I'm out of the country at the moment so I can't file any forms I'm not back until the 27th. If the solicitor files the forms on the 20th how quickly will they get a hearing ? I'll go straight to the court on the 27th and do this but now I fear it maybe too late??

Hi again Since my last message I have been communicating directly with Anglian water and as they also asked me to put my income and expenditure to them and haven't heard anything from the solicitors until today when I received this by email "Further to previous correspondence on the matter we are extremely disappointed to note that you have failed to provide full and frank disclosure of your assets and liabilities, income and expenditure and therefore as repeatedly advised our client is unable to consider your offer of repayment. We cannot impress upon you the severity of the matter and write to give you notice that unless we hear from you with full payment of £4,665.02 by 4pm on 20th July 2015, our clients claim for Order for Sale will be issued at Court. This may incur further costs in the region of £1,300.00 to £1,700.00 which you may be liable to pay. It is therefore in your interest to contact us immediately to discuss settlement of your account" I am out of the country now until the 27th and only sporadically receiving email. I have put my out of office on which advises people I'm not back until then. They keep giving me deadlines despite the information I have given and paid the first instalment. I'm a little worried will a order for sale hearing happen whilst I am away ? I haven't emailed back as I can't give them the information they want anyhow. Could someone give me some advice please ? Many thanks

Sorry just to clarify I have also told them my circumstances several times that I am a single parent and I have children and there ages. It was more my bank account information, employment details and property within the house I was concerned with due to previous problems which had a huge impact on me and my children. I have also explained this to them. Thank you again.

Hi I have looked at the judgment at all it says is the amount with "any further interest due". I still haven't had a response on the breakdown of the figures of how it has increased so much. Yes thats exactly what the form does breaks down into those categories, I have given a detailed income and expenditure form to them, and given them the outstanding balance information on all the liability information for the house that the mortgage people gave me. It just made me nervous giving them all the additional information as I didn't know what they would do with it. I have never received one of those before, should I complete it and return it to them tomorrow then? Would it make a difference in the hearing that I wouldn't complete it unless they could tell me what they would do with the information? I did it for genuine reasons not to be difficult I supplied other information in a different way and have made the first payment. Also I am due to go away on monday for ten days its been booked for about a year and I'm worried that an order for sale will be made while i'm away - I can't cancel as I would loose too much money, is there anything I can do? Many thanks for all your help.

Hi I have been paying a normal water bill but initially nothing towards this debt. I have now made the first payment of my offer of instalments and told them I will make the other payments on the 1st of the month, however it took 4 letters to even get the sort code and account details to do this as they insisted I should have this information. I didn't I doubled checked everything. I have a copy of the original CCJ and charging order and have also downloaded a copy of the land registry documents as I needed this to write back to them. So i know the original figure is correct but I don't know where the other figure stated by the solicitor has come from. I asked for this information a week ago and have had no response from them since they stated "You should obtain legal advice". I have been very timely responding to their correspondence from the start in April, however, on numerous occasions I have had to chase to follow things up, ask what was happening and the response is always the same.

Hi Yes the mortgage is in both names, when we bought the property from the council "right to buy" my partner wasn't on the tenancy so could only be listed as a registered party. The secured loan is in both names but selling the property wouldn't covered all this I don't think. Yes the debt has increased since the charging order, I am assuming that it is because of the interest, however, I have asked for a breakdown of the new figure as it is different from the amount on the charging order and I don't get a reply apart from "please complete the form etc etc etc" or "you are using delaying tactics". I didn't find out about the increase until the solicitors contacted me in April to tell me they were applying for an order of sale.

Hi - Thank you for replying so late. It is John Barkers solicitors asking for it. Is is a five page document asking for lots of information and I didn't feel comfortable sending it. Yes the debt is only in my name, however, my ex is only a interested party in the property, I think therefore it is a true charge on the property. Many Thanks

Good Evening, I have received some great advice here that has led to me successfully suspending a repossession hearing nearly being out of arrears (3 months to go) with my mortgage, council tax arrears and other debts which I am very proud of, however, I need some further help. I had a charging order placed on my property back in 2012 from Anglian water, the original debt was £2095 but has since risen to approx. £5000 I am told. I was contacted in April 2015 by Solicitors acting on behalf of Anglian Water stating that they are going to apply for a order of sale hearing as I was unable or unwilling to pay this debt. Now this is my fault as I haven't heard from anyone regarding this since the charging order was put into place, I had assumed that the charging order would stay on until I sold my property and I know this was a mistake. I have been communicating with the Solicitors since April and have provided my income and expenditure sheet numerous times, provided a breakdown of all monies owed on the property which demonstrates that they property is in negative equity. If the house was sold I think I would cover my first mortgage but the secured loan (5 years to go) a second charging order and this charging order wouldn't be paid. I know this as valuation was done on the property for the suspension of the repossession hearing. I have advised them of this. After many emails since April to the solicitor asking for account number and sort code to start paying my offer at £37 a month until my other court ordered debts are paid they finally provided details and I have made the payment. However, the solicitors say they will not consider my offer until I have completed a form. This forms asks for details such as, - all bank account sort codes and numbers including money amounts it in, (they have no money in them other than for bills, but I don't have an overdraft:smile:) - itemised list of all my possessions within the property (such as sofa, dining table, fridges, mobile phones, fridge etc) - my employment details and contact numbers, - my national insurance number, - the names and dates of birth of my children. I have asked them what they will do with this information and they send a standard response of "our client will not consider your offer until you complete the form, please take legal advice". In fact in the last email the solicitor 'told me off' for sending so many emails, that I shouldn't address her by name and I was using delaying tactics. I promise I am not, I have sent correspondence to them as soon as I received this letter in April. I just wish they would go one way or another. I have currently declined to give them this information, my income and expenditure information was very detailed and the same which I provided to the courts, I have provided a very detailed breakdown of monies owed on the property also and made the first payment now I have the payment details and reference number. The reason I have declined is because at the height of putting my head in the sand, one company I owed money to took money straight from my bank account by order of the court. I am now told that was unusual but it happened and I live on a tight enough budget (which has been working and I am reducing my debts) without this happening. I don't want to miss a payment to anyone. Also I am worried by itemising my possessions this would allow bailiffs to come into my property and my 13 year old is often here alone. I have advised the solicitors of my concerns about providing this information and I haven't received a response other than "your questions are delaying tactics please provide the information requested" My situation is I am a single parent, to two children 13 and 10 (which I have advised the solicitors), both my ex partner and myself are liable for the mortgage but my ex partner is only listed as having a interest in the property due to how it was set up with the right to buy. I think my question is how likely is the company to gain an order for sale, I haven't received any paperwork yet other than emails saying 'my client is continuing the action' although I am expecting this very soon as they set a deadline for this form last Friday. I have worked so hard to reduce my debts especially my mortgage which hopefully proves I now have a good track record for sticking to all my agreements. This is my childrens home and has been for 13 years, their school is nearby and childminder as well as my work and they wouldn't gain anything from selling the property? After a long winded post, any advice as always would be appreciated.

Good Evening all I have had a response directly from Restons Solicitors which states "We acknowledge receipt of your Defence, in which you state that a charging order has already been registered against your property for this debt. We ask if you can kindly provide ourselves, within the next 14 days, with evidence of the previous legal proceedings" I have the evidence which isn't a problem to give to them, is it normal to provide it directly to them now? Or should it done via court? I don't have enough experience of these people to understand what they are doing. It does annoy me that I initially asked for information and they refused to give it to me, but now want me to hand over everything they ask for. I'll await for any direction you can give me. Many Thanks

Hi both Thank you for the advice, I have just submitted my defence and gone with your advice. Am I correct is assuming I will hear something very quickly? Many Thanks again

Hi Just wanting to make sure I am going in the right direction clarity on whether I should mention the arrears and negative equity in the property or save that for a later date and just deal with the matter at hand ? I have got this far :- 1. It is admitted the Defendant entered into an agreement with British Credit Trust Limited, the original creditor on or around May 2008. 2. The debt was for a Hire Purchase Vehicle, namely a Renault. 3. The defendant denies that the alleged amount is owed to Cabot Financial (UK) Limited. 4. The defendant does not believe that Cabot Financial (UK) Limited can apply for a County Court Judgment based on the following particulars. 5. A County Court Judgment is currently in place for this debt, claim number XXX 6. This County Court Judgment was granted on the 25th September 2009, in the Great Grimsby County Court, for the Claimant British Credit Trust Limited for this debt. [Appendix 1] 7. No payment plan was agreed for this County Court Judgment. 8. On the 8th October 2009, British Credit Trust Limited, applied for an interim charging order, on property the Defendant has an interest in. [appendix 2] 9. On the 23rd December 2009, a final charging order was placed on the property of XXX . [appendix 3] 10. No payment plan was agreed between the Claimants (British Credit Trust Limited) and the defendant. 11. There are three parties who have a registered interest in the property, above that of British Credit Trust. 12. There are three charges above the listed debt for British Credit Trust on the charges register. 13. The Defendant refutes the claimants claim is owed or payable due to a pre-existing claim in place. 14. On the original correspondence from the Claimants it listed either Marlin, or Cabot Financial (UK) Limited as the Claimants and the Defendant did not recognise this as a debt owed. 15. On receipt of the original correspondence from the Claimants the Defendant requested, on the 3rd October 2014, documentation by way of a Subject Access Request and Consumer Credit Act. 16. On the 10th October the Claimant refused to supply documentation and returned all monies in connection with these requests stating, “you will appreciate that we must ensure we are corresponding with the correct person and that anyone requesting information is entitled to receive it”. 17. The Claimant, to date, has not provided the requested documentation 18. The Defendant is unaware of any legal assignment of this debt and the Claimant has failed to provide strict proof of this. 19. The first time the defendant became aware the debt ordinated from British Credit Trust Limited was within the particulars contained within the claim form issued on the 17th October 2014. 20. The Defendant purports that had the Claimant provided the requested correspondence, the Defendant would have advised this debt was already governed by the processes described above. 21. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. ----- Thank you for getting me this far !

Hi Could I ask advice where to start in drafting my defence? Many Thanks

Hi I'm conscious that the date for me to submit my defence is approaching (14th) are you still able to send me a draft/template for me to submit? Many thanks in advance

Thank you for that. Ive just done it. I do have another question though, does anyone know why the court costs are so high Claimant CABOT FINANCIAL (UK) LIMITED Claim Number XXX Defendant XXX Amount Claimed £11,553.83 Court Fee £410.00 Solicitor Costs £100.00 Total Amount £12,063.83 Issue Date 17/10/2014

Good evening, Could I just ask whether on the AoS what I need to put for contest jurisdiction ? Many Thanks

Thank you Andy I'll contact the local court and find out how to obtain a copy and I'll await your further input. Many thanks again for your time.

Hi I haven't submitted a defence yet, the kind gentleman above gave me the time lines, these are as follows: Issue date 17 October 2014 + 5 days for service = 21 October + 14 days to acknowledge = 4 November 2014 + 14 days to submit defence = 18 November 2014. It would be wonderful if you could help me draft a defence, i wouldn't currently know where to start. How would I obtain a copy of the initial N1 form? Is this something I can request from the local court? Many Thanks in advance.

Hi No sorry I don't, all I have is the final CCJ paperwork which was sent to me from the decision in Sept 2009 where it says "1. Summary judgement for the claimant in the sum of £10,479.83. 2. The defendant is to pay the claimants fixed costs of £810.00" There was no payment plan put in place. Then the interim charging order stated: On 8th October 2009 District Judge Richardson considered the application of the claimant, from which it appears: (a) a judgement or order given on the 14th October 2009 ordered the defendant to pay money to the judgement creditor (b) the amount now owing under the judgement or order is £11,289.83 and; © The judgement debtor is the owner, or has a beneficial interest in the asset described in the schedule below and the court orders that: 1. The interest of the judgement debtor in the assets described in the schedule below stand charged with the payment of £11,289 2. The application will be heard on 23rd December 2009 ---- This was then put as a charge (below the 1st and 2nd mortgage on the land registry). Obviously my ex partner is listed as restriction and some other paperwork I have shows that it was agreed that we would split any profit 50/50, although that is a mute point as a sale wouldn't even cover the first mortgage.

Hi I have the original claimant who was British Credit Trust (this is who the agreement was taken out with) and claim number, the 1st claim, CCJ (24th September 2014), Interim Charging Order (October 2009) which turned into the final charging order (December 2009) £11,289.83 - No installments were ever set it has just sat on the property since then, the court ordered that "The interest of the judgement debtor Miss XXX XXX in the asset described in the schedule below stand charged with the payment of £11,289" The new claim is "Cabot Financial UK Limited" the particulars of the new claim is as follows The particulars are as follows: The claimant claims payments of the overdue balance due from the defendent(s) under a contract between the Defendants(s) and british credit trust dated on or about the 1st May 2008 and assigned to the Claimant on the 27th August 2013 in the sum of £11553.83 Particulars a/c - **** Date Item Value 19/9/2014 Default balance 11553.83 09/10/2014 Post Refrl crd -0.00 Total :- 115583.83 ---- As you can see the time line fits, its the rest of the information which Cabot seem to be missing. What do you think ?

Good evening; Sorry I thought I had posted a response to your question from work the other day, it can't have worked. (1) Yes it is the same account number and the amounts are near enough the same, this second claim is a £100 ish higher I presume it is the charges they have added on. The dates are also correct on the claim form but they don't give a lot of other information. Also I have had no other dealings with British Credit Trust. (2) I can't remember how much I borrowed I think it may have been about £8000 within months of taking the finance, my partner at the time lost his job, out of the blue and didn't get another one for a long time we stopped using the vehicle. I don't have any of the original contracts etc just the paperwork from the courts re the first CCJ and final charging order, and land registry document. (3) I asked for the vehicle to be returned when it became clear we couldn't even afford to run the vehicle as we had the mortgage as priority etc and it stood on my drive for a long time before they finally came to pick it up after a lot of to'ing and fro'ing between us. When they came to pick it up the battery was dead as it had stood still for so long. Does this help? Again apologies for the delay.

Hi Yes there is a judgement in place already issued on the 14th October 2009. I have all the paperwork the original CCJ, the interim charging order, the final charging order and then entry on the land registry. So i'm not sure why they are going for another Judgement against me? This is why i'm not sure that Restons know this and obviously they refused point blank to talk to me as I they wanted a signature and evidence of my identity and until I did this they wouldn't tell me anything, including who the debt was from, it wasn't until I got the claim through I knew it was for this (british credit trust); the original solicitors who dealt with it was Blake Lapthorn - I have their letters too. I really appreciate your help and guidance on this

Hi The date of Issue is: 17th October 2014 (County court business centre) The particulars are as follows: The claimant claims payments of the overdue balance due from the defendent(s) under a contract between the Defendants(s) and british credit trust dated on or about the 1st May 2008 and assigned to the Claimant on the 27th August 2013 in the sum of £11553.83 Particulars a/c - **** Date Item Value 19/9/2014 Default balance 11553.83 09/10/2014 Post Refrl crd -0.00 Total :- 115583.83 ------ I have no other paperwork, no contract how the amount is made up etc. Many Thanks for you help.

Hi Thank you so much for the response. Okay I have found all the paperwork for the house etc in the attic (1) The house is in joint names e.g. mortgage both names and second mortgage both names. Which is why I thought we were joint owners. (2) My partner seems to be listed as a restriction rather than a proprietor, I seem to think that this may be because we bought a council house and he wasn't on the rent book the wording is as follows "No disposition of the registered estate by the proprietor of the registered estate is to be registered without a written consent of **** of [address] - So by this it looks like the house is mine . .. I discover something new everyday, i'm sure for these purposes it is a bad thing though. (3) on the 24th September 2009 a CCJ (i have copies of this) was issued and Blake Lapthorn who were acting on behalf of British Credit Trust, they then applied for a interim charging order and finally applied for a 'final charging order' as the CCJ issued did not provide for payments by instalments. This was done in october 2009. (4) Since then I have heard nothing from them expect from them sending me at the time the final paperwork. I haven't been ordered by the court to pay any monies to the charging order. (5) I have two children 9 and 11 in the property, everything is based around me living in this area. (6) If I thought I could sell it to clear everything I would, however, even if I was bankrupt I'm in a weird situation of the mortgage payments being lower than rental properties even though (a) have negative equity and (b) the house wouldn't sell anyway therefore any monies left over would be less than I have now because of the rents. (6) Restons do not seems to be aware of any of this ..... The question is what do I do next? As I have already entered into bound agreements by the court for the suspended repossession orders and for the council tax and a CCJ i am paying etc which needed to take into account all my spare income over the next 5 years I don't seem to have any room for anything else without breaking the suspended order. .. even then the house would make a loss and barely cover the first mortgage, which is why the court allowed the suspension in the first place. What do I do?

Good Evening I am wondering if you can help me you as people helped me lots throughout a suspended repossession For a while I have been corresponding with Restons Solicitors who are acting on behalf of Cabot Financial (uk) Ltd, who I believe have bought a debt from British Credit Trust. The debt was for a hire purchase vehicle which was returned to them before the half way point of the agreement when I fell into difficulties in 2008/2009. This is when the agreement was with British Credit Trust. At that point British Credit Trust obtained a CCJ and the whole sum was ordered to be paid forthwith. The sum was £11553. As I couldn't pay the sum and it was the last thing on my mind they obtained a final charging order which is on my property now. The property is in joint names and only my name on the debt. This is where the debt has been left, as a charging order. There isn't enough in the property to clear the 1st and 2nd Mortgage the current shortfall to clear them without any charges is approx £15,000 (both with suspended repossession orders) however always stuck to the agreement. When Reston first got in touch all the correspondence stated Cabot Finanical and nothing else, I wrote to them with a SAR and asked them to clarify which debt they were talking about. They refused to talk to me as i couldn't prove who I was and they returned the monies and wanted a signatures on paper. As I didn't know what the debt was for at this time I was very hesitant on providing this information, all I wanted to know is where the debt had come from. A day ago I received the court forms for the CCJ from Restons and from that I have established it is the debt from British Credit trust which is a charging order on the property. So.... my question is ...... now what the debt already had a CCJ and attached to my property and they are going for a second one? I cannot afford any real payments towards this debt as I have arrears on mortgage second mortgage, council tax (however payment plans in place for all and working well). If I could sell my property to clear all debts etc I would but I have been advised against it as my mortgage payment even with the arrears payment is really small compared to a rental agreement. I have a feeling Restons doesn't know about this history.... what do I do? Help! ps. thank you in advance.

Hi CitizenB - no they just provided another arrears statement which again didn't tally with any of the other figures provided, In fact it had increased by another £200 to a recent previously dated letter? Yes, £1200 is only half of the costs which I have pre-estimated. They have provided me with a list of the admin fees which they will refund as a goodwill gesture and dates when these were credited to my account but these are random which no apparent reason behind those dates (no explanation given either). I accept that my account hasn't been run great, however, how can they "pre estimate costs?" doesn't it have to be the actual cost they have incurred, how will they ever know if their pre-estimate is over and they haven't detailed what formula they use to 'pre-estimate these costs". They could be making a nice profit off there pre-estimate.