Hi All, Hope someone can give me a little advice! Before I start my story, I should say that since September I have not been at my main residence due to a stay in hospital and recovery period at my parents. I have only just returned to my main residence and have discovered the following situation: I used to have car insurance with elephant, which expired at the start of October. They then tried to bill my debit card, which had also expired, for another years insurance. Obviously the payment failed. They did send me 2 letters saying this, but I didn't get them as I was still in hospital. They then proceeded to cancel the insurance they tried to set up for me and bill me £75.94 for a cancellation fee, which has now been forwarded to direct legal & collections and raised to £95.94. Can anyone give me some advice on where I stand on this? In my view, they are charging me for a cancellation for a contract that never existed! How can they charge me a cancellation fee for something that wasn't in existence? I tried phoning elephant today, but their offices closed at 5pm. I will try again tomorrow but would like to know where I stand legally. Thanks, Andy

Dear All, I am seeking some assistance on a Final Charging Order I have received from DrydensFairfax solicitors acting on behalf of Arrow Global Guernsey Ltd. I had a credit card with Mint which has been in dispute since 2009. I have not received what I considered to be an enforcable agreement document based on the 'four corners rule', when I asked for a copy and hence the dispute. In May 2011 I received correspondence from Arrow Global Guernsey to say they had obtained CC judgement against me for nearly 5,000 GBP. I have lived in Indonesia since 2007 and have not received any paperwork before this notification, and certainly no court papers. Despite asking for a copy of the Agreement from AGG it seems they obtained judgement from the Court without providing any supporting documents...my lack of defense it seems was enough. At the same time it appears that Drydens also gained an interim Cahrging order against the property I still own in the UK. Most recently, despite my protests, they have now gained a final charging order and are asking for proposals, before their client 'considers further legal action'. What are the best options for me in this situation? Should I : Apply for the original judgement to be set aside? Based on what..non receipt of any papers, or the unenforcable agreement? What 'further action' can they take..and can I stop this due to being non resident in the UK. Drydens have had my address in Indonesia since 2011, yet I only found about the interim charging order when the Land Registry wrote to my old address and this letter found its way to my parents. I did also email them when I heard about the Final charging order date, yet they proceeded knowing I wasn't able to attend. Any advice kindly taken.. Any response anyone? I would really appreciate any advice.. Bump

Hello, I'm so worried and slept very little last night DLC bought the debt I had with MBNA, and along with lots of other creditors I have been paying a fixed amount each month and never missed a payment, they called me last night wanting to take my £5.00 a month to 1 percent of the balance which would make a payment of £85, I told them that I have little to money left at the end of the day and am paying off 11 other creditors, they say they will now go and get a charging order and force the sale of my home, at my age I will never get another mortage, I feel sick to my stomach. Any advice would be greatly recieved I have called the old CCCS and they have made an appointment for me to speak to someone in regards to a possible IVA as I have been juggling all this debt for two years and am shatterd by it and the late nights calls.

(hope I've posted this in the right section, I did look through them all but unsure) The situation in brief is that I run a limited company with a customer who has a debt long overdue (more than a year). Despite numerous attempts, the customer either doesn't reply or makes promises to pay back in instalments that are rarely met. As the customer (a registered but not ltd company) is abroad, it is a much harder process to recover debt, and usually results in them disappearing and not honouring payment for goods already supplied (and sold by them!). In the time we've done business together, the customer has used a number of credit cards I have access to through my secure payment system, one of which was used a few months back for a single instalment payment (one of very few). Given I've tried now for months to get hold of the customer with no success (though they will reply to email addresses I've created posing as a potential customer), do I have any rights to charge the instalment to their credit card without permission? They wouldn't authorise this, but did acknowledge that they would contact me each month to make payment without fail (failed 3 months in a row). Any ideas where I would stand? I naturally don't want to leave someone out of pocket if they are struggling, but as a single company owner relying on the money coming in to pay the bills, why should I suffer. PS - Have gone through the European Small Claims court with another customer a while back and whilst it is easyish to get a court order against them, getting them to pay is a completely different matter, which is why I'm considering this route first...help!

My partner a number of months ago got a couple of items from the cataglogue company isme. Everything was fine the first month. But every month since the statements are getting sent out and keep getting a £12 late charge each time. She is always paying a couple\few days before the statement says they want the money yet the next statement indicates they receive the payment late yet she is paying it within the date stated on the statement. She is paying it via the statement in the bank in person on a working day, always on a morning so the payment, like every other bill we have ever payed this way gets payed straight away on the same day\date. But each next months statements is trying to suggest she has payed it late and always tends to be the day after they are claiming the payment is due. So in each case they are saying she is paying as much as 2-4 days later than she is. Last month her statement never arrived so she called them, and got a late bill and asked to pay double the next month or something. But after she received the last bill but before she payed it she had a call saying a payment was due and they pretty much demanded it was payed by card over the phone. She refused this stating she has an in date bill that she will be paying on time. It was payed on time but yet again they are claiming to receive the payment a number of days after the payment was made. Last months, all payment they asked for was payed on the morning of the 29th yet the current statement is claiming payment was received on the 31st and the actual payment was apparently due by the 2nd of this month, so on time. But there is now another £12 payment on her statement for this month that they have detailed on a second sheet as a Debt Collection Telephone Call Fee!!!. This seems to be for the phone call made after the last statement was sent & received yet before payed (payed on time as per above) made reguarding the payment reguested in that same statement last month which was payed on time. They are seriously taking the (edit) trying to charge for a call asking for a payment but requested in a statement before the statement states it was due yet the call has been charged £12 on her statement simply because they made the call asking for the payment outside of the statement. By now they must have received near double the cost of the items in so called late fees alone while the account balance remains the same. Any advice as my partner and me are highly annoyed and are feeling we should refuse to make any futher payments untill they sort out what keeps happening and why they are now charging £12 for calls asking for payments before the statements state they are due.

Hi, I had a CCJ with Natwest in mid 2007. The CCJ was for approx £15K and I was ordered to pay £10 per month by the Judge. A charger was also unsucessful. I recently SAR'd Natwest for PPI and I have noticed from both my credit files and bank statements that they have been charging me up to £100 per month since the CCJ in Interest up until November 2011 when they finally stopped. I was not aware they were doing this as I have NEVER received a statement since the CCJ for my current account I only receive an annual statement from shoesmiths for the loan. I am furious as my current account now shows as £6.5k in arrears! this has added a whopping £3.5k onto the debt that I knew nothing about. I recently just won my PPI for £3.5K which they are crediting back to the loan so I feel this was a waste of time becasue I am still in exactly the same position as I was when the CCJ was entered in 2007. Is there anything I can do about this? I know judgements over £5K can still attract interest but I tohught they had to tell you and send you statements. My debt will never be paid off at this rate as I only pay £10 per month as it is. I really hoped the PPI win would make the balance go down but it's not. I am so angry. Even more so because they pressured me into the loan which got me in this mess in the first place, The salesman made up fake income to get it passed and made me have PPI. All this was stated in my PPI Fos Q so I wasn't suprised when they coughed up straight away without any arguments. I know it's my responsibilty and I took the debt but I am devastated to see my balance rise so drastically.

Hello All, I am new to this site & I hope someone or a few of you on here may be able to assist me. Approximately 12yrs ago, I bought my current home with my mum (ex council property, right to buy). She was unable to obtain a mortgage on her own and I offered to buy the property with her, as I lived with my mum & my younger brother. A couple of years later, my mum moved out to be with her now husband and I 'bought' her out. My mum wanted half of the equity that was available at the time, £7,500. I was not in a position to pay it there and then, so my mum imposed a charging order against the property, which I agreed... thinking that I would have to pay it when I re-mortgaged or sold the property, which ever came first. Unfortunately, my partner at the time (later married & divorced!) left me with a multitude of financial difficulties, which had a negative impact upon my credit rating. I then borrowed £2,500 from my mum to assist with some debts that my ex-husband left me with, which was then added to the charging order, bringing the total to £10,000. Five years ago, I met someone else and he came onto the mortgage with me (I was unable to take on the mortgage in my sole name due to the bad debts). Since being with my new partner, we have tried to sell the property (to no avail) and have attempted to re-mortgage on several occasions, all in a bid to try to pay my mum off. My mum raises the issue every few months and she frequently monitors our lifestyle (we rarely go out, we don't drink or smoke, but as soon as we do anything, it is held against us!). In 2010, my mum enforced interest repayments of £500 per annum against me (5% of the total debt), which are due on the 31st December every year. I felt that it is not assisting me in reducing the debt so I recently suggested paying her a monthly instalment plan in order to clear the debt (£90pcm), with a view to clearing £1000 a year, with a very small amount of interest, followed by a lump sum payment of £5000 in 5 years time when my financial situation will be vastly improved. Bearing in mind, my creditors for other outstanding loans receive less than that per month and no longer charge me interest! My mum refused; she basically wants a lump sum. She is going to pay £2500 of it to my brother as his inheritance; apparently, the house (that I have paid towards every month for the last 12yrs) is my inheritance!!! Sorry to waffle on, but I thought I would give you as much background as possible without going into too much detail! So, my questions are as follows: Do I have to pay interest (even though I stupidly agreed to it for a quiet life)? Or would the interest only apply to the £2500 loan and not the £7500 original charge? Can she enforce the charging order, even though my other creditors have not imposed a charging order and are happy with the payment plans I have with them? Where do I stand if she does try to enforce payment in a lump sum? Am I within my rights to offer monthly instalments/payment plan as per my other creditors? Do I have to pay anything at all? Where do I stand in the eyes of the law having offered monthly payments to reduce the debt? Where do I stand legally, given that I have tried to sell my property, I have tried to re-mortgage (even with my partner as a joint re-mortgage) and I have even tried to get a loan to pay her off? My mum sees this as business transaction and somehow manages to separate it from our personal relationship. However, I see it as personal, seeing as the monies owed are to my mum and she makes it personal by commenting on my life and by actually being very spiteful at times! Any advice/help/suggestions would be greatly appreciated. Huge thanks Gracie99

Hello Keeping it short and sweet. Someone i know who is also unemployed has been overdrawn the last three months, his bank the Natwest is charging £5.00 per day + other charges at the start. Can anyone tell me the best plan of action to start off with? Is there anyway to stop these charges. Also get the previous £5.00 per day charges taken off. I'd be so grateful for any advice given. Thanks

From The Mirror yesterday. Hidden costs: Budget airlines charge up to £160 to correct mistakes on tickets Ryanair will hit you in the pocket if a mistake needs correcting at the airport Budget airlines can end up not being so cheap after all Getty Passengers on budget airlines are being charged up to £160 just to correct spelling mistakes on tickets. Others have to shell out for a whole new ticket if they turn up at the airport with one letter of their name in the wrong place. Ryanair has a £160 admin fee if the mistake needs to be corrected at the airport while Thomson charges from £50 to up to the full cost of the ticket on the day of departure. Experts say it’s *another example of airlines squeezing extra cash out of passengers. Fees *apply when the name on the ticket is different to the name in the passport – even simple variations like Dave and David in the passport. And new brides can be caught out if they book with their married name. Airlines say the passenger lists they provide to authorities have to exactly match names on tickets. So airlines can refuse to allow anyone on board if there is even the slightest difference between the name on a ticket and in a passport. Bob Atkinson of Travelsupermarket.com, which carried out the research, said: “Mistakes can easily happen, so it’s worth taking the extra time to double check.” A Ryanair spokesman said: “The name on the boarding card must match the name on ID with any airline.” http://www.mirror.co.uk/news/uk-news/budget-airlines-charge-up-to-160-1377221

Hello; Is anybody knows if Welcome finance can apply for a Charging order on the house. I've taken unsecured loan from them.

I hope someone can help. Unsecured Loan taken out with Northern Rock in 2001 at time of Mortgage Moved house, changed Mortgage provider in 2004 Northern Rock issued Charging Order in our absence (sent to old address) in 2005 NR sells debt to unscrupulous DCA in 2007 DCA chase hound threaten harrass bully We make payments each month ask for proof of debt, statements etc - they will not comply Land Reg still show NR have the Charging Order NR state they no longer hold the debt Selling house now - what do we do ? cannot complete sale DCA cannot prove they own the debt will not speak to our solicitor Please please help Thanks Marianne

Hi I recently got a letter from natwest saying I was £308 od on an account that is not even used. On ringing them the reason it became overdrawn was that a mistaken cheque written for £4.50, wriiten in haste for an after school club back in June. Since then they have been charging £6 a day without our knowledge. The account had an arranged £100 od and they are now demanding payment of all the charges etc. My particular problems are why honour the cheques int he first place? and is it right im being charged for what I see is there mistake?? Thanks in advance Andrew

good evening. I do hope i am doing this correctly its my first visit !!!. I havent had to chance to consult the CAB etc as yet, but suffering from so much aniexty about this issue. My father died from a teminal illness back in february, We were all under the impression that he would have his fiances in order, but he didnt leave anything, probably knowning that his illness was terminal he didnt bother paying the mortage, debts etc. Neither did he advise us that he has charging orders on the home since 2000. My mother decided to put everything in the drawer (land registry) when putting house in her name solely. she didnt look at them until now so therefore it has prompted me to write !. The mortgage due to mature in october 2012, so will have put the house on the market as they will not roll over the mortgage and she is to old to remortgage. 1. Do charging orders go if over six years old. 2. Is my mother responsible for the charge now. 3. How does she appeal to the court, as these were not her debts and had no knowledge of them 4. If she is now responsible does she have to pay the creditor/creditors on completion of the sale or sometime later. The house is not worth what is was, will not be alot left if she has this to deal with this 5. Will this be a problem when potential buyers do searches. 6. My father has left £82.000 on the mortgage which cannot be paid, will barclays start court proceeding. We have consulted them and they are based in leiceister and they dont wish to help us in any way 7. Could the court grant her occupancy of he current property indefinately. She is now 70, has a disability, so have I, and when I am ill she looks after my daughter. the interest is being paid Please help I am so scared of this outcome, its been a horrid 2 years and it doesnt appear to be getting better, care of my deceased father......kind regards

Here is an overview of new mobile phone roaming charge caps with effect from 1st.July 2012 The caps apply for travel within the EU although there will be notifications for non EU Cost of mobile calls per minute will be fixed at 23p (currently 28p) and this will go down to 15p by summer 2014. The maximum operators will be able to charge for recieving a call and sending a txt will be 7p. The cost of using internet will be capped at 56p per MB falling to 16p in 2014. Customers using mobiles outside the EU will remain unaffected by the caps,but operators will be obliged to send warning messages to users approaching £40 or 50 euro of charges.

Hi All If you have a restriction order on your property for what was originally a unsecured loan do you have to inform them if you are considering lengthening the term of your mortgage( I am not after re mortgaging as I know that is out the question but want to see if I can extend the term of my mortgage. Tinks

can a Solicitor with a charging order on my proerty refuse to provide details of a the credit agreement? Thanks

Hi All. I'm wanting to sell my house as I am moving overseas in the next 2 or 3 months but have a few problems with debt and negative equity. I have 3 charges on my property as well as my mortgage. Any offers I will get for my house will not cover the mortgage repayment and these charges as well. What are my options? Will the companies that have charging orders block the sale if they aren't going to receive what they are owed? Are they likely to accept a reduced amount as a full and final settlement offer before I sell?

I have a charging order on my house, via black horse, and am making agreed payments as per court order, recently i received a letter saying the account had been sold to msportfolio, how can the charging order be still valid if the account is no longer with black horse? or by selling to someone is the charging order sold on, but the court documents state black horse. any help gratefully accepted regards Brownfrog

had a car loan from santander,lost my job,got very depressed.santander went to court to get a charging order on my house for the car loan and now they have a warrant of executuion to send balliffs round to start taking things to sell to pay the debt off. surely the charging order is enough for them isnt it?? if they take goods to sell and then i sell my house and the charging order is paid then i will pay twice for the same loan??? any help or advice very welcome please!!

Not sure if anyone can I help. I lost my business a few years back and had to declare myself bankrupt but 2 months before doing this Northern Rock managed to get a restriction order on my property for an unsecured loan with a value of £19k. They sold this debt onto Link Financial Services a year later. In the 5 years since the restriction has been placed I have only been sent a letter twice from Link regarding the unsecured loan and I approached them to see if we could get the restriction lifted if we made a reasonable offer to clear the restriction. They wanted 90% of the debt to clear the restriction. I have since found out that the restriction order is still in the name of Northern Rock and my credit expert file states that this debt is now settled with Northern Rock, I do not have anything on my credit file for Link Financial relating to this debt. Land Registry will not lift restriction without Northern Rock sending them a RX3 form. I contacted Northern Rock and they confirm that the debt is settled with them and if I need to lift the restriction call a number which happens to be for Link. 1. Should the restriction order now legally be in Links name? 2. How long can they have a restriction order on a property without making efforts to recover the debt 3. When I come to sell, do I just inform Northern Rock of the sale as it is there name on the restriction and not Links Any advice would be great as they way I read it is as long as I inform Northern Rock of any impending sale then Link will not be notified and by the time they find out the sale may have already gone through. As this is an unsecured loan do they have any other course of action.

My dad has a charging order on his house for around 5k, and for the last few years he has been trying to get info, as he didnt know it had been applied for, or a ccj given or anything of that nature. Having finally found from the dca who the orginal creditor was allegedly, the original creditor is adamant that my father has never had an account with them. The fos was due due have a final adjudication on this friday, which we will hopefully hear about this week, but how do we stand with having the charging order and ccj set aside in these circumstances, should they rule that the account never existed?

Hi. I have a mortgage with GMAC for which the outstanding balance is £118000, a secured loan with Picture for £42000 and 3 charging orders...Lloyds TSB £4500, Moneybarn £6000 and for a water charge of £1800. I want to sell my house which is now only worth aroud £115000. I have received an offer of £105000 from a cash buyer. I have spoken to Gmac who have agreed the sale, Picture have also agreed it with a proposal to pay. My questions are: Will the presence of the charging orders prevent me from selling? And will my prospective buyer be informed of my secured debt and charging orders? The buyer is a family member and thus I do not want them knowing my position. Any advice will be welcomed. Thanks

Wizz air introduces new cabin bag charges. If anyone is confused about why some airline companies have reduced card surcharges following the OFT investigation,then even more confusing is how some are seemingly already taking measures to recoup any shortfalls by introducing new baggage charges. Now traditionally the major airlines have included hand baggage within the base ticket. Up until 9th July Wizz Air did so too...and 10kg at that. Today they announced their so called "New Cabin bag policy" So for those who are wondering,Wizz are now defining between a small cabin bag and a large cabin bag. A small cabin bag is what they deem as 42x32x25cm or smaller.The weight allowance of 10kg remains the same. This size bag will be free from further baggage charges from 9th July. Any bag that exceeds this size,will now cost 10 euro. But it still must be the same size as the prev limits for fitting into the overhead bins. Wizz say they are introducing this new baggage policy as a trial to "Incentivise passengers to bring smaller baggage aboard the aircraft " This seems odd since there are very few passengers who board flights with only a laptop bag. Wizz claim this trial on selected routes will improve on time performance and result in better travel experience... although they are not so quick at how they have arrived at this amazing feat of ingenuity. They add; With fewer large items onboard, the cabin will be less crowded and the boarding process will be easier and faster for the benefit of all our passengers. Now assuming that the smaller baggage will all be under the seats (which they tell) that means LESS space around the seating. No I am afraid I am not convinced at all. Even if they were to scrap the £14 per return card surcharges...they will still be 6 euro in pocket. Nice try. They have not updated their website either with this as of 16.49 on 9th.July. The notification has gone out by emails. http://wizzair.com/en-GB/useful_information/baggage

WE have an old unsecured loan that was subject to a ccj and later a charging order was secured against our property. We believe that the original debt has been sold to a well known debt collectors. Question is the charging order still valid if original debt has been sold. hope you can help djc

I have read a lot about these charging order restrictions and how one can sell the property and inform the charge holder after the sale has gone through if there are joint owners and one debtor. I have spoken to a couple of local solicitors about this and might have well been speaking to a brick wall, as none knew anything about the workings, since the law changed in 2003, of these restrictions, all saying that 'charge is a charge', which I know is incorrect. Can anyone recommend an aggresive solicitor in West Sussex who fully understands the law concerning restrictions, and that may be able to assist. Any help will be appreciated.