In brief.. I hold a charging order on a property The debtor became bankrupt last year and it seems has now been discharged. As the charging order survived the bankruptcy my question is.. Can I still go down the route of enforcing the judgment in the usual manner, for example, could I apply to court for an 'Order to Obtain Information' etc A little background info.. The property in question has a mortgage. The mortgage lender took the debtor to court and obtained a possession order in July 2015. To my knowledge the mortgage lender still hasn't acted on it yet. Any thoughts welcome and thanks in advance

Hi All, I urgently need assistance. Background - I'll try to be as brief as possible.. my husband entered into an IVA agreement over a year ago and listed all his creditors with some being debts from repossessed properties. An arrangement was agreed which he adhered to around March this year he received a letter from PARATUS that we were about to sell our home and they object to the IVA citing the fact that they were not included in the arrangement (which according to them they would have voted against anyway, as they can see there is equity in the property!). Alarm bells started ringing because: 1. the house was not on sale (we later found out it was our neighbours property that was listed). 2. The terms of the IVA was that after 5 years, the property will be revalued and HIS share of the equity will be added to the pot. 3. When the IVA was arranged, the property was in negative equity 4. We were not aware that GMAC (the details my husband submitted to the IVA company) had changed their name to PARATUS. The Insolvency practitioner also did not follow up when there was no response from GMAC so a nominal fee was appended for those debts. We tried to explain that this was a genuine mistake due to the name change and we offered a new payment arrangement to include them and give them a bigger share. This was rejected twice, PARATUS applied to have the IVA revoked which was successful because their share of the debt was 12% or so. They claim to have sent letters which is a lie because we requested for copies and we were sent some unsigned, undated letters on plain paper- no logo/letter heading etc. They applied to court for a charging order in Norwich. My husband wrote to the court to request that the hearing be moved to London so he can attend and wrote the above points also to the court regarding the fact that they concocted letters and that new payment offers were rejected. The location was not changed and the court allowed the order! I have received a letter today that they want to place the charge on the property and if I wanted to contest it as I have a home rights notice on the property.... . what can I do please? Please note; 1. We received a letter from PARATUS a few weeks back after my partner complained to them and they clearly stated that they would not have written to him about the change of name as they only notified people who had active mortgages with them. ...how come they were able to produce those letters? 2. Why did the court discount my husbands supporting letter? 3.Property is in my husbands name and the debt is solely in his name however, but I have registered a home rights notice on it. I have contributed financially to house running costs and lump sums towards the mortgage payments. 4. The original IVA clearly stated His share of the equity will be brought in AT THE END OF 5 YEARS, PARATUS are saying they do not consider that I have a beneficial interest because it was not registered on LR 5. We have 3 children, youngest is 9. 6. It is obvious this is an unscrupulous company but it seems the law is on their side. I have 14 days to raise objections....,any pointers please? Apologies for the long post

Dear all A current AST comes to an end on a property on the 17th August. When my agent enquired whether the tenants would like to renew, they told him they were splitting up. On this basis my agent advised issuing a S21 as he was concerned about affordability. The tenants are an unmarried couple with three children. One of the current tenants (male) is now starting treatment for a serious condition and now the partner of the sick tenant has texted me offering me 6 months rent upfront to stay when the AST ends as she says that they are working on getting back together and don't want the stress of moving. There is a guarantor already in place for this AST plus 6 months deposit. I am tempted to accept this as it will avoid a void period. Is there anything to be concerned about? I know Johnson V Old has ended concerns about registering rent upfront as a deposit. If I accept this, should a new 6 month agreement be put in place (as my agent suggested)? Or should I let it go on to a monthly rolling tenancy? What about the notice period and serving a S21 when the 6 months draws to an end? The female tenant apparently told my agent 3 weeks ago when we sent the S21 that she would stay on regardless (seems to have backed down on this though) - so I am slightly worried about her volatility. It would have meant I would have had to get a possession order. My agent's renewal charge is 4 %. Would you expect that a 6 month renewal means that I would pay 4 % on the 6 months rent? Sorry if this post is confusing. I guess I am asking if anybody thinks it might be a bad idea to let them stay on after the threat of staying after the AST expires. Obviously they still might if the council advises them to stay and the 6 months upfront would mean this potential disaster is abated but what are the issues after the 6 months elapse? Thanks in advance for any advice

Hi all, my daughter has received an Interim Charging Order for a £2700 debt incurred by her sister, jointly named on the paperwork. She has no knowledge of this, and also, Lightfoots appear to have obtained this order by using Land Registry search and she has received absolutely no other communication. She has no CCJ's showing on her credit report, but we have found other defaulted loans she knows nothing about. However, TFS isn't one of them. She is paying her mortage on a house with negative equity, having been left in the lurch by her former partner, so the mortage is still in joint names as far as I am aware. The covering letter gives her 28 days to respond, what should she do please

There continues to be confusion about the charging of 'multiple fees' by bailiffs when enforcing more than one warrant (or Liability Order) at the same time. This confusion has lead CIVEA (Civil Enforcement Association) to seek legal opinion on the subject and as a result, they have issued the following Guidance to all their members. CIVEA Guidance Notes are designed to address issues which have arisen on the proper interpretation and implementation on a particular part of the regulations (in this case, 'multiple charging'). PS: CIVEA represent the interests of all private certificated enforcement agents in England and Wales. http://www.civea.co.uk/editorimages/Multiple%20Instructions.pdf

Major high street stores have been accused of ripping off shoppers by charging up to 10p for paper carrier bags – despite them being exempt from the new laws brought in last month. Outraged shoppers have hit out at Debenhams and House of Fraser claiming they are 'cashing in' by charging for paper bags when other high street shops offer them for free. House of Fraser has said the charge for paper bags had been introduced for 'ethical and moral' reasons, and that all proceeds would be donated to charity. However, shoppers have taken to Twitter to express their anger at the charge. Read more: http://www.dailymail.co.uk/news/article-3316789/Debenhams-House-Fraser-charge-PAPER-BAGS-Tesco-started-giving-away-free.html#ixzz3rO4sQfEX

Hi, this is my first post on the site and I hope someone can help. I am self-employed, based at home and have 2 Limited companies (1 active and 1 dormant). Business has been very difficult over the last couple of years and cash flow has been a major problem. On the 9th July a high court writ was issued against my dormant business for £1,717.66 and Court Enforcement Services Limited were given the job of enforcement but I did not receive any Notice of Enforcement from them. On the 1 Aug, 2 enforcement officers came to my home (where the dormant business is registered) and said they were High Court Bailiffs and had come to seize goods. I asked to see the writ but they only very briefly showed my an Ipad type device but wouldn't let me examine it. They then just brushed passed me and entered my home through a patio door. I informed them that I had not received any notification which they just dismissed out of hand and said that we were now at stage 2 anyway. I told them I didn't know what they were talking about and needed to see the proper documentation. I asked what the amount owing was and they told me £3,399. I told them that the business was dormant and had no assets and they said that they would take whatever they wanted from the property and began collecting my laptop and printer. I told them that those items did not belong to the dormant company but I was told I had to prove it. I began finding proof for them and I also told them that removing any other items was going to affect my ability to work and run my active business. They ignored this. Having proved I owned the items I was asked if I was refusing to pay which I said I wasn't refusing to pay I just needed some time to get the money. I was told I needed to pay immediatley or other goods would be removed. They threatened to remove a horse transport lorry whose value is far in excess of the amount owed. I was able to prove that that vehicle was on a HP agreement. They also threatened to remove horses from our field. I had to repeatedly ask to see paper copy of the writ and they eventually went to their van and printed one. That is when I saw that the original amount was only £1717.66 and I asked why they were demanding so much more. They said it was down to the fees that had been added. I asked for a breakdown of their fees and they said they would provide that later but said that because I wasn't going to pay we were now at stage 3. I told them I still didn't know what they were talking about but they didn't explain. I had also been telling them that I could pay because I was owed money through my active business and the payments were due to go into my account at any time (I even had remittance advice notes from companies making payments but they were not interested). They repeatedly threatend to remove goods and apply more fees unless I paid immediately and they then began going round the whole of my house (kitchen, bathrooms, bedrooms, childrens rooms etc.) looking for things to remove, I told them I needed some time to make some calls and get the money, which I did. Luckily I was able to get someone to pay me straight away and once I had received the money in my account I paid the enforcement officers by debit card. They wrote me a receipt but failed to give me a breakdown of the fees. I asked for one but they claimed they couldn't get an internet signal to print it from their van. They said they would email it to me but I didn't get an email from them either. I emailed their office the next day and they provided this breakdown: Dear Sirs With reference to your email dated 2 August, please see below a breakdown in this matter as requested: Writ amount: £1,717.66 Interest on writ amount (@8%) from date of writ to date of payment: £9.46 Compliance Fee: £90.00 Enforcement Stage 1 Fee: £228.00 7.5% Fee of amount over £1,000.00: £65.41 Enforcement Stage 2 Fee: £594.00 Sale of Disposal Fee: £630.00 7.5% Fee of amount over £1,000.00: £65.03 Totals: £3,399.56 The above fees are inclusive of VAT at 20% They also added: "There is no requirement to actually remove goods for the Sale or Disposal fee and 7.5% fee to be applicable, the commencement of the process is sufficient for the application of the sale or disposal stage fee." Having done some reading and trying to check the facts I think they have charged too much because this was their first visit and full payment was made, no initial Notice of Enforcement was received, they failed to give proper notice of moving to the next fee stage, no 'Notice After Entry' form was given, nothing was itemised or removed, no control of goods notice was written up or issued. They also knew the exact total figure (Including the fees) shortly after entering the premises. They provided no explanation of that, or their fees and no explanation of my options/consequences etc. They were just very high pressure and applied more pressure whenever I asked a question. I am going to make a complaint to them because I believe they have charged too much and I think I should be refunded some the fees. I accept that they attended my property so up to level 1 Attendance on the fees scale is correct but above that I think is incorrect. Can anyone with knowledge in this matter please advise me? Sorry if my post is too long but I wanted to give as much info as possible. Any help or guidance will be greatly appreciated! Thanks.

Hi I would be grateful for advice on this. I sold my house two years ago with a number of interim charging orders on it and purchased a new property. My solicitor advised creditors after the sale. So far, so good. I had a payment plan £32.50 per month in place with one of the creditors HFC - Mortimer Clarke - MCE Portfolio 12 months ago they stopped taking payments and I didn't think anything of it this week they have been in contact asking for an updated income/expenditure statement. When I called them to ask what this was about they were a bit put out that I had moved without paying them back, or providing a new address. The debt is from a CCJ in 2007 from HFC for £8,400 and as I am in a new relationship I need to sort this out asap. I asked about a full and final offer but all they would offer was £6,700 which I can't afford. Any ideas about what they could do if I just ignore them? Can they apply for a new interim charging order? or attachment f earnings, for example? I don't really want to get into a review of my finances as this had nothing to do with my family (wife and young daughter) and I don't want a negative impact on our family finances. Thanks

(I'm not exactly sure what forum this should go in, so I'm posting it here, but Mods please feel free to move it.) I'm going to charge Anglian Home Improvements £500 each time they continue to harass/phone me I have reached the Samuel L. Jackson Fury Event Horizion - "Enough is Enough! I have had it up to here with these [edit] Double-glazing salesmen on this [edit] phoneline":-x I'd appreciate some advice on the specific OFCOM guidline and law acts I can use against them. Dear Anglian, I have, over the last 6 months, received dozens of phone call from you, some silent and putting the phone down immediately I answer, and some asking to speak to a "Mrs Gardner", presumably the person that had this phone number (REMOVED) before me. I know the calls are from you due to the caller number display. Every single time I request, as is my legal right, that you stop calling me immediately and that you remove my phone number and all other information from your system and never call me again, your phone operator always agrees to do this. Despite this request, you continue to phone me at all hours of the day and night, and even when I inform you that I am not the person you are looking for you still try to sell me something. Let me inform you of some facts: (1) I have NEVER contacted you, requested a quote, had business dealing with you or otherwise made any contact with you previously (2) I am extremely ill, severely disabled and bedbound due to an incurable illness. I often have to rest or sleep during the day or evening. (3) The phone number you keep ringing (REMOVED) is for EMERGENCY use only, and hence each time I hear it ring, I can only assume it is an emergency. This stresses me, and my illness is one that, if I am stressed, my illness gets worse. Hence your insistent calls are causing me actual harm. (4) You have ignored my request to remove my number from your records on EVERY SINGLE OCCASION, thus breaking the OFCOM GUIDELINES ???? and the LAW ACT ???? Protection from Harassment Act 1997 (5) From this date onwards I am applying a schedule of fees for every phone call I receive from you to compensate me for my time and for the damage to my health, and for restitution for the HARASSMENT from you. The fees are as follows; Receiving phone call from yourselves = £500 Receiving SILENT phone call from yourselves = £750 answering email from yourselves = £250 answering unsolicited letter from yourselves = £250 personal visit from yourselves = £1500 Writing letter to yourselves = £77.34p Continued phone contact or extended other communication from yourselves shall be consider acceptance of this schedule of fees. All communication may be recorded and made public. Continued ingnoring of my requests will lead to legal action. Yours sincerely Mr Mongoose

ADVICE PLEASE I have an appointment with CAB re Interim charging order application and stopping it becoming a CO What are my chances of preventing this? Debt in other halfs name I pay mortgage and all bills, we are no longer together but I didn't have money to get his name off mortgage or deeds even though he would happily agree to this

Hi there I defaulted with a loan with Northern Rock (or NRAM) who then secured a charging order on my home on the 13/3/2007. (My name is the only name on the mortgage and for clarity no regular payments where instructed to be paid) Roll on to now and NRAM have sold the debt onto Marlin who are now hassling me for payments. I got a court letter through the other day which was a "substitution of claimant notice" which im assuming means Marlin now legally owns the debt completely. I've done a search on Trustline and no judgements are showing against me which im assuming is because over 6 yrs have passed Just need to know whats the way forward for me now and where i stand considering there is a charging order on my house and yet they want me to make payments ? Thank you Paul

Hello, I'm after some help and advice. Briefly - Restons obtained a CCJ against me for a £1200 debt in March this year, I was ordered to pay £25/month. I have been making the payments as ordered and on time. At the weekend I got a letter from the Land Registry saying Restons had been granted a Charging Order against me (dated 18th July 2016) and did i want to agree with it or dispute it. The thing is I havent had anything in the post from the courts about this and its come completely out of the blue - nothing from Restons warning about it either. What do i do? Thanks, Gary

http://www.mirror.co.uk/money/high-street-banks-charging-customers-8381277 Got to get back some of that money they have been fined over the past couple of years !!

I have a CCJ hearing on Wednesday about an outsanding "finance gap" debt after repossession of a vehicle last year. Would be grateful to hear of relevant precedents/case law. I bought the vehicle under an HP scheme, transferring in a part-ex finance gap from a previous car. Payment problems after loss of business caused me to default and the vehicle was repossessed last October. Court date is Wednesday. My initial defence was that the price they gave for the auction figure cannot be sufficient, that it is unjust to take their word and they had produced no hard evidence of the auction price. The finance co's solicitors have since come back with documents justifying the auction price. I want to argue the 1/3 paid issue (repossession was without a court order and under some duress off private land and without my consent, so there may be other issues to argue as well) but there seem to be many views on what precisely constitutes the "1/3 paid". These are the figures: Original total price (April 09) £ 34,001 Part-ex in from previous vehicle £ 3,848 My initial deposit £ 7,500 Balance due (this was financed) £ 30,350 Charge for credit was £ 9,024 60 monthly payments of £ 650.15 Claimant's solicitor is arguing that I paid a deposit of only £ 3,651 as the remainder was to cover the previous finance gap from the part-ex vehicle. This is almost certainly false, as the documentation clearly shows me paying a deposit of £7,500 regardless of how it was used. Prior to repossession, I had repaid approx. £ 6,500 in installments. Therefore the total of my installments + initial deposit was roughly £ 13,500 which appears to be more than 1/3 of the total sale price. Would be grateful for any suggestions!

Hi all Got a letter from OPUS saying they were increasing my rate by 6% and using the reason "Pass Through Amounts" increase (PTI). Havent got a problem with that as we already pay the CCL etc so figured it was another one of those, however upon checking the bill there is no separate PTI stated, its just a set 6% increase on rates. I have checked the T&Cs and it states they can increase 2 ways. First, they can increase if the cost of the supply is more than the contracted rate. However this doesnt apply. Second, they can increase if due to a rise in the PT Amounts. However shouldnt PTA be separated on the invoice, ie like the CCL? To me it just looks like a rise for nothing? I have queried this again with them as my first dispute re this was before I got the invoice and then I was told it would be listed separately. Now I have the invoice I want proof this is a PTI. Anyone else had similar issues and am I right in challenging this? They have a clause stating that I can cancel my contract if they rise in breach of clause 8.1, ie if the cost of supply is more than the contract rate. Thx

Hi i wonder if you could help/guide me I have a charging order on my property for £10,750 from 2006, it was applied by alliance and leciester for a 10k loan I took out for my exgirlfriend (girlfriend at the time) for her parents company and they couldn't get credit they had the money in 2004 and ended up not affording it and missed payments and I couldn't afford it or get credit so it ended up a charging order as I buried me head in the sand as was only 20-21 I never knew what it was at the time, I am now trying to get a bigger mortgage before moving and this has come up blocking it How do I go about removing it before or with the house sale Many thanks

needed an Interim Service ASAP,checked online Kwick Fit, cost advertised £69.95,phoned local branch they could do this in 4 days time,which was just OK, and they repaired a puncture as well,on returning home I found that they had charged £99.95,for the service element,phoned them and the branch stated if I had booked online it would have been a week before the service could have been done.Not Happy sent of the online complaints form to head office, stating you cannot advertise a price online and then allow your branch manager to charge what he likes,they say I should have arranged a reduction in price with the Branch Manager.The fight goes on,Perhaps next move Trading Standards Will never go back again FS

When Talktalk were hacked last year, they offered customers a free upgrade as compensation. They were able to add one of the following to their existing services with the group: TV content including movies, kids entertainment and sports; A mobile SIM with a monthly allowance of free texts, data and calls; Unlimited UK landline and mobile calls; A broadband health check by experienced engineers Turns out that far from free, Talktalk have been charging some customers TalkTalk customers should check their bill closely if they accepted a free upgrade, and make sure they are not paying for it. http://www.theguardian.com/money/2016/feb/01/talktalk-hacking-free-sim-offer-apology-charge

I would like advice please. The problem goes back some years. To 2008 relating to a personal loan from the co operative bank. A large loan of over 10k. I got a ccj and then an interim charging order and soon after a final charging order. However I was away as all this happened. I went to court and gave my side of the story. the judge set aside the original interim charging order. However what about the final one? As nothing shows on the land registry. I haven't heard from the bank again it's now 8 years on? Thanks everyone

Barry Beavis has just asked me to post up this petition for him. https://petition.parliament.uk/petitions/111925 Barry Beavis

Hi I've scoured through the previous posts to see if anyone has the same issue as me but didn't find anything thats close to my issue. I'm about to sell my house and have obtained my Title Deeds which have two interim charging orders, one for HSBC (in 2007) which I am aware of the amount and one for HFC (2008) which I have no clue who they are or what the original debt was for. I was made bankrupt in 2010 and added all of my debts to the bankruptcy papers, I believed that this included HSBC and HFC (whoever they were at the time). I have no paper work for either of them or details on my credit history. I was able to get some info about the HSBC one today. I have a letter from the Insolvency Services which states that states "Notice to Bankrupt of Intention to re-vest your Interest in Property I am writing to give you notice that I consider that the continued vesting of the property in your bankruptcy estate to be of no benefit to creditors. One month from the date of this notice, your interest in the property will cease to be a part of the bankruptcy estate and will automatically re-vest in you. I will apply to the Land Registry to have my interests in the property removed from the register" I understood this to mean that my property was not considered part of the bankruptcy. Can anyone advise me on what to do next. Thanks in advanced

Today the Judiciary released their long awaited Consultation on McKenzie Friends. Most importantly, the consultation proposes a ban on fee-charging McKenzie friends in order to protect ‘vulnerable litigants’ from unregulated, uninsured and unqualified individuals. The article from the Law Gazette website outlines the Consultation in detail (and the online comments make interesting reading !!!). http://www.lawgazette.co.uk/practice/judiciary-proposes-ban-on-fee-charging-mckenzie-friends/5053851.article

hi there not sure if this is the right place buthere we go five months ago i went into a buisness merge/partnership with a friend who is in the same line of business who was struggling financialy because i thought extra pair of hands would mean less hours for me. i left the partnership 2 weeks ago as he was hardly doing any work and i was working more than 80+ hours a week. i had agreed for a fixed income untill his debts were up to date at which point the profits would be 50/50 but he was not paying off his debts and just chilling leaving me to do all the work. i had a complete setup but he hardly had anything i even injected money into the business for stock but as i was seeing more of my hard earned money eaten by him i told hime i dont want to work with him and that i would just take all my stuff and set up shop back where i originaly had my business. when i went to pick up my things he told me that we need to sit own and do paperwork profit/loss before we do anything else so i had to wait so he can work it all out so i went home so i went home only to recieve a phone call from him threatning me, me being a nice guy decided instead of the police to get friends and family of our involved to sort this situation out and in return i just recived a invoice for my car at his place which i was not able to pick up because 1 he had it blocked in the yard 2 he threatend me so i did not go back just waiting for our friends to get a solution but now he has sent me an invoice plus all my stuff are at his place and the thing is we did not have a written agreement and the thing is i dont know what to do to get all my stuff back

Hi all, Hoping somebody may be able to shed some light on my question.. I have a judgment against an individual. I have come to realise his name is misspelt on the judgment. Have been advised by the court to make a formal application to correct this using an N244 form 'Notice Application'. My question really is regarding what court fee I am supposed to pay. Ive read the official fee guide but it doesn't make it very clear regarding this type of application. Any thoughts? Ive already emailed the courts to ask but thought somebody may have the answer on here. Thanks in advance

My husband has received an interim charging order, for a debt which is my husbands, solicitors for the bank of Scotland for approx. 9k, if I go to court to protect my beneficial interest in our joint mortgage, would they (bank of Scotland) then go for bankruptcy against my husband, if the court does not grant the charging order. Im not sure if I would make matters worse if I protected my interest, and just let them put the charge on our joint property. In short I don't think I should have my home sold to pay my husbands debt. any advice would be appreciated.