Jump to content


  • Tweets

  • Posts

    • I'm not sure we were on standard tariffs - I've uploaded as many proofs as I can for the ombudsman - ovo called last night uping the compensation to 100 from 50 pounds for the slip in customer service however they won't acknowledge the the problem them not acknowledging a fault has caused nor are they willing to remedy anything as they won't accept the meter or formula was wrong.   I'd appreciate more details on the economy 7 approach and I'll update the ombudsman with any information you can share. 
    • To re-iterate and highlight my urgent question on this one: The N24 from the court did not include any instructions to submit paperwork 28 days before the date, unlike the N157 received for other smaller claims. Do I have to submit a WS for this court date? Link has!...
    • No, reading the guidance online it says to wait for a letter from the court. Should I wait or submit the directions? BTW, I assume that the directions are a longer version of the particular of claim accompanied by evidence, correct?
    • Thanks for opening, it's been another rough year for my family and I've procastinated a little.. Due to the age of my defaults on this and other accounts (circa 2021), I really need to avoid a CCJ as that will be another 6 years of credit issues. Mediation failed as I played the 'not enough info to make a decision' however during the call for some reason they did offer settlement at 80%, I refused. this has been allocated to small claims track, court date is June 3 and I've received their WS. I'm starting on my WS. They do appear to have provided everything required of them (even if docs could be reconstructions). Not really sure what my argument is anymore but I do want to attend court and see this through. Should a judgement be made against me then I will clear the balance within 30 days and have the CCJ removed - this is still possible isn't it? I'm going to be reading up today and tomorrow and hope you can provide me some guidance in the meantime. Wonder what your advice would be given the documents they have provided? I am now in a position to clear the debt either by lump sum or a few large installments - Is this something i should look into at this late stage? Thanks as always in advance
    • I have now received my SAR. It includes a great deal of information! Is there a time limit on how long account information is kept and/or can be provided to debtors? I have received many account statements which were not previously sent to me. I remember that the creditor should provide explanations of any acronyms and abbreviations that maybe used in the documents. Is this still the case? Also what, if any, are the regulations in regard to adding fees to a debt? Can fees be added to a debt after the court has approved a charge on a property. Perhaps due to the numerous owners of the debt, many payments I made were not properly recorded on the account, some were entered over a year after the payment was made! Following the Legal Charge, I paid every month until my payments were refused. I am trying to compute the over payments, but the addition of fees etc. is confusing me. Any comments and/or help would be appreciated.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Interim Charing Order Remortgage?


HelenDog
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 1393 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

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.

 

 

Link to post
Share on other sites

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

Link to post
Share on other sites

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..

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... 

Link to post
Share on other sites

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

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 OTHER

 

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

Link to post
Share on other sites

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”

  • Thanks 1
Link to post
Share on other sites

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!!

Link to post
Share on other sites

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?


 

 

Link to post
Share on other sites

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..

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... 

Link to post
Share on other sites

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? 

Link to post
Share on other sites

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..

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... 

Link to post
Share on other sites

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

Link to post
Share on other sites

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..

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... 

Link to post
Share on other sites

Who do you think you paid it off too?

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... 

Link to post
Share on other sites

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..

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... 

Link to post
Share on other sites

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.

 

Link to post
Share on other sites

mortimer are solicitors

solicitors dont buy debts.

 

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... 

Link to post
Share on other sites

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? 

 

 

 

Link to post
Share on other sites

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..

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... 

Link to post
Share on other sites

where have we said too?

 

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... 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...