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malamute63

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  1. Hi Everyone I finally found the Post button ! Sorry about that. I had previous postings about a Charging Order levied upon my wife by TBI Financial Services. I have posted an update about that today on the original thread but I now have new problems. Since the CO was registered and the CCJ relating to it put on file, other DCAs are now chancing their arm and sending threatening letters about debts which are either not recognised at all and are in no way ever going to be acknowledged, or debts that I know are statute barred. Examples are as follows: 1. Capital One debt. Neither my wife or I have ever had Capital One anything, but we are getting letters from Lowell, Robinson Way and somebody else, think it is Frederickson regarding a Capital One account. They have my wife's name and are adding a new additional christian name into the address, which is very shocking. They also try different combinations of the name on the letters. Putting one name first, trying initials and various other deceptive tactics. Lowell are also asking for a debt for a Creation Finance. again we have no trace of this company, after checking our financial records back as far as 2005, which is as far as we can go with our bankers. My wife does have other debts with Lowell, so I suspect that they could "produce" some form of agreement which is not true copy.I have not written to them yet as I wanted to ensure getting the correct wording.Your assistance would be most welcome on dealing with Lowell, as they made my 87 year old mother in law so ill with her debts she had to spend some time in a convalescent home. We have never ever dealt with Capital One quite honestly. 2. We have a hand written letter from Future Finance in Jersey asking about a very old debt to the Associates which was disputed back in 2004 by CCCS and we never ever heard any more about it, as it was apparently a duplicate of a debt that is on my wife's DMP with Payplan. CCCS phoned Associates at the time and was told to ignore the debt as there had only ever been one account. My wife also phoned Associates at the time and was told that there was some sort of reference number error and that they would write it off and confirm to CCCS. Shortly afterwards CCCS took it off the DMP. That was 8 years ago and lo and behold we now have this letter from a Future Finance which appears to be about this debt. It has little arrows on the page - is this Arrow Finance DCA in disguise ? 3. A letter from Robinson Way asking for a very small amount for a Next account. again neither me or my wife have ever had a Next account ! We are the wrong shape and size guaranteed ! I am going to send that back with a nasty letter but I am more concerned about the first two. Clearly the CO has put us onto the DCA map for intimidation and my wife is ill with disability and I am not going to see her made worse by these timed out vultures. All the above have surfaced since the CO was registered at the land registry and the CCJ went on. I presume that a lot of this is DCAs trying to clear their books but it is causing terrible distress for us. We have all our true debts on DMPs with Payplan and there is no way that these other debts are ours, tracing back to 2004 / 2005. Any advice would be much appreciated by me and my wife. Kind regards
  2. Hi Everyone, Further to my previous posts on the TBI Charging Order. I managed to get the hearing transferred to a local court and it went ahead last month. The District Judge granted TBI their charging order on my wife's share of the property, as was expected, and noted that payment would be made by Payplan and determined by them as to any future amounts. TBI did not show at court but sent a bulk representative who was dealing with numerous cases on the day. DJ did say that the CCJ entry in default was questionable, as my wife had replied to the summons but concurred with TBI's totally impersonal representative that there had possibly been some error at Northampton. They did not seem to want to take that any further and my solicitor fell apart when questioned and became a gibbering wreck so that seemed to not help ! Since the Charging Order was granted, loads of debts, some stature barred, some never even heard of are crawling out of the woodwork from various agencies. The CO has clearly put my wife and I well and truly on the map. As my wife is disabled and really ill at the moment, this is not helping her at all. We are unplugging phones every day as we don't deal with debt by phone ever. I would like to repost some of this information relating to DCAs now "chancing their arm" but can't see a new posts button on any page. I would very much appreciate assistance. Kind regards
  3. Hi Andy, Thank you for your reply. I am going to try and get the case moved,despite what the solicitor told me, but as you quite rightly say., I doubt it will result in the CO not being entered. From my point of view I am so concerned about any enforcement of sale aspects. as my wife's mother who has Alzheimers disease is also coming to live with us very shortly,because she can no longer live on her own due to the risks so there will be two disabled persons at the property. The DSAR I am sure was explored by the original solicitor who dealt with my wife then.I can ask her. Payplan have been paying TBI also but my wife was late with one Payplan payment and they have told her that they can do nothing at all about the CO and that all they can do is give advice the same as National Debtline or CAB. They did seem to want to wash their hands of the debt, once they knew it was subject to court proceedings. I appreciate your reply and it is good to know that sale enforcement is less common. There isn't a lot of equity in the property anyway, as we live near to a chicken processing plant, which has devalued local properties significantly due to the pong! I will keep looking back whenever I can and I'll add any further developments to the thread. Thanks !
  4. :-)Hello there This is my first post so my apologies if I am in the wrong section. I need some advice regarding an infamous DCA named TBI Financial Services. They have been making my disabled wife's life a misery since they surfaced in 2008 with a debt which they had reportedly bought from HFC bank. It was an old credit card - Marbles or Goldfish etc. My wife checked out the statute barred rules back in 2009 with a solicitor and unfortunately they were just in time with their letters to her and she did make offers of payment to them whch they accepted. Due to severe financial difficulties being only on benefits herself and due to the fact that we had some separations at that time she fell grossly behind with the payments. They sent her a summons in June 2012 which she replied to straight away, made an offer thru Payplan of a small monthly payment and was told by PP that the offer had been accepted.She started making payments. The debt is over £9k and they are planning to add £730 a year on top ! Apparently the offer had not been accepted, as the next stage was for a CCJ to be registered and a charging order applied for. They were granted the interim charging order in November. The first that I heard about this as the debt is not in my name at all was the arrival of a land registry letter advising me as a co mortgagee that there was a restriction to be placed on the property today. I was alarmed, angry and very upset indeed to say the least. There is a hearing in London next year for the charging order to either be finalised or dismissed but as my wife is disabled with an extremely serious illness, which would not make travel to London possible,I want to apply to the court to get the hearing transferred to a local court where my wife can attend in her wheelchair but my solicitor tells me that this can't be done. To say that we were devastated about this is an understatement. I thought that as my wife is so ill and we can give much medical evidence to prove this, that the court would accept a request of this nature.Should I write to them anyway ? I guess my other question is Can I lose my home when this debt is in no way mine at all ? I am also a representative and carer for my wife and we would be totally homeless and literally on the streets if they order the house to be sold. Has anybody else had a final charging order with these people and were they able to get restrictions to protect their families at court ? I know that my wife has been made really ill with dealing with TBI. All her other creditors have treated her fairly and all are on the DMP but these have been threatening charging orders since day one of contact somewhere in the letters and they seem hell bent on putting her into her coffin quite honestly. They have been made fully aware of her illness and problems all the way along but clearly they see disability as something to totally ignore. Any advice would be most helpful. CAB tell me that unless my wife attends the hearing, the DJ is unlikely to take any of her circumstances into account but she cannot travel to London. We can't sleep, we can't eat we are so scared and worried about our home. Thanks for any help guys
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