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BradB

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  1. Have a copy of deeds from Land Registry and showing an Interim Form K Restriction in the name of Phoenix Recoveries dated January 2011. Should the register have been altered when it was make final in March 2011?
  2. According to Drysdenfairfax Solicitors Arrow have purchased the debt of Phoenix on 13th May 2011 and I have been paying £30 per month to Asset who were acting on Phoenix's behalf since June 2011. I now have Arrow's bank details and have made sure that a standing order is in place so that no payments are missed. So in effect I hae been paying Asset on behal of Phoenix even though they had sold it before the payments started! I can see how people have breakdowns when trying to deal with these monsters!
  3. Thanks for your hard work dx, some poor sole has had a nightmare, oh hang on it's me! Asset / Phonenix substituted themselves as claimantes but it was quite along time after they purchased the debt. I have had nothing to say that Arrow have substituted themselves as yet.
  4. Key points have not been summarised and there is another thread called Charging Order which relates to this as well, be a long read I'm afraid.
  5. Hi dx, should I not be paying them until the court informs they have been substituted as the claimant? I just don't want to give them the opportunity to say I have faulted on the payments.
  6. Hi, been waiting for my Notice of Assignment and it has arrived. Arrow bought the debt on13th May 2011! Another DCA that thinks it is ok to leave it 12 months before informing you! As well as an NOA they very kindly asked me to complete an income and expenditure questionnaire so that they can understand my personal circumstances. What a joke! I had to advise them that the case is subject to a CCJ and that payments are set at £30 per month. I have had another letter today saying my annual statement will take about 6 weeks and in the meantime could i complete said I&E form. Not a cat in hells chance and having read it I would strongly advise anybody who receives one not to fill it in, especially as it says on the bottom 'on providing this information i acknowledge liability for the debt outstanding'. Now I know this makes no difference to me but if someone receives one who doesn't have a ccj and completes and signs it they are in big trouble. I had set up a new standing order for said amount but am now thinking to myself that as I have not had any court papers substituting themselves as owners should I be paying them anything? Don't want to stop paying as that would give them reason to go back to court. Geoffthechef - I know I have been stitched up here but as ccj judges don't really care about us normal people the DCA's always get what they want!
  7. Hi, I have now had my £30 in payment for 12 months and decided to phone Asset Recoveries for my annual statement as I have had no contact off them since the payments started. After talking to a very strange man on the phone I was told that my debt, included in a portfolio, had been sold to Arrow Global. I then made a phone call to them and they said they have no trace of me on their system so I phoned Shoesmiths solicitors who confirmed that my debt had been sold and to contact Arrow again. They could not confirm the date it had been sold. Am I right in thinking that I should have been issued with a Notice of Assignment by both Asset and Global and that they need to apply to the court for change of ownership? Thanks in advance
  8. As long as the £30 per month is paid no further action can be taken without the permission of the court, which in my book was a result. As it is a restriction I understand that it is not an equitable charge and with the right solicitor does not have to be paid if we sell, which my husband has not intention of ever doing. Think the DCA are going to have a very long wait to clear this particular debt.
  9. Thanks for the response Sequenci. With hindsight we should have set up a legal agreement when my name went on the house but I don't think my husband realised the consequences of it (he'd just had a health scare and was thinking of the future if anything happened to him) and it's too late now. I know that orders for sale are very rare but the threat is always there and that is what is making him ill. As it's my responsibility not his he shouldn't have to worry of it all the time. At £30 per month this debt will never be cleared and therefore further action is always a possibility.
  10. Does anyone have an opinion on the following please. As posted in a previous thread a DCA has a restriction our jointly owned property for a mortgage shortfall debt in my name. At the time I objected to the restriction as my name had only been on the property for 2 years and my husband had paid all the deposit from the sale of his former home and makes all the mortgage repayments. Unfortunately the charge was made final but I got the last laugh as I only pay £30 per month off a 30k debt. The problem is the effect it has had on my husband. He was very ill after the court appearance and was under the doctor for 3 weeks and still has to use steroid cream for a stress rash he developed. He smokes and drinks more and is constantly worried about the fact that someone else has an interest in his property and could if they wanted force him to sell it. My property was repossessed before I met him so he really has nothing to do with it. Since the court case his quality of life has seriously deteriorated and I don't think it is fair. As you can imagine this subject is like an elephant in our house and brought up during every argument. Are his Human Rights being infringed with the stress this is subjecting him to? I can see this issue being a constant source of stress for him and will probably send him to an early grave! I really am serious about his physical and mental health and think it is totally unfair considering it is not his debt. Does anyone have any view. Thanks in advance
  11. If you have read my threads you will know that I have a restriction on our jointly owned property for a sole debt. I would really like to find a way to stitch up all the nasty DCA's that have worried people beyond belief by letting them think they have an equitable charge. I have looked at the stats for CAG and see you have 292,821 members. How about each member donates a £1 for CAG to purchase there property for only the amount outstanding on the mortgage and then sell it back to them a couple of months later! Brilliant idea as you have got the cash to pay for it (off CAG) and the restriction is gone!
  12. Hi, just a quickie as I am on my lunch. The County Courts (Interest on Judgement Debts) Order 1991 4. Interest and Enforcement or other proceedings. 4.3 Where an administration order or an attachment of earnings order is made, interest shall not accrue during the time the order is in force. In black and white there me thinks, interest can not be added.
  13. Well I got a very nice letter off Asset Recoveries this morning (27th) with their bank details and asking me to make 1st payment by 30th! Phoned bank and made payment direct and set up standing order then phoned Asset to advise who asked me if I wanted to make a card payment to them over the phone. Do I hell, as if I would give them all my details including the security number on the back! Dream on. So they are no stuck with a £30k debt being paid off at £30 a month and can't do anything about it unless I default - which I won't. Serves you right for being greedy. By adding interest (which I work out to be £200) a month and only having a restriction and not a charging order you have no hope of ever getting all your money. Life's a b**ch!!!
  14. Hi Tinks After lot's of searching I have managed to find where I read it, hope it helps you http://www.debthelpuk.co.uk/cgi-bin/forum/YaBB.pl?num=1146165029
  15. Hi , I found this quote on the net, thought it was really useful and wrote it down word for word, but can't find it again. I have searched everywhere and all through debt help uk's website and it doesn't come up again. Sorry
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