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Hi all, just my experiance of the CO senario..cut short i had a CCJ/interim CO, went to court got it set aside then next hearing case was struck out, so, ccj /CO gone. I have now looked into coming off our mortgage, as i have another debt. What you are talking about is a "transfer of equity" i believe. It can be done but the person taking on the mortgage alone has to have an income that will cover the outstanding mortgage, you have to have enough equity in your property (70%) and a good credit rating. It also cost around £140 to do and you both need a solicitor. They would not force a sale if you have children and if your wife pays the mortgage thats a bonus, can you not at this stage try to have it set aside? sorry dont know the reason how the ccj then co came about! hope this helps as is my experience good luck Mj:)

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oh my god thats just the best one yet!! 2mins! If only they all went as well as that! Well done J.T.D fantastic result;) you must be relieved Happy christmas MJ:)

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Hi v.. thats a good point, i wonder what you can do with them if they return them! maybe someone on here knows, not me thou!! So did you only receive the CCA from egg nothing else? no dn, tn or noa any terms and conditions? The application form needs to be looked at for enforcability...wait for someone to advise weather to post up here, as we do get some prying eyes! My one does not contain a "your right to cancel" box check this on yours. all the best for now V... mj:)

hi guys.. Can someone just advise me if i should be doing anything more with "account in dispute" with Lowlife. Sent a cca request to them 26th sept still to date have received nothing, early november sent them account in dispute letter, still nothing. What should i do from here, anyone? my set aside hearing is 12th Jan. thanks MJ:)

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Echo...if you get a final charging order its payable on sale of your property, not in installments. The ccj has been defaulted thats when the co comes into play. If they are being really mean they can apply for a forced sale of the property so they can then get their money, but this is hard to enforce i believe. mj:)

ok jimbo if the ccj/co were pushed through the courts whilst you were away then those will be your grounds for a set aside along with anything else you can throw at um when you have all the paperwork you are about to ask for What you need to do for starters is download a form N244 from your local court website, the fee for applying for a set aside at the court is £75 though:mad:. you need to start by sending a CCA request to restons, (template in the letters section) and a SAR to the original creditor (who ever the credit card was with) send recorded delivery, with a £1.00 postal order for CCA and £10 for the SAR, keep proof of posting and copies of letters sent. Hope this helps for now, im off to work but im sure someone else will be along soon. Have a read of my thread, its a bit long, but will give you help as to what may lie ahead. http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/167654-help-ccj-charge-home.html There could be many factors that could make this a unenforcable debt, and by asking for the above will show you exactly what! Good luck MJ:D

Hi all (hi welshmam!) my elderly mother has just spent 9 months in hospital, and 2 weeks ago due to no longer being able to live alone, she now needs 24 hour nursing care, has been moved into a nursing home. She owns her own property outright, and she has been told by by our local council she does not qualify for fully funded care, so we have been told to sell the property to pay for her care, are you ready for the cost......its £600 PER WEEK. She was in St Thomas's hospital in London for these nine months and looked after by 5 different consultants, who, when she was discharged recommended she qualify for fully funded care, because she is so ill. Our council says she does not qualify, they only want our money, thats why! Your stepfather is not a homeowner, and the house does not belong to him, so he should be funded by your local council, DO NOT take anything for granted what the local authourity say, or the solicitors, as we have discovered many of the sols do not know the law with regard to this situation. We have now found a solicitor who works in this field and she is acting on our behalf fighting the council's decision, and it looks positive. The house belongs to you and your siblings, look into this much more, do not just take what these people are saying at face value! good luck MJ:)

Hi jimbo, dont dispair;) You are not the only person on these forums with a charging order, lets get you moved to the legal forums, theres lots of us over there! Did you not receive any court paperwork, alerting you to the CCJ restons got? The fact is they got a CCJ by default as you did not defend it, following that they apply for an interim charging order, when its still not defended, after x amount of time the interim charging order becomes final, thats how it turns into "secured" so to speak. You still maybe able to sort this...more help should be arriving soon:) mj:)

Hi, just read this post on another thread...thought id post here, may help regards Mj:) http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/236962-lowell-financial-saying-i.html#post2628952

Thanks Lilly, I do have quite a few factors on my side, but you do just need someone to reasure you sometimes! Thanks for the above there is always that eliment of doubt as is the same for everyone before D-Day im sure. Cheers for the help MJ:)

Hi guys When i go to court in Jan for this SD set aside, do i fight this in court pretty much the same way i did for the CCJ/charging order back in oct? ie no DN, TN, or NOA and a couple of things missing on the CCA (wont go into to much detail). If i dont happen to win this, what happens...made bankrupt? end of?? thanks MJ:)

V.. My understanding is that Lowells should have your CCA, as they are the ones who now own the debt. They still have not sent my CCA, requested back in Sept. Account now in dispute letter sent. You say you have received your CCA (from Egg?), is that all you got in response to your SAR?? regards Mj:)

Great news molly..i HATE mortimer c:mad:larke!! good for you x

Hi Vera.. No i dont think so V, in answer to your first Q, the judge i think looks over what you sent in and if they think you have good grounds to fight then then the hearing is set. second Q, you should have had 3 sets of your paperwork, one for you one for court one for lowlife! the court sent my set to them. I am starting to worry slightly about mine, it seems to be galloping nearer at a huge rate of knots:eek: Hope this helps and you do on the other hand have some great ammo, re: the probe investigations outfit! 42man will sort that bit for you!! all the best MJ:)

sorry butting in hammy and hungry... just read your thread and my personal loan with egg that im trying to set aside also does not have your right to cancel? is this a vital flaw?? MJ:)

:eek:personal details been left on Boro!!!