with the overdraft amount being £1350 maxed out by December 2019. I had left the account alone for two/three months as the overdraft fees were basically ruining me(Adding to the £1350 overdraft), i then received a letter from Lloyds asking me to phone them regarding this debt (This was January 2020). I had phoned Lloyds and we went through an expenditure on the phone and the outcome was i was to make payment of £30 towards the debt for 6 months and then after the 6 months is up they would get in touch with me to discuss further options. (There was mention in January that after the 6 months there was a possibility of a loan to pay of the remaining balance and then you make payments against the loan for however many years/months you choose.) It is worth noting that whilst i was making these payments they seized all interest on my account.    I have made every payment since January and have gradually managed to reduce my overdraft down to £1200. My problem is that the bank have phoned as it now at that stage for re-discussion, they have asked me to go through another expenditure and i panicked and over estimated things to make it look like i had less income; not loads but i was in a deficit of -£47. Due to this they said they could not allow me to take out a loan as it would only mean i was borrowing more to pay of debt which they would not allow. It then got passed over to another team and he said that i only had two options. Take a one month break with all interest etc stopped and this will allow me to seek financial advice elsewhere, or they said they would default the payment and i can then pay the minimum i can afford but the default would stay on my credit file for 6 years. He mentioned that they wouldn't take any money of me to help clear the debt as i had a deficit of -£47 and that shows i financially cannot afford to do that option. I have looked at the effects a default can make to your credit file and it impacts it tremendously.   Lloyds asked me how i cover my expenses every month and i mentioned that my Grandparents help me out sometimes with cash flow. So the gentleman at Lloyd's suggested going away and asking my grandparents if they could contribute money to me to help aid in my debt. so that he could go back to the original team(I think collections team) and say she now has this ____ He is due to phone me on Thursday (Tomorrow). I can afford to contribute probably £50-£80 a month but it would mean cutting down on fuel and some other expenses.   Its worth noting that i have a credit card with Nationwide maxed to £1000 too and this will soon be at the stage where they charge interest and i cannot afford to clear this either. Is this worth writing to them about?   Is there anyone that can advise me on what to do to help me pay as little as i can and avoid the default PLEASE, any help is really REALLY appreciated.   Thank you all in advance.
    • In terms of whether or not this is a private sale, clearly it will be for a judge to decide. It seems to me that we have somebody here who bred a litter of puppies and has sold several of them or all of them at probably around £1200 each. I think that is very different from selling your own private second-hand car to get what you can for it in order, for instance, to buy another one. Anyway it's for the judge to decide. In terms of whether or not the seller is aware of the defects – if they are a private seller – all it really means is that they are not subject to sale of goods legislation so that a purchaser in a private sale does not have specific protections. After that you have to fall back onto the common law of contract and once again I think that the liabilities are reasonably strict and I still think that even in a private sale if you bought something with defects which was represented to you as being without defects then you would probably have a good case. In this case, the dog has been accompanied by a health certificate and I think that is as good as any kind of representation dog is without defects. I think we are coming to an altogether more interesting issue. Apparently the dental defect with this puppy is observable and could have been detected by any reasonably careful examination carried out by a reasonable professional. But apparently also there is the possibility that there may be a more complicated problem which could be addressed by work costing up to £2000. What I'd like to know is whether this more complicated problem is as a result of the failure to spot the initial problem. Even if the initial problem had been spotted, with this still be a possibility that this more complicated work would be necessary? I suppose what I'm getting to his that at what point does one decide that a defect is an unacceptable defect or simply a risk that comes with purchasing all animals and therefore could still be considered as "satisfactory" because it would meet the reasonable expectations of any reasonable pet owner. To put it bluntly: are we saying here that if you buy an animal is less than genetically perfect, that you are purchasing defective goods and you are entitled to a refund? Does this mean that all animal traders are obliged to ensure that all the animals they sell are genetically perfect? This is dangerous territory: eugenics.  
    • a dn can be issued even on one default payment.
    • I think I still remain to be convinced that a court would not find the seller's offer to take the puppy back and give the OP a full refund both reasonable and acceptable.   Ignoring that this is the sale of a puppy, isn't this more akin to the private sale of a second-hand car?   I don't really know what the phrase:  "I recently bought a puppy from a home breeder. They have never breed dogs before and aren't a licensed business" means.  Is this a business to consumer sale, or is it simply the opportunistic private sale of puppies from a domestic litter?  I think the OP needs to establish this because it's not clear to me - yet.   AIUI, if I as a private individual privately sold, say,  a car with umpteen non-apparent faults or defects with it, but I was honestly unaware of them and could not be expected to be aware of them, then I'm not liable for any breach of contract when those faults and defects manifest themselves to the buyer a week later.  Isn't that what worried private sellers of cars are told here when aggrieved purchasers threaten to sue them?  It's not immediately obvious to me why this is necessarily any different - unless this is clearly a business to consumer sale.   The OP also says:  "Our puppy was sold as having passed a full health check from Vets4Pets", and so far as I can see this isn't disputed.  Unless that health check revealed the dental problem the OP is now complaining about, but the OP never was shown it (seems unlikely that the seller would mention it but not make the results available), then I think the seller may well be entitled to rely on it.  What more could they do to ascertain the health of the puppy?   I think this is not necessarily a clear-cut claim, and from the way the OP describes the breeder I think the question whether this is a consumer sale or a private sale may not have a black or white answer.     1.  The OP mentions following advice to buy puppies bred from a "home pet" (or similar such wording).  Not clear if this was the case here, but if it was, doesn't this suggest a private rather than consumer or trade sale?   2.  The OP also suggests that the health of the puppy was misrepresented, but is this necessarily correct?  They say the puppy was advertised as having had a "full health check", but that's not the same as saying the puppy was actually healthy.  And if it was a private sale, is the seller required to declare health problems they are aware of if they aren't specifically asked?
    • Ok,    I thought it may of helped as their DN stated 2 installments in arrears when it was issued on 10/2/17, but it would infact only have been 1 installment overdue 17/01/17.   I will keep to what I already know and stop over thinking further issues. 😁    
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HelenDog

Interim Charing Order Remortgage?

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Hi All,

 

I have dipped in and out of this forum over the years and have nearly always found the information I require without posting.

Either clearing or wiped a lot of my debt thanks to the very knowledgeable people who contribute.

Thank you.

 

I am now in a position to remortgage and discovered x2 restrictions on the land registry.

These are for old CCJs that I have not settled.

 

One I pay 6.83 a month and never miss a payment.

The other one, Northern Rock I knew nothing about and have never paid anything!

 

After scanning the forum and checking the wording I understand these restrictions are for these vultures to be notified and not full charging orders due to being a jointly owned home and debt in my sole name.

 

  1. RESTRICTION: No disposition of the registered estate, other than a disposition by the proprietor of any registered charge registered before the entry of this restriction, is to be registered without a certificate signed by the applicant for registration or their conveyancer that written notice of the disposition was given to (name) being the person with the benefit of an interim charging order on the beneficial interest of (name)made by the Gateshead County Court on....

 

I am keen to not pay these, but would like to know what would happen:

 

- Can creditors start chasing again once they are notified? if so what can they do?

- Are they removed once notification has been given? 

- Can conveyancer or mortgage company insist they paid?

 

 Thank you in advance for helping me to regain control on my finances.

 

 

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CC J's cannot be acted upon if they have not been followed up within six years - unless a special application is made to the court.

If they are older than six years – then in respect of the Northern Rock one, they would need to apply to the court to enforce it.

In respect of the one against which you have been paying instalments, that is still live


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That you for your response.

 

Well Northern Rock is dated 2008 so can I apply to have  have the restriction removed? 

 

Can Reston's go back to court and apply for Full and final settlement or can I continue to pay monthly and they won't be able to amend amount?  

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as you are remortgaging, even though these are only restriction K's, (joint property, not joint debts) they will still sadly have to be paid as far as i remember things with a restriction k.?

 

the bonus is you'll not long have to pay restons as paying the charges will also settle the CCJ's.


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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Topic moved to General Legal Issues Forum.

 

Quote

Well Northern Rock is dated 2008 so can I apply to have  have the restriction removed?  No 

 

Can Reston's go back to court and apply for Full and final settlement or can I continue to pay monthly and they won't be able to amend amount?  Apply for a re determination I think you mean ...possible but doubt they would...just continue to make your set payment

 

If you re mortgage with the same company as your existing mortgage...the restrictions should be irrelevant.

 

Andy


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5 hours ago, BankFodder said:

CC J's cannot be acted upon if they have not been followed up within six years - unless a special application is made to the court.

If they are older than six years – then in respect of the Northern Rock one, they would need to apply to the court to enforce it.

In respect of the one against which you have been paying instalments, that is still live

 

If the court has granted a charging order, then no permission to enforce is required.

 

Disadvantage to the judgement creditor is they have to wait for their money.

 

advantage (to the judgment creditor) is that (absent a crafty solicitor for the vendor) it puts off many purchasers solicitors, so when the property is to be sold the seller ends up settling or giving an undertaking to pay, and at that stage no court permission / involvement is needed.
 

it is nothing to do with “permission to enforce, after 6 years”

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1 hour ago, Andyorch said:

 

 

 

If you re mortgage with the same company as your existing mortgage...the restrictions should be irrelevant.

 

Andy


Absolutely, if the existing mortgage predates the charging order.

 

”RESTRICTION: No disposition of the registered estate, other than a disposition by the proprietor of any registered charge registered before the entry of this restriction, is to be registered without .....”

 

If remortgage by same mortgage company whose mortgage predates the charge then is “by the proprietor of any registered charge registered before the entry of this restriction”. Worth checking with the mortgage company though : they might take a risk-averse approach!!

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Some interesting points thank you.

 

Remortgage with same lender - dont pay restrictions

 

Remortgage, but raise equity with same lender ?? Would I need to pay restrictions ?? 

 

If I swap lender -  I must pay restrictions?


Little confused by crafty solicitor comment ??  I take it there is a way, but people are reluctant to do it??
 

 

To be clear I have paid thousands £££ back and now find myself in a really good place, but Restons were the only company to play hard like this and quite frankly I would like nothing more than to  not pay them. 

 

I cannot find any details as to whom the Northern debt is owned by. i guess NRAM. If I made a full and final offer before remortgage  would this be to my benefit or can they still chase for CCJ amount?


 

 

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the offers should be linked to removal the restrictions as well.

 

why did you not come here for help on these CCJ's that resulted in the CO's??


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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Dx100uk I only found this forum serval years after the CCJ. You have help me on previous occasions with sound advise and Im sure I could of fought them at the time. knowledge is power etc...

 

Many thanks for all the replies. 

 

I will see if I can offer a full and final settlement. Unsure if they will go for it? 

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details on the debts might be useful .

what was the restons debt and you never contested the CCJ nor the CO?

 

as for NRAM, is this the unsecured loan from when you had a 100% mortgage with them?

they used to give 99% mortgages out with on the back of crisp packets even if you couldn't afford them , and used the unsecured loan under the CCA to make up the shortfall to 100%


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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Morning,

 

I have checked through all my old paperwork. I appear to have paid/cleared the Northern Rock Debt in full serval years ago. It was a CCJ, but I have no paperwork, correspondence or knowledge  an inter charging order was ever applied for?.

 

The debt, unsecured (yeah, right !) loan £3800 was assigned to NRAM. The CCJ & charging order were raised by Waller Solicitors. This was then passed to Mortimer & Clark. How do I get this charge removed as It seems Waller Solicitors do not exist anymore.

 

dx100uk I have never had a Northern Rock Mortgage.

The Reston's debt was a HSBC CC

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who name is against the nram restriction k on your deeds nram?


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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Hi,

 

On the Interim charge is lists Northern Rock Plc c/o Wallers Solicitors 

 

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Who do you think you paid it off too?


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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I paid Mortimer & Clark

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urm..how did they get involved from NRAM and wallers, did nram sell the debt to cabot then?

 


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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Im working with limited paper work, but yes it looks like the debt was sold onto Mortimer & Clarke. Quick Google it seems they purchased a lot of old NRAM loans around the same time. Strange with a CCJ assigned, maybe it was missed. 

 

What do you think would be best course of action:

 

- Contact NRAM? Chase up and try and get resolved?

- Contact Mortimer & Clarke? I imagine they are a typical DMA!!!

- Leave for Conveyancer and see what happens. 

 

I will attempt to offer settlement to Reston's as see what's happens. Im doubtful of success.

 

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mortimer are solicitors

solicitors dont buy debts.

 

dx


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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mmm so it must of been passed to someone in between. Sorry I just don't have anymore paperwork. 

 

Should I contact the Court and see if the CCJ was ever marked settled or chase up with Mortimer & Clarke? 

 

 

 

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for mortimer to get paid it must have been sold to 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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I really don't want to start calling them !

 

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where have we said too?

 

dx

 


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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