Please help me - LCS Solicitors - Interim Possession order

[Mystics]

Hi,

 

I'm new to the site, and I really need some urgent advice.

 

I have come home from work today to find an "Application for a charging order on property" along with a letter from LCS Solicitors. One letter to me, in my maiden name, one to my husband.

 

I've called this company as I had no idea what it was for. Apparently, it related to a credit card which I owned and defaulted in 2003 with a company called "The Associates". Since this time, I have never ever heard from anyone about it. I have married, moved house, everything and then this arrives.

 

I called them and asked them why they had not contacted me, the simply said they didn't have to. They had obtained a judgement back in Feb 08 and was now applying for a charging order to a property I own with my now ex-husband. The woman was really snotty with me and just said they would be requesting my house is sold to recover the debt of £2793.76 (inclusive of their costs).

 

Its says there is a hearing on 27th March 09 at Guilford County Court for the jusge to consider a final charging order. I didn't even know they had given me a CCJ! They have never ever made contact with me!

 

What do I do now, I'm so astonished I've gone into shock.

 

Please help....I'm worried sick about it!

Edited February 12, 2009 by Mystics

[supasnooper]

Hi there,

 

Welcome to CAG. I'm sure you'll get plenty of help from the members here.

 

I'm sorry to see that you've been landed with this but there are several things that can be done.

 

Have a read of this to get you by until I can get back to you later with more details or someone may advise you further

 

National Debtline England & Wales | Debt Advice | Factsheet 15 Charging Orders In The County Court

 

Alos do a search on the forum for Charging Orders - you should come across some useful info.

[manchester1]

Hi Mystic, sorry to hear about your issue.Firstly of all lets not panic and keep calm you have come to the right place . I am a novice on this site but with the help of this forum i have managed to win some battles, we still have time to put some spanners in the works. More experianced members will come along and help, but it would seem that they would have got a ccj by default, can you scan the interim order on to the forum (erase personal details) or can you find any details on it relating to ccj. Do not worry about sale of the house , that is upto the judge not the snotty debt company.And worse case judge will agree to a monthly amount, however we need to start acting to see if we can get CCJ set aside .

 

Manc1

[42man]

If it was me in your position I would apply straight away to get the original CCJ set aside....it would seem that they got the CCJ after you had moved, or to somewhere that isn't your own personal residence this would be a good enough reason to set aside....and it sounds like the original debt was statute barred....

[manchester1]

Mystic. you need to start casting your mind back when you took debt and also when you moved , this is important because one of the reasons we can use to set aside ccj is that you were not aware /send notice of ths claim.

 

MAanc1

[Mystics]

Ok, I'll try and scan this thing in and see if any of you can make sense of it. I moved from a rented house which I lived in from 2001 - 2005 to my current home which I bought with my now husband.

 

I married in 2004 and the documents have come in my maiden name but our current home is in my married name. My husband, who is nothing at all to do with it, also has the same set of documents sent to him, but we have since seperated and have just got our decree nisi.

 

I'll try and scan these docs now. Here goes.

[Mystics]

Ok, the day is getting worse, how do I upload docs into this thing!!!

[supasnooper]

Hi mystics, don't worry about scanning the Interim Charging Order nor any others at the moment, it's not important.

 

42man - thankfully, has given exactly the advice I just didn't have time to get round to in my earlier post.

 

I'll post more details later when I've got them all together.

 

HAve a read of this thread on how to apply for a set aside from about post 26

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/168328-some-advice-re-interim-2.html

 

and this post as well

 

Removal of CCJ's - Valid reasons to have your judgements set aside

 

Try not to worry, hopefully we'll get you sorted out.

[manchester1]

Mystic the form you will need to set aside this CCJ is a n244 and it is available on the courts site www.hmcs.co.uk . Get one printed out and study this the plan is to present a valid reason to a judge at a hearing to have the ccj set aside .The main reason INMHO is that you were not in receipt of the claim by the creditor ,because they did not have a address for you. once set aside the case goes back to ground zero and you defend the original claim ,during which time we will be requiring fromDCA/OC sight of

 

1. Original credit agreement

2.Default notices

3Letters of assignment of debt

 

We still need to find out what claim no for the ccj is , you could t get a experian done which could shed some more light on the subject matter especially to see if the claim was filed by the DCA or joint with the OC.This important because it will tell us did the DCA buy the debt or are they acting as agents. In the meantime do some studying of different cases to get a grasp of all this technical talk. If anyone out there with more experiance has something to add pls do. Mystic like i said do not panic ,relax , learn and fight back.

 

Manc1:)

[blipvert]

You say LCS solicitors, these are the in-house 'solicitors' of 1st credit. As 42man says, they've probably got this by default. What hasn't yet been mentioned on here yet (although you may have read it elsewhere on the site) is never speak to these 'people' on the phone. If they phone you, whatever you do, do not get charmed into paying something off for this alleged debt, not even a quid, if you were to do so and the alleged debt is not quite statute barred it will set the clock ticking again. Also, if you manage to scan the paperwork up here, remove all identifying marks and that includes barcodes.

Edited February 12, 2009 by blipvert
typo

[supasnooper]

As manchester1 has suggested, you will need to complete the N244 form to apply for the set aside of the County Court Judgment.

 

As you may have discovered, a good reason for getting the set aside is the summons being delivered to an incorrect address.

Applying for this will cost £75.00 but you will get this back if you are successful. If you are fee exempt (search google for form ex160a ) the it may be free.

You will need to apply for this ASAP so it can be tied in with the Interim Charging Order hearing.

 

 

With regard to the Interim Charging Order Hearing, you will need to send a letter to Guildford CC quoting the case number and stating that as you are a Litigant In Person, you will be requesting that the case be moved to your local court. Send this by recorded delivery and follow up with a phone call to ensure this happens.

 

What should happen is that the Court Service should move the case to your local court where the Appeal for the set aside of the CCJ and the Interim Charging Order hearing be melded together.

[deepdebt]

1st Credit,

 

I'm starting to see a pattern here, female, CCJ in default (sent to an old address) & Guildford CC.

 

A common story for this DCA, always going for a soft target.

 

Theres lots of great advice on CAG to help.

[blipvert]

1st Credit,

 

I'm starting to see a pattern here, female, CCJ in default (sent to an old address) & Guildford CC.

 

A common story for this DCA, always going for a soft target.

 

Theres lots of great advice on CAG to help.

 

If that could be proven then I'm sure that H Harman/J Smith would be interested given they practice positive discrimination and are both big cheese's in the current 'government'.

Edited February 13, 2009 by blipvert