Old Natwest debt with Charging Order - Cabot/MC/Engage

[groatgrabber 2]

Hi All,

 

Been a while but I'm back for a bit.

 

I had a couple of accounts with Natwest many years ago, I couldn't afford them and ended up with a charging order on the house I still own and my ex-wife lives in, after various financial issues from 2009 onwards the CCJ had followed in 2012. 

 

For several years I paid £5 per month directly into the Natwest accounts, at some point a couple of 'solicitor' firms were involved, SCM were the second one but I never spoke to them or so much as acknowledged them, they sent one letter when they took over. I just kept paying the natwest accounts direct, apparently that was fine and I had no desire to talk to them anyway. 

 

 I stopped paying the accounts in late 2019 when I moved to the Isle of Man and was out of work for 5 months, I have never restarted although I guess now that I am working I could probably manage a similar amount to previously.  The house will be sold in the next couple of years and Natwest have a charging order in place to recover the outstanding amount so I have little interest in making payments now.

 

Last year I started receiving letters from Cabot at my Isle of Man address demanding payment, apparently they now 'own' the account, I tore them up and disposed of them, then mortimer clarke started, same action, I don't answer calls from numbers I don't recognise so have never spoken to them, I received an email from cabot early on that I marked as spam so never saw another. 

 

Today I receive a letter from a different company again, Engage services, stating that a county court judgement has been obtained against me, there was one almost 9 years ago yes,  as far as I know they are not allowed to send the same debt to county court twice, and I've had nothing from the court to suggest that another case has been heard or claim made. 

 

The letter states that should I not respond they will send someone to this address, the last address I provided was when I took out the accounts pre 2009, I've moved 3 times since then so they've farmed this address from the credit reference agencies.  I wish them luck getting past our closed borders, although I suppose they could farm it out to a local advocates firm here, not sure how that would work though.

 

So I guess the question is what next steps do you recommend? 

Make some payments?

or keep tearing up the letters and if they ever turn up on the doorstep refer them to the charging order.

[dx100uk 9,693]

jointly owned home

single person debt/Charging orders?

[groatgrabber 2]

The house is jointly owned, unbeknownst to us at the time, natwest packaged up 3 accounts, one was joint the other two were not joint and they obtained the judgement and charging order in both names as far as I recall.  

 

The joint account was paid off in full a few months after the charging order was applied.

 

It looks like the last payment I made was actually in January/February 2020.

[dx100uk 9,693]

typical nastywest, they should not be merging various persons debts together and converting it to a CCJ/CO in joint names.

but they are the kind of stunts SCM used to pull years ago.

 

i'd ignore engage

its simply the DCA wing of Marston Bailiffs. 

 

 

[groatgrabber 2]

Thanks very much, that was my gut feeling but I hadn't heard from them before and I saw the name Marstons on there. 

 

I atually had a run-in with Marstons many years ago, long story but everything was sorted out in the end.  I actually ended up later taking the who had sued me company to court because they'd charged me for goods they'd never supplied, something I pointed out to them on numerous occasions and they chose to ignore.  

[dx100uk 9,693]

[Andyorch 10,578]

Have you checked the Land Registry recently to see if this a Restriction type K or full charging Order.

 

You state you paid off the joint debt shortly after the Charge was placed...is it still registered ?  Because you didn't pay the CCJ off ?

 

An action cannot be brought on any judgment after the expiry of 6 years from the date it became enforceable. The term “action” only applies to the commencement of fresh proceedings on a judgment, it does not include enforcement proceedings so, strictly speaking, for enforcement purposes and enforcement proceedings, no limitation period applies.

 

However, any delay in enforcement on the part of the judgment creditor will affect any award of interest as recoverable interest is limited to 6 years on a judgment that is executed after the expiry of the 6 year period.

 

Court permission is required to enforce a judgment debt that is more than 6 years old.

 

 

[groatgrabber 2]

I haven't checked, frankly it doesn't particularly bother me either way, the house is getting sold and if it's there it will get paid, if not, no skin off my nose.

 

I highly doubt it's been removed as the joint account was about 2-3% of the overall sum.

 

Looking at the title I see this:

 

(22.11.2011) 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 National Westminster Bank Plc at care of Shakespeares, Somerset House, 37 Temple Street, Birmingham, B2 5DJ

 

 

Forgot to mention that all profits from sale go to my ex wife, I have no claim over the house through my own choice.  This is why I'd rather the charging order picked it up.

 

[dx100uk 9,693]

thats a restriction k so the supposed charge is not in both names.

that doesn't need paying upon sale.

[groatgrabber 2]

keep ignoring them, there's nothing else they can do apart from try and stress me out with letters and visits?

 

I'm good with that.

[dx100uk 9,693]

and p'haps help your ex by telling her not to pay it upon sale?

[groatgrabber 2]

That one's a given, the separation is amicable, divorce at nisi, just need to raise a couple of thousand pounds to get finances agreed, clean break, and decree absolut.

 

Need to get sorted anyway as I'm planning on getting married again next year, been separated since 2016.

[Andyorch 10,578]

And as for the current letter....

 

Quote

Today I receive a letter from a different company again, Engage services, stating that a county court judgement has been obtained against me, there was one almost 9 years ago yes,  as far as I know they are not allowed to send the same debt to county court twice, and I've had nothing from the court to suggest that another case has been heard or claim made. 

 

 

See my last post with regards to CCJs over 6 years old.

[groatgrabber 2]

Thanks @Andyorch appreciate the steer.

[groatgrabber 2]

And thank you @dx100uk all helpful information there.

 

I've sent a modest donation to the site as well, great that you guys are able to keep this going.

[dx100uk 9,693]