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Backdoor CCJ LC Asset 1 S a r l/Kearns - old Lloyds Mastercard debt - have IOC now going for CO - help


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ok this should be fine now.

 

I note that it states on the interim charging order in paragraph 3 that if the interim charging order has been made by a court officer.....14 days after a party is served with this order that a reconsideration request needs to be made - would this be a request to set aside?  

Redacted Kearns' letter and encls correct.pdf

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Interim Order has been obtained against your interest in the above mentioned property.

Co-owner in listed property..

 

funny how they already know it will only be a restriction k..

 

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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So in layman terms this mean that it’s going to go against my name as well?

If so, how is that possible?

 

Does this now change your previous advice that this will now affect my credit rating and cause issues for me obtaining potential credit in the future? 
 

sorry if these questions seem a bit silly or thick but I am way in over my head with all this, I’m overwhelmed and basically sorting this out on my own. 

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co's/ICO's don't show on credit files.

the CCJ, which is damaging, is already there on his credit file not yours..., have you looked?

 

all a restriction k does is possibly prevent the home being re-mortgaged with the same lender as any existing secured lending, should you ever wish to do that.

 

it doesn't stop any sale , the only requirement being the owner of a rest k must be informed by the new proprietor once the property is sold.

you need to go back to post two and get reading up as advised. 

 

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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Hi.

I am unsure why my last post was removed, I wasn't being funny, just a little busy ATM.

 

 the subsequent post revealed that there were payments made up to 2019 So SB is out the window as said.

 

As you know you will need a good arguable reason why you could be expected to win on your application, that is, for it to be considered by the court.

 

Look for

 

Was the credit card under an arrangement(reduced payments)with the original creditor before it was assigned to Link

Notice of Assignment, notice  of sums of arrears as said earlier. 

 

Have statements been maintained since, every month since the original transfer/assignment date.

Have they charged interest since termination of agreement;(withdrawal of credit facility.)

 

Did they send any earlier default notice, termination or warning about recording a default on your CF.

When was the default or missed payment first recorded on the file.

 

spell

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Cant see any post in this thread had been removed PB

 

 

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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Hi 

 

we have had one SAR letter back from The solicitors. What an eye opener that has been!

 

although we haven’t received any postal letters throughout 2020 at all from the court or from the solicitors/link/bank, the logs show there have been countless text messages and calls to his phone over the the course of the last 18 months plus emails from link unbeknown to me (but not from the bank though). 
 

clearly he cannnot deny these and has chose to bury his head in the sand and not tell me about it. You were clearly right that he hasn’t been honest with me.

 

where do we go from here? I would rather him set up a payment plan to pay it back and resolve this ASAP. I understand that the ccj will be on his record for the next 6 years and the restriction k will be on the property and there isn’t anything we can do about that is there. But what do we do next? 
 

TIA
 

 

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forget the texts and emails...irrelevant, dont lambast him too hard about doing the right thing by ignoring them.

 

as to where you go.

yours is not the next move.

other than gather/await then digest all the info.

 

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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On 11/01/2021 at 11:20, dx100uk said:

Interim Order has been obtained against your interest in the above mentioned property.

Co-owner in listed property..

 

funny how they already know it will only be a restriction k..

 

 

Its states so when they do a Land Registry search...... " Co-owner in listed property.. "

 

If you do not wish to fight this and want to simply resolve it then you could consider submitting an N245 and make a monthly proposed affordable payment. The Judgment will remain for 6 years on the credit files and the Charge until the debt has been paid off.

 

The fee is £50...but once its in place there is nothing else they can do to execute the  judgment.

 

 

Regards

 

Andy

 

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  • 1 month later...

Hi,

 

the 28 day deadline for return of the data request has now passed and we have gone through the paperwork. 
 

we have had responses from the solicitors, and from Lloyds Bank. The bank sent us 4 x bundles of paperwork, although no. 4 was for a completely different person so they’ve obviously messed up somewhere. But the details we wanted around the credit card was supplied and we now have a full paper Trail of correspondence that we didn’t have. 
 

Link received our SAR letter as they signed for it, but they have sadly not responded.

Is there anything we can do about that? 
 

in terms of our next step I’m not sure whether we have anything to go on to fight this.

Would welcome any advice of what to do next.

What is the advantage of going down the route mentioned above with the N245? 
 

thanks in advance 

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let links sweat for a few more days its 30 for an SAR.

 

so you have the lloyds SAR back which has confirmed the current address..

what have kearns sent?

do their letters prior to the claim show the correct one too?

 

as for where you go.

the N245 can be used to start making payments at an affordable level you thus  dictate.

now do you need too....

 

well as it's a restriction k, as explained earlier, its not of much use to them, they can't force payment, nor sale etc etc 

could they do anything else, well they could go for an Attachment to earning (taken from his wages if he is PAYE) but thats reasonably rare for link.

 

 

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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  • 2 weeks later...

thanks for your reply.

 

re the SAR for Link, the letter was dated 11 January so a little over 7 weeks ago.  

 

Kearns have sent recent correspondence from themselves, a letter from lloyds (transferring debt to Link) and LC Asset 1 S.a.r.l; applications, Land Registry RX1 form, Certificate of Services, print outs of activity on their file (including excerpts notes on letters, emails, phone calls etc).

 

All letters prior to claim show correct address.

 

Yesterday we got served a final charging order.  I have attached the redacted pdf.  Can you confirm if we are accruing interest on a daily basis as the order seems to suggest that "...together with any further interest due"?  If this is the case, and if we continued with the advice above re the restriction k in that they cannot force payment or sale etc., would that mean we would be accruing more debt against the house?

 

Having been served this, does this mean that the N245 now is out of the question?  

 

What do we do next? 

redacted final charging order.pdf

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unless the CCJ states post judgemental interest at xxx, the restriction k cannot add any running or otherwise interest to a debt.

you can still do the N245 if you wish, as it was a default judgement 

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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Charging Orders of any type do not accrue interest ...its merely a procedure to secure the Judgment.....as the Judgment is less than 5K nor can the CCJ attract any interest.

 

The order is written that way to encompass all eventualities in General...not just your particular circumstance.

 

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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