Hillesden ;Finalcharging orders advice please.

[Rowtel]

Hillesden Securities Ltd have obtained a number of Final Charging Orders against my home. Has anyone had the same done to them and if so did Hillesden Securities Ltd go on to try and obtain an Order for Sale to force your home to be sold.

 

American Express have applied for an Order for Sale in order to force my home to be sold, again has anyone had the same experience and what was the result when the matter went to Court.

 

As a result of rising house prices unsecured creditors are having their final charging order applications rubber-stamped at the courts giving them access to your home. This should not be happening!

[younganfree]

Hi, Rowtel, welcome.

I think you would probably have a better chance of a relevant reply if you posted your questions on either the 'Other Institutions' or 'Debt and Bailiffs' forums (or maybe try both).

Sorry I can't help you specifically, but I have no knowledge of the area.

[dl&c winner]

Hillesden Securities Ltd have obtained a number of Final Charging Orders against my home. Has anyone had the same done to them and if so did Hillesden Securities Ltd go on to try and obtain an Order for Sale to force your home to be sold.

 

American Express have applied for an Order for Sale in order to force my home to be sold, again has anyone had the same experience and what was the result when the matter went to Court.

 

As a result of rising house prices unsecured creditors are having their final charging order applications rubber-stamped at the courts giving them access to your home. This should not be happening!

 

 

Hello yes we have had 3 charging orders against our property through this company, luckily we had a very understanding judge who once we had pointed out the relevant sections of the consumer credit act she was happy to discharge the charging orders due to non compliance from the DCA it all depends on what paperwork you have had so far from the courts. Let us know and I will advise you if I can.

[MARTIN3030]

Hi have moved your posts here.

Have a look through this thread; we beat hillesden securities / mbna/ dl&c

[tifo]

American Express have applied for an Order for Sale in order to force my home to be sold.

 

Unlikely to be upheld at court, especially if you have a family. I'm not aware of any judge awarding a DCA a sale of the house.

 

But, seek advice!

[Varangian3]

I had a charging order placed on my house. At the hearing the DCA were not represented, so it was just me and the judge. I thought it would be like Judge Judy, where the judge examined evidence, but truth, evidence and justice were the first casualties in a hearing that was just designed to rubber stamp the interim order, which was placed without any opportunity for me to put a case. Despite openly accusing the DCA of lying when they wrote that I had been uncooperative, the judge did not examine any evidence and was never going to do anything but support the DCA and the earlier court.

 

"Consider your verdict," the King said to the Jury.

 

"Not yet, not yet!" the rabbit interrupted. "There's a great deal to come before that!"

 

"Call the first witness!" said the King.

 

[Lewis Caroll]

However, after this the judge had a helpful chat about it and explained that the DCA had now effectively ehausted the court route and would probably 'cool off'. He explained that to get an order of sale, they would have to come back to this court and provide overwhelming evidence that the I had been totally refusing to make any payments. The impression given was that that would be a real court hearing where the judge would examine evidence, not the farce that was then taking place.

 

In practice, he said, he had only ever granted a few orders of sale, and only where the defendant had sat in the court stating that they would never pay the debt under any circumstances.

 

I then asked about the DCA's ability to demand money that I could not afford, as they had a generous offer when I submitted income and expenditure before the hearing, yet rejected this to go for the charging order. (No attachment of earnings order was applied for as I am self employed) He said that the court was placing no figure and that I should only pay 'what I can afford'. Given the other debts to priority creditors, I think I can reasonably argue that I can only afford a token monthly payment, nothing like the earlier offer that the DCA are expecting!

 

In short, I will now work the DCA until the pips squeak, knowing that there is little they can do as long as I make a regular monthly payments that I can justify as being reasonably 'what I can afford', and can provide income/debts details to support this.

 

It's too early to say yet how they will react, but I live in hope:p They're going to pay a heavy price for what they've done to me.

 

I hope this info is helpful to you. As it came from a judge its pretty reliable, but not all judges are the same, or as helpful.

 

If a Moderator reads this and wants to give this info a wider audience please contact me as I think it's some very important detail from a judge.

 

Good luck

 

Varangian Guard

take no prisoners

[tifo]

i've had the same.

 

an interim order first and then it was made final at the hearing. The DCA asked for more than i could afford before taking me to court.

 

they offered to accept my payment proposal at the interim stage but after the final charge refused to discuss it unless i offered more! i got cheated and lied to ....

 

i got a judge who seemed to ignore the DCA shortcomings.

 

suffice to say, they have now not-complied with a s.78 CCA 1974 request and i will be asking for a 'set aside'. Maybe i'm stoking the fire, but they have no other option left to them.

[The Count]

Hi All

On 15 Jan 07 I received a reply to my request for documents under section 77 of Credit Act '74.Since then every 21 days I receive a holding letter stating that they are still dealing with my enquiry.My question is "how long do I have to wait before this matter can be put to bed?"

Any advice would be much appreciated.

The Count