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common arguments that can be used to stop a charging order being made final:

 

Does any member of your family have a disability or serious illness?

If you have a number of debts and making a charging order in favour of one creditor would give them unfair priority over the other unsecured creditors. It is particularly useful if you can show you already have a payment arrangement in place with your other creditors. This would be upset by an order being made. Point out if any of the debts are larger than this debt and if any other creditors have frozen the interest.

Your creditor is supposed to list all the other creditors that they are aware of in the application for an interim charging order.

The court can order the interim order to be sent to the other known creditors but does not have to do this. This means that creditors who may want to object to the final charging order being made will not know about the hearing. You can raise this in your written objections and at the hearing if you think a creditor may be 'unduly prejudiced' by the charging order being made.

Could the creditor have given you a secured loan when you first took out the loan? If they decided to offer an unsecured loan instead, this could be particularly relevant if you have other unsecured creditors who may be disadvantaged by a charging order being made.

There are other ways the court could enforce payment of the debt. You could ask the court to make an instalment order so you make monthly payments you can afford, or an attachment of earnings order so that the instalments would come directly from your wages. This is only useful if you are employed and your employment would not be at risk.

 

any arguments have to be filed with the court 7 days prior to the charging order hearing. ensure that any correspondance with the court is sent at least recorded delivery.

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Thank you to everyone who has offered advice and good wishes.

 

Court case is tomorrow with Egg (DLC) for C.O. but because we turned up last week due to not being told by solicitors that it had been adjourned, maybe this will help. I am going to ring court today and check its is definately on tomorrow and if they can put a note in file that we attended last week and lost days annual leave.

 

With regards to first credit, we are going to get off the CCA letter asap, as at the moment they are at the threatening stage. Will keep you posted on both X

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Good luck in court Tagal. Argue the CCA angle like hell. Tell the judge you're sure that you sent off that CCA request to them ages ago as well and they never complied! It is highly likely that they won't have it with them and don't actually have it all.

What sort of world do you want your kids to grow up in?

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  • 4 weeks later...

Hi, just a update. Court case went ahead but was adjourned as Egg had not advised the other creditors of the CO request, Judge was very close to throwing it out completly and did even warn the solicitor that was on his mind!!

Any way hearing is now middle of august. Going for a remortgage which has been accepted, this is providing enough money to offer f&f to all the creditors. So hopefully this will be settled before court hearing.

Main point to this post is 1st Credit:evil:

They have taken over my Citi CC debt. I requested a cca from them, they have sent me a reply, stating " advising our client of your request. This document will be sent as soon as possible. This process may take at least one month."

Now I have a letter from Citi financial stating " we have assigned your contract to 1st Credit ltd"

So are 1st credit trying it on with a delay tactic ??? They still have some of the 12 days to get the CCA but with they saying it could take a month? I personnelly think they have no chance?

Thought please

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Of course this is a delaying tactic by 1st disCredit. The CCA applies to them as it does to anyone else. If in the unlikely event of them producing what appears to be a CCA i would advise you to paste it up on here and someone will give you an expert opinion as to its authenticity and/or legality

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Thanks ODC,

so what is the next step?

Just sit and wait. Once they are in Default i.e. after the 12 WORKING days then they should not be chasing you for anything and you can legally stop paying them. If they continue to harass you then report them to Trading Standards

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Jumping on my seat right now lol, can not wait! they sent a letter one time stating they will get a CO and force of sale! Really got my OH in a state over it so maybe pay back time lol

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Yes going that route once have money in account, hope to settle everyone with f&f's. Only problem is Egg who we have two CO hearings with, but that is another post !

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Doesn't it feel good to fight back!

 

1st Credit will lie and try to confuse you. Don't do anything without posting here first.

 

People on here helped me so much in my fight against this bunch of idiots and you will be in a stronger position if, and its a big if, you need to negotiate at any time.

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"subscribing"

 

Good luck tagal, this lot are very agressive but can be put back in their box if you use the advice & processes on the sight.

 

Started my own thread on 1st (dis) Credit.

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/104954-1st-credit-particularly-aggressive.html

I'm not an expert so check everything I tell you, however click me scales if I've been useful.

Light travels faster than sound. This is why some people appear bright until you hear them speak.

 

There is no freemasonry like the freemasonry of Golf

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Hi, just a update. Court case went ahead but was adjourned as Egg had not advised the other creditors of the CO request, Judge was very close to throwing it out completly and did even warn the solicitor that was on his mind!!

Any way hearing is now middle of august. Going for a remortgage which has been accepted, this is providing enough money to offer f&f to all the creditors. So hopefully this will be settled before court hearing.

 

Main point to this post is 1st Credit:evil:

They have taken over my Citi CC debt. I requested a cca from them, they have sent me a reply, stating " advising our client of your request. This document will be sent as soon as possible. This process may take at least one month."

 

 

Hi Tagal,

 

They default after 12 working days +2 days allowed for delivery. They can't have one month! After one month they've committed an offence.

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Hiya Tagal,

 

This is standard from 1st credit as they think we don't know our rights.

 

They comitted a summary criminal offence by exceeding the 12 + 2 and further calendar month on my allegded account with them on 6th June...Not heard a legal thing from them since they acknowleged CCA request and harassement via telephone letter :rolleyes: Wonder why that is...lol

 

Time for me to update my threads I think ;)

 

Good luck,

 

BB

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Hi.

No word or sight of CCA from 1st Credit:). Still have untill weds before 12+ 2 working days are up. Just wondering, do I notify them of their failure to produce one or what action is needed?

Thanks all

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If they default make sure you cancel payments after a further month report them to Trading Standards.

 

This is their trade they know the law or pretend to.

Hi, just to confirm, after the 12 + 2 working days I can stop payments. If they do not produce the CCA??

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It's your choice, but after the 12 + 2 you can withold payment until such time as they furnish you with a true copy of your properly executed CCA.

 

However, if they pass the further calendar month, they then commit a summary criminal offence and you hit them with TS ASAP.

 

If this happens they have to go to court to make you resume payments if they miraculously produce a proper CCA.

 

Hope this helps and good luck,

 

BB

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Hi.

No word or sight of CCA from 1st Credit:). Still have untill weds before 12+ 2 working days are up. Just wondering, do I notify them of their failure to produce one or what action is needed?

Thanks all

 

Don't do anything you don't have too...

 

The ball's in their court now, just play the waiting game ;)

Yep they call themselves 'Professional' :rolleyes: they should know the law. You dont have to advise them of anything. As soon as tne calendar month is up report them to TS and also write to them demanding a copy of their complaints procedure.

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