Hiya, my folks dad aged 76 are freaking out because the muppet debt collection agency keep quoting a debt £10,000 more than is the case because they reckon that they can charge interest on a charging order even though the default judgement and the final charging order makes no mention of interest and it was in respect of a defaulted credit card balance. Its proving difficult to convince the solicitors acting for the dca. can i apply to the court for a declaration and requests costs paid ?

Hi, A bit of advice needed please (for my mother, not me) My mother came to me last week, after receiving a bill of £103 from o2 for her contract phone, when i looked into the bill, online, i noticed that there was premium text messages from Lotto by Text, at a cost of £3.50 each, this month there was £22.50 worth of text messages, I contacted O2 and they found text messages going back to November of 2012, at a cost of 127.50 + Vat @20% Total Cost £153.00 I contacted Lotto by text and asked for further information, they have told me that on 26/11/2013 a text activation was sent back to them from the registered number, thus agreeing to the terms and conditions, and a contract was started. My argument is that the first message she received, she believes was in relation to a free text message about the lotto number each week. She has never replied to a message for them, nor has she been entered into any lotteries, or had any winnings or such from them. They did agree that they would stop the service immediately, and would be in contact with a letter, and an offer of goodwill in relation to the amount of charges, and the length of time they have been received. This morning, she received a cheque for £20.00. Personally i believe this to be an insult compared to the £153 they have earned from the service, out of which, my mother has not gained anything whatsoever, do i have anything that i could go back to them with to get a larger refund from them? Thanks

Yesterday I booked and fully paid for a hotel room in Cumbria for one night for myself and my girlfriend which included breakfast. I have the confirmation documents/emails etc, it was booked direct on their own website (using the Eviivo hotel booking system they're using) and paid for by Visa Debit card. This is not a big chain hotel, more the large pub style hotel/B&B and cost £45.00 for the total stay -the words 'total stay' were underneath the price of each room. At 22:05 last night, whilst drifting to sleep in bed, I get a call from the hotel to say there has been a problem on their site and the room normally costs £76.00, "so that's what I'll have to charge you unless you want to cancel." Half asleep, I told the woman I was in bed and if she realised the time. I also said I had made other plans on the back of this confirmed/fully paid for booking and that I couldn't afford the extra £31.00 and that she should call me tomorrow (today, 24th July). She seemed in a hurry to get me to commit one way or the other -hence the call at gone 10pm, which is far from what I'd consider customer service! In short, what I want to know is what I can do? What rights do I have and is there anything I can quote to the woman to 'persuade' her to let me go ahead with my booking as originally agreed. Granted, it seemed like a good deal (the reason I booked the room in the first place), but how do I know she isn't just ramping up the price/has a better offer for the room? I checked last night and the same room the day before my booking is also advertised at £45.00, hmm...!

Hi all I would be grateful for advice on the following - I share joint ownership of former matrimonial home with ex wife who signed her equity over to me as part of the divorce consent order agreement. Mortgage lender has agreed transfer of title to me but she has to stay on the loan. I have interim charging orders on the property for debts that were in my sole name. They are shown as restrictions against my equity my concern is once I own the title could the restrictions easily become full charging orders? I have remarried and would like to get my new wife onto the title. As I have a ccj outstanding the bank won't remortgage us jointly and I don't want a new mortgage as we might want to move next year and most adverse credit mortgages lock you in for the first two years. Wording of restrictions is No disposition of the [registered estate or registered charge dated [date] is to be registered without a certificate signed by the applicant for registration or his conveyancer that written notice of the disposition was given to [name of person with the benefit of the charging order] at [address for service], being the person with the benefit of [an interim]or [a final] charging order on the beneficial interest of [name of judgment debtor] made by the [name of court] on [date] [Court reference Thanks

Hi, This is my first post of CAG and would be extremely for any help this forum could provide. Will try to keep this short and to the point as much as possible. Position: 1. I have a property which I am looking to sell which is solely owned by me. It is currently rented out and I now live in New York. 2. I have a large amount of debt (solely in my name) which I built up a number of years ago for which I have not made any payments to in several years. 3. Checked the land registry and it shows I have 5 Interim Charging orders which were registered several years ago, below is a excerpt. None of them show as being set to Final. (23.10.2008) UNILATERAL NOTICE in respect of an interim charging order dated 2 October 2008 in the Lambeth County Court under court reference number XXXXXXX.. 4. I have sufficient equity in the property to repay the debt. Questions: 1. As the order are still interim and have been so for years does this mean its not gone to the final stage and if so what the the implications of this, are they still valid, can I have them set aside? 2. I know its wrong but am trying to limit how much I would have to pay back the creditors upon selling the property, if quiet frankly at all, although I suspect this wont be possible. From reading other posts where one has a restriction the solicitor can advise the creditors a week or two before completion by which time they most likely wont have time to respond and the creditor receives all the proceeds from the sale, would this be a option for me also? 3. I have received Full and Final offers from the creditors, would it be possible to pay them the reduced amount from the proceeds of the sale? Essentially trying to understand why the orders are still showing up as interim after so many years and what options I have to limit the amount I have to pay back upon the sale of the property and if the orders could cause an issue with the sale? Happy to provide more info. Many Thanks Kunal

These have changed recently - can anyone shed any light as to what the changes are and how they will affect people in debt?

Hi - could someone direct me to get help with charging order against my home please - need help asap

I got a parking ticket. Didn't get an NTO and awaited the Order for Recovery before completing the witness statement and sending the form off, in the SAME envelope as another witness statement for my sister (separate pcn). My sister received her cancelled Order for recovery back cancelled, but I received mine back revoked due to it being out of time?? So whilst im fighting this I have Newlyns on my case. They have charged me the following: March 29th 2013 £11.20 Letter HPI Check £20 5th April 11th April 2PM First Visit £57.00 April 17th 16:02 Visit 2 £39.00 April 23 17:51 Visit 3 £62.00 Now, we received the FIRST letter on the 11th April. This was put through the door but NO ATTEMPT to make contact was made as I was there at the time. On both of the other occasions I have also been there at the time of the call and NOBODY has attempted to make contact. In fact on the last two times not only was no contact made but nothing put through the door either. When I spoke to Newlyns on the 11th after getting the first letter I removed their implied right of access to my premises so i guess unless im mistaken, that they've shot themselves in the foot either way: If they've turned up they've committed trespass, if they didn't they've charged me for something that hasn't happened. Any advice on how i can go about clobbering these thieves? UKD.

A couple of questions about charging orders: 1) Am I correct in thinking that they never expire? 2) If a property is jointly owned and a restriction is placed as a result of a charging order does that restriction ever fall of the record through the passage of time. 3) I jointly own a property with my father through inheritance. I was in a dispute with a third party almost six years ago. They obtained a CCJ against me and placed a restriction on the jointly owned house. The restriction is somewhat odd in that it refers to an interim charging order only (I know final order was granted) and it refers to the beneficial interest of my father and not me. Does any of this give me a basis for challenging the restriction, particularly if the final charging order were to refer to the beneficial interest of my father when he was not the defendant in the CCJ?

Hello All, A friend has just informed me that Northumbrian Water, have charged him an extra £4.55 Dishonoured Direct debit fee after the DD for sum of £50 ish failed to be collected by them. Is this not another "overcharge penalty" for the service. All answers, advice and info will be gratefully received. "EXEMPLO DUCEMUS"

I was awarded a set aside, the other party did not turn up, sent a letter of discontinuance.(Mortimer Clarke) I was also awarded costs nearly £300 to be paid in 28 days, this time limit is up on Wednesday, no payment yet. What would be my first step to recover the costs

Good evening Caggers, could I please run a thought past you and get some opinions. I have a charging order (restriction really) on my property and it has come to light that the party named on the restriction sold the ccj and restriction within weeks of getting it (January 2012). I have checked with the land registry and county court and they have not substituted themselves as claimants with the court and therefore the restriction has the wrong company's name on it. Would it be worth a go at having the restriction removed via the court as the company named on it no longer owns the debt and the company that do own it have not legally (via the county court) changed themselves to the claimants? All thoughts welcome.

Hi, I am hoping someone here might be able to assist me. I owned two buy to let properties in NW England, that were in an area that became a no go area - all houses within 3 streets are now boarded up. To cut a very long story short, i stopped paying the mortgages and after various battles, one of the lenders accepted an offer of £10,000 as full and final settlement for their £130,000 debt. The other lender did not play ball and despite various attempts to settle, they are now attempting to place a charging order on what was until last year my family home. The debt is in my sole name, and our family home is in joint names with a joint mortgage that is probably £50k less than the value. We moved out of the home last year and now live in cheaper rented accommodation. Our home is rented out and this pays the mortgage and bills with a bit left over to help pay for other debts etc. I have a good job, but can't afford to pay the £90,000 I still owe the lender. So, in summary, the lender after repossessing the original property and selling for nearly nothing (they never told me how much they got. I know the first property sold at auction for £8k), now wants to take the money out of my former family home that is now rented out. Can I prevent them from doing this? Any advice will be gratefully received! LTP

Hi All, I have been floating around the site for a while and need some help now... Basically the background goes, I had a CCJ forthwith judgement made against me as my paperwork got lost in the post, Lloyds then tried to do a Charge on my property, I produced over whelming evidence before the Final Order hearing and recieved a letter from them stating:- Dear Sir, We are writing to you in regards to the above matter. We wish to advise the court that the claimant (Lloyds TSB) and the Defendant (Moi) have reached an understanding and the claimant has agreed to withdraw the Application for a Charging Order. Should you require anymore information please contact.... This was back in January 2008 (letter received 29/1/2008), I appeared before the judge on the 4.2.2008 and she stated at that point the case had been dropped and will be set aside. I am now in the process of moving home and my solicitor has stated Lloyds TSB have a charge on the property, so all in all what do I need to do to sort the situation?? As i don't want to lose my new house over this error... any help welcome...

I sent a CCA and was given a recon with no name; no address; no T&C's; no interest rate - nothing. I challenged it and this is the response - verbatim - which I received this afternoon - any help would be appreciated cos I am fuming! Also - thier figures do not add up - they say we owe them 1,800 but when I went through the statement they sent me they had missed off TWO years of payments at least! We actually owe them just over 1k. letter from them - "Further to my letter f 1 November 2012. I have now investigated your complaint fully and in line with our Complaints Proceedure. I am in a position to provide you with a final response. Our investigation has highlighted that we do not uphold your complaint. To enable you to understand the reasons for this decision, I would like to take you through the facts of the investigations and share the conclusions with you. Our Investigation On the 24 October 2012 we responded to your request for a copy of your loan agreement. In compliance with your request pursuant to Section 77 of the CCA we enclosed a reconstituted copy of the executed Credit Agreement and a statement of account. In accordance with the Consumer Credit Act 1974 it is acceptable to supply you with a reconstituted copy as the creditor or owner may not have preserved a copy of the executed agreement. The requirement allows us not to provide an exact copy, a carbon photocopy or microfiche copy and we can therefore provide a reconstituted copy. Our Findings We are confident that all our agreements are properly executed and not open to challenge. Even if, which is denied, the agreement is improperly executed then all requisite Schedule 6 information is included sufficient to allow the court to permit enforcement. You must take whatever action you conside necessary, however, we will not be releasing you from any obligation. Furthermore, a request made under section 77 of the Consumer Credit Act is not a provision to remove liability and if you believe that the above agreement was not entered into by you and therefore believe fraud to have take place, you should report this to your local police station. The current balance is £1813.43 which remains outstanding. If however you are experiencing financial difficulties please contact our office so that we may discuss mutually agreed repayment proposals. Please note that, under the terms of our Complaints Proceedure, this is our final response. If you are dissatisfied with it, you may refer your complaint to the Financial Ombudsman Service. You need to do this within 6 months from the date of this letter. For more information please read the enclosed guide 'Your Complaint and the Ombudsman'. The address of the Financial Ombudsman Service is: Financial Ombudsman Service South Quay Plaza 183 Marsh Wall London E12 9SR I also enclose a copy of our internal Compliants Proceedure for your information. Once again, we are sorry for the inconvenience we caused you and hope you will find that the points above offer a fair resolution.

I lost a case as the Claimant a few months ago and the Defendant was awarded costs. I have tried to come to a repayment plan with the Defendant but have not been able to reach an agreement. I then applied to the court via an N244 to have a hearing and to request a repayment plan be taken on the order. I was given a date of the 27 February to hear this, however yesterday I received an interim charging order. This will also be heard at the same time. I have read the guide on here but a great deal points to it as a debt owed to a creditor via some form of consumer finance etc. This was a costs order that they are trying to enforce on a charge, should this be treated any differently? The house is in my name only currently, I have a mortgage on it, however I am to get married in June - I have already been in touch with the mortgage company about this and changing it. I was told that was possible to do. Can I still go ahead with adding my partner to the property prior to this hearing? Would it look bad or prejudice me? The other complication on this is my parents purchased the house some 10 years ago when I was at university and they rented it out, just under 5 years ago they sold me the house and gifted a portion to me on a proviso that I would repay them within 5 years an amount of money. If I didn't it was agreed that they would obtain part of the value of the house back to them and would agree to a security on the house themselves. The 5 years expire this year, how does this affect them and me? Thanks for the help

Hi, hope someone could help me with this. I was out of the Country for a while, upon return I Emailed my Council to ask if I had any outstanding PCN's. They said I had one, which I paid. I then confirmed that was all outstanding tickets. However, I have just had a "Certificated Bailiff" post something through the door for an outstanding PCN for the same Council and they have charged £232.80 for the visit bringing the total to £477.04. Couple of questions (1) £232.80 for a visit?? Is that Legal?? And (2) The Council said I didn't have any outstanding tickets so what should I do with this bailiff letter? I'm just worried as my car is parked outside and these Bailiffs are a law to themselves and I'm sure saying "the council said I didn't owe anything" won't be listened to. Any advice would be appreciated. Thank you D

Hi Guys, I am sure that this has been asked a thousand times but I have tried searching and cant seem to find a definative answer. I have requested the breakdown of charges from equita and they are as follows: Debt: £263.16 Statutory Visit Fees: £42.50 Levy Fee: £31.00 Attendane Fee: £140.00 Card Fee: £1.00 Total £477.66. So firstly I have only ever been visited twice, both times I was not at home so their visit fee is correct. BUT, the levy fee and attendance fee?? I have never recieved notice of the levy or why they would bring a van to take goods that I have not had notice of. Also, I live at my partners house, it is not my house - if they gained access for example through an open door and did a levy of goods can this be classed as trespass as I had already informed them at the beginning that I did not own the house or the belongings within the house which if they record calls they will have a record of this. Is there anyway I can claim back the levy and attendance fee? Just little help would be gratefully recieved. Thanks for looking.

I have searched but couldn't find the answer so... Is it normal for a DCA who have purchased a Credit Card debt to obtain a Charging Order to secure the debt? I did a little research on the net and found a CO can only be applied for if a CCJ or other court order is in place on the debt, where I'm confused is if the DCA has purchased a £5000 debt for say 10p on the pound (£500) and can apply for a CO to secure the debt, surely this gives them a very easy way to make a lot of money!?

hi we have been paying our ccj off now for about 3 or 4 years and was wondering if there was any chance of us getting a charging order removed from our home. We have never missed a payment on the ccj and the debt has been sold on a few times to my knowledge. So what if at all would be the way to go. Thx for any help...

So we had a judgment in our favour dated 13 Feb 2012, this was for £714.2 (£675 debt and £39.2 interest up to judgment date) and £175 costs. We have since paid for a bailiff but this was unsuccessful. We are now applying for a charging order against his property, how do we calculate the interest? I know it's 8% p.a. or 0.022 per day but is the interest on: (a) The original £675 (675 x days since judgment x daily interest then add the original £39.2 back in) (b) The total amount in the judgment £889.2 * daily interest rate * days since judgment © The same as (b) but can we include the costs we paid to the bailiffs? Many thanks

Can someone explain charging orders for me please. If a DCA started a claim prior to October 2012 but it hasn't yet reached its conclusion (i.e. no judgement for or against) can they apply for a charging order or do they have to wait until the court hearing to see if they win or not.

hope i have put this in the right place...charging orders are very frightening to many people this could be the start of some important changes.... : OFT imposes requirements on RBS/NatWest over charging Orders OFT imposes requirements on RBS and NatWest about use of charging orders 03/13 11 January 2013 The OFT has imposed requirements on Royal Bank of Scotland plc (RBS) and National Westminster Bank plc (NatWest), both members of the RBS Group, to address concerns about the way some customer debts are enforced via charging orders. A charging order is a court order that places a 'charge' on a debtor's property, turning unpaid, unsecured judgment debts into secured debts. This means that once any prior ranking charges on the property have been settled, the debt must be paid back out of the available proceeds of sale when the debtor sells the property. A bank or other creditor which has obtained a charging order can also apply to the court for an order requiring the property to be sold, but this happens only in a minority of cases. Charging orders are a legitimate way to secure and ultimately recoup unpaid debts. However, an investigation by the OFT concluded that there were problems with the way RBS and NatWest were using them. The OFT's concerns included an apparent failure by the banks to consider customers' financial circumstances and the proportionality of the approach before asking the court to put a charging order in place. For example, the OFT found evidence that the banks were not always taking account of customers' efforts to repay debts using a debt repayment plan or other method, and that many charging orders were used to secure relatively small amounts of debt, sometimes below £5,000. The requirements imposed reflect proposals made by the two banks. David Fisher, OFT Director of Consumer Credit, said: 'Lenders are entitled to use charging orders but they must do so proportionately and not to secure relatively small amounts of debt. 'Where we consider the use of charging orders to be unfair or oppressive we will take action to protect consumers.'

Advice needed During 2007, I fled a jointly owned property from an agressive partner, a company say they have issued a CCJ against me at this address and have been successful in obtaining a charging order against the property. As i had no access to the property I never received any Court paperwork. I have also received my credit report after the alleged ccj was obtained and its not showing on my credit report as being obtained, how do i remove charging order and how did they get without a ccj????

I have a mortgage with NatWest. In order to continue paying the mortgage I moved out and let the property to a tenant, at the same time putting the house up for sale. That was ok for about 20 months, but there has now been a gap of three months with no tenant and so have mised three payments. I am hopeful of a new tenant this month to restart normal payment. Now, they have written to say that tenancy was not authorised and because of arrears they are starting repossession proceedings - no default notice or anything. I did write to them at start of tenancy telling them what I was doing and received no adverse comments then..so to me that is tacit agreement. The arrears represent a tiny 0.8% of the mortgage outstanding and there is a lot of equity in the property. Can they repossess if a new tenant goes in and repayments start? If they do repossess how do i know that they would sell it for fair market price rather than just to cover their mortgage?