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Camino55

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  1. Hi, Just one last question - we haven't replied to the forms sent for the charging order - should we complete them? Thanks
  2. Hi I have finally got a copy of the original ccj which hopefully I have uploaded and attached to this entry. It does seem to have an agreed amount of £100 per month so from the advice kindly given it can I just confirm that they can go and whistle for the moment re income and expenditure forms but otherwise we cannot stop this happening and just have to hope they don't get nastier? Thanks again Retsons CAG.pdf
  3. Thank you everyone again for your help - will look into all of that!
  4. Hi, Ok, Thank you for that, you have confirmed what I was guessing - not a great deal we can do and as it is pretty much done and dusted then just keep making the payments. One last question, are they allowed to change the payment terms? They have sent her forms to assess her income with the letter?
  5. Thank you very much for your thoughts, I will see if we can get a copy of the CCJ pronto - the MBNA card was from sometime around 2002/2004 - I will confirm that exactly too. Is there still the ability to challenge the debt if the judgement is 3 years old and under an arrangement? Thanks again
  6. Hi, You are absolutely right, She was starting to get back on her feet, moved into the flat, had just got a job, was on her own - ish - and panicked when she got the CCJ letter. T elephoned them - made the arrangement - the rest is history. Sorry, and no, she didn't defend it. I think actually it may have already happened and she hadn't known about it because she had been living away.
  7. Hi, Be really really grateful for any guidance. Some years ago , -2007/8/9 we got into big debt trouble, lost our business and the only thing we were able to keep, amazingly, was a 1 bed flat in my wife's name which at the time didn't really have any equity in it so wasn't much point in selling. CAG helped enormously, RMA from Amex dropped amongst other things and over time most have stopped pursuing us. However while I know there are sadder stories out there than ours the stress added up and we also split up with my wife keeping and living in the 1 bed flat. In 2014 MBNA produced a CCJ against my wife for €14000 on a credit card she had back in 2002. She made an arrangement to pay £100+ per month and understood it was interest free etc, doesn't seem to have had paperwork on it. She has never missed a payment and the balance is now £11,000 odd. They only assets she has in the world is the flat (interest only mortgage but a low interest rate) - about £40k equity and next year at 65 she must retire from the NHS (4 years service won't amount to much). So, having got through everything she is in pieces having received a letter from the Land registry saying that they have placed an interim charging order on the flat in favour of Arrow for the £11,000 balance. The letter seems to read that they automatically place the charging order if anyone asks for one and it is up to the owner to challenge in the courts to get it removed - Fait accompli! Or is it? Please can anyone help with advice because looking for information on the forum and elsewhere it seems the way the Land Registry is presenting the information is along the lines of - Its already done and dusted and no chance mate in getting it removed if you have a CCJ, where I am reading that the is a timescale where you can challenge the interim order and there are grounds for a challenge such as there being other creditors whose claims would be unfairly denied (not sure that is necessarily a good way forward) and another one which is that we are in the process of getting divorced, with solicitors instructed, having lived apart for more than 4 years (I am not claiming anything but nevertheless it might be grounds to put a spanner in the works). Finally, are we worrying too much about it? I don't at all like the idea of them making unsecured into secured but as long as they don't move to repossess and the £100 a month agreement stays in force interest free should we twitch too much? Is that naïve? By the way if anyone is wondering why I am writing on behalf of my wife when we are getting divorced we are still friends/care/and although the debt is in her name it came about when we were together so is joint really anyway. Thanks in advance and time for your replies.
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