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Final Charging Order


MrSooty
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Newbie alert!!

 

I/We have 'significant' unsecured Credit Card Debts which we have been paying under informal arrangements for over 4 years now on a regular basis.

 

One of the debtors (MBNA originally), but the debt has been 'bought' by 1st Credit Ltd who now seem to think I should make a substantial increase in the monthly payments (£86 pm against a current debt of £7k), in order to reduce the repayment term.

 

After just one letter from them and one phone call in response from me, they have now sent a letter threatening a CCJ and thereafter a Final Charging Order on the house.

 

We're both self employed and it hasn't always been easy to maintain the payments, so I rather feel this is an unreasonable approach and verging on 'bully boy' tactics.

 

My limited understanding is that as we haven't 'defaulted' on the repayment schedule (agreed with MBNA...), there is little/no chance the Court would give them the judgement....?

 

Any advice would be appreciated

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OK do this ASAP. on this site is template letter fot CCA requst, send with £1 postal order, make cover letter saying you can no longer afford the repayments and DROP to £10-£20 pm, that CANNOT try to issure a CCJ because you have been paying, the court will through it out,

just dont panic, as long as you make regular payments they CANNOT take legal action againt you

If my advice has been helpful please feel free to click on my scales :grin:

 

Creditors and DCAs - Letter Templates & Budget Planner (CCA request letter N)and other templates)

 

Debt Collection Agencies & Statutory Demands, a few strategies

 

Abbey charges, Won

B-card non-disclosure of S.A.R, WON £30 costs awarded

B-Card, court for harrasement, failed to defend WON £175 http://www.consumeractiongroup.co.uk/forum/general-debt-issues/125554-28-days-later-no.html#post1422508

B-Card charges, partial refund, still fighting

Vanquis-Cabot, GIVEN UP :lol:

HFC & my mum, no brainer, no CCA http://www.consumeractiongroup.co.uk/forum/general-debt-issues/133330-hfc-my-mum.html#post1404514

 

PLEASE donate to CAG however small. They are fighting for YOUR rights as a consumer. http://www.consumeractiongroup.co.uk/forum/

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whilst i expect people to pay their debts off do not let DCA dictate what you can and can't do! pay what you can AFFORD, if you lower other payemts to DCA's you find they will moan, if they do just CCA them aswell MAKE sure you send by recorded delivery! oh and 1 othe rthing NEVER talk to them on the telephone, INSIST you only communicate by LETTER only

If my advice has been helpful please feel free to click on my scales :grin:

 

Creditors and DCAs - Letter Templates & Budget Planner (CCA request letter N)and other templates)

 

Debt Collection Agencies & Statutory Demands, a few strategies

 

Abbey charges, Won

B-card non-disclosure of S.A.R, WON £30 costs awarded

B-Card, court for harrasement, failed to defend WON £175 http://www.consumeractiongroup.co.uk/forum/general-debt-issues/125554-28-days-later-no.html#post1422508

B-Card charges, partial refund, still fighting

Vanquis-Cabot, GIVEN UP :lol:

HFC & my mum, no brainer, no CCA http://www.consumeractiongroup.co.uk/forum/general-debt-issues/133330-hfc-my-mum.html#post1404514

 

PLEASE donate to CAG however small. They are fighting for YOUR rights as a consumer. http://www.consumeractiongroup.co.uk/forum/

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I have been caught out so this is what I would suggest...

 

Like other CAGGERS have said get that CCA request off tomorrow....sit back and wait....

 

My mistake was not seeing this site at the time so I am now battling to get rid of a CCJ and FCO, if I had of seen it then I am absolutely sure that I would not have those on me now...

 

If they produce a CCA then other advice is around here on CAG about how to deal with DCA's.

 

Don't defend ... attack :-D

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josh

 

I am now battling to get rid of a CCJ and FCO

 

I am in the same boat with the above.

Have you got anywhere?

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thing is at end of day, we have lot more rights than we think we do (DCA's rely on this), example read OFT guidelines that DCA must adhere to, I bet you will find at least 2 breaches

If my advice has been helpful please feel free to click on my scales :grin:

 

Creditors and DCAs - Letter Templates & Budget Planner (CCA request letter N)and other templates)

 

Debt Collection Agencies & Statutory Demands, a few strategies

 

Abbey charges, Won

B-card non-disclosure of S.A.R, WON £30 costs awarded

B-Card, court for harrasement, failed to defend WON £175 http://www.consumeractiongroup.co.uk/forum/general-debt-issues/125554-28-days-later-no.html#post1422508

B-Card charges, partial refund, still fighting

Vanquis-Cabot, GIVEN UP :lol:

HFC & my mum, no brainer, no CCA http://www.consumeractiongroup.co.uk/forum/general-debt-issues/133330-hfc-my-mum.html#post1404514

 

PLEASE donate to CAG however small. They are fighting for YOUR rights as a consumer. http://www.consumeractiongroup.co.uk/forum/

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I have not got anywhere so far but I am pinning a lot of hope that there is not a CCA held by the bank from some 12 years ago.

 

When they have passed the 12 day mark from what I gather the CCA is not enforceable and therefore there should not be a Final Charging Order or CCJ. So I would then apply for removal of FCO and Set Aside on the basis that they have no enforceable agreement.

 

The other issue is that both the CCJ, Transfer of Proceedings and Final Charging Order were made in the name of Kings Hill (No1) who were apparently a dormant company at the stage when they got a Transfer and FCO

 

:grin:

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Good luck and keep me posted

 

I am awaiting for Hillside to go 12+2+30 then I will have a go myself and will start my own thread

 

RO

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