Shoosmiths solicitors+threat of charge order

[chezzalou]

Help please!!!

Im trawling through my debts and I am slowly taking steps to tackle them. I received a letter from Shoosmiths solicitors,Manchester,on Saturday. It was to do with my old MBNA account that they have sold it to Arrowe global. Debt is for £3500.

Got through to some guy at Shoosmiths. He basically hinted that they have done a search and have found out my name is on my mum/dads property. I am an equal third owner. The guy at Shoosmiths said his client Arrowe Global wouldnt accept me paying the debt monthly and the only option for me was to pay in full or they would seek a CCJ against me and then get a charging order. Every other word he said in the conversation was "When we sell the property...the value of the property...." Can they do this??

Im at my wits end now. Felt really positive over the past month that im trying to sort these debts out and now I feel like Im competely backed in the corner.

Can anyone help me or give me advice?

[2Grumpy]

They could only get a charging order if they get the CCJ & then you don't keep to the terms. A judge would only set affordable repayments (if they won)

 

A judge wouldn't look very sympathetically if they have refused to accept monthly payments.

 

Is this enforceable? Are there any unlawful charges? Was the DN valid? When did you make the last payment? Have you received a letter notifying you of the assignment? If so, how was it delivered.

 

If they have threatened legal action, you need to get off a CPR request to Shoosmiths, plus a CCA request to Arrow & a SAR to MBNA.

 

Also send a prove it letter to Shoosmiths & Arrow. Add at the bottom that if the debt is indeed yours and they can show that they are entitled to ask for payment, you are prepared to make monthly payments once the correct value has been determined. (You need a paper trail & a (veiled) offer to pay.)

 

My son still lives with us, he was threatened with a charging order - but he has no equity in the house! I doubt that they have checked with the land registry.

 

Time to start fighting back!

[chezzalou]

Thanks 2grumpy x

[PriorityOne]

When you send the CCA request.... make sure you send a rec. delivery letter to Shoosmiths telling them that you've done it and that the account is "in dispute".

 

Don't speak to Shoosmiths (or anyone else on the phone) anymore either...

[chezzalou]

Thanks PriorityOne x x What is a CCA??

[hatesdebt]

cca = consumer credit agreement.

 

Template letter is here.....http://www.consumeractiongroup.co.uk/forum/content.php?414-CCA-request-letter

 

Do you actually have any interest in the property or not??