Please Help Lloyds TSB want my house.

[rayismondo]

About 4 years ago my wife and I separated. I had to leave the house and as a result my business went into decline. I had lost all telephone numbers and my business base as I would work from home. Because of firstly having to find rented accommodation for a while and then subsequently buying another house, I began to fall into debt. At the time I had a business account with Lloyds TSB which had an overdraft facility with a £10,000 limit, which I exceeded because I had no money coming in. A couple of years previously I had also taken an unsecured loan to buy a van from Lloyds of £12,000 plus £1,154.66 which they added for insurance. After browsing this great site, I have realised that they probably should have never sold me this as I was obviously self employed. On top of this I had a business credit card which they added to the debt. I think I also paid a monthly payment protection insurance on this card. Lloyds have added all three of these debts together and after interest, bank charges and costs it had gone over £30,000. In February 2010 they took me to the high court and successfully got a charge put on my house. In April 2010 that charge was upheld. I had made several offers to pay back monthly prior to this but all were declined by Lloyds and their solicitors. They have made no effort to come to an arrangement with me. I stupidly thought that if they put a charge on my house that they would wait for their money until I had sold the house. I was so depressed by it all at the time that I admit that I buried my head in the sand and hoped that it would all go away.

 

Whilst all this has been going on, I have re-trained but am still struggling on my own to make ends meet. I take whatever work I can find anywhere in the country (I live near London Heathrow). In November 2010 I had been working away from home for 7 weeks in Leeds and Crew, when luckily for me I asked my brother to go to my house and open all my post, upon which he discovered a notice of claim from the high court stating that Lloyds wanted to impose a sell order. I literally had three days to get this back to the court before the letter came to light, but with help from my brother I managed to do this just in time. I have today had a letter from the court with a hearing date of 22nd February held in central London. I now desperately need some help. I don’t have a clue what to do next and am panicking! I would greatly appreciate anyone’s help.

[maroondevo52]

Hello and Welcome,

 

I'll move this thread to the appropriate Forum.

 

Regards.

 

Scott.

[Ell-enn]

Hi there, sorry for delay in getting back to you. I'll contact another team member who knows more about charging orders/orders for sale.

[sequenci]

Hello there, welcome to the forums.

 

Was the van taken out as personal or business finance?

Is the property in which you currently live jointly owned with somebody else? And if so do you have children living there?

 

Best wishes,

 

Seq.

[rayismondo]

Hi Seq ,thanks for responding so quick.I have very little paperwork as a lot was lost when i parted from my wife,but i do have a pre contract information fixed-sum loan agreement form which is not sighned.This states that the loan was to me personally although it was paid into my business account.

The property i own is not jointly owned and i live there alone.I will attempt to scan agreement form and post if it is helpful. many thanks Rayismondo

 

Apologies Seq, the insurance part of loan is a BLRI loan which i assume stands for business' loan repayment insurance' so it is a business loan

Edited January 24, 2011 by rayismondo

[sequenci]

Hi there. Thanks for the information. You wouldn't know if the loan was regulated by the Consumer Credit Act? Also, is it the High Court rather than the County Court that are sending you the paperwork?

[rayismondo]

Hi seq, yes the loan is regulated by the consumer credit act 1974.The initial charge applications were heard in the high court Swansea and the claim form to force the sale came from there also but the claim was transferred to Staines county court and now transferred to central london county court for the hearing . hope this makes sense to you

[rayismondo]

Thanks for nothing guys. Ive been virtually begging for somebody to give me some help and advice on this forum but as you can see apart from a few questions, no actual advice.Even if its to say 'you're probably going to lose your house.At least then i could prepare myself. I don't understand why some people seem to get loads of help from several different people while others get none.My court hearing is in just over two weeks time so obviously i don t have the time to wait anymore.I guess i ll have to get myself further into debt and pay a solicitor. Sorry if i sound harsh but i obviously had too much faith in this forum.All it has achieved is to leave me with hardly any time to get some help.

[sequenci]

Hello there.

 

This forum is a big place, with many, many queries. Sorry that you've not had any replies. Please appreciate that this is a forum where all advice is free and given by volunteers.

 

As far as I'm aware Consumer Credit Atc debts are NOT allowed to go through the High Court, the law doesn't allow for it. I beleive that this is likely to be an abuse of process. What is the situation right at this moment?

 

My gut feeling is you may need to seek legal advice so help you make representations to have this charge removed IF it was agreed at a High Court hearing.

[rayismondo]

Hi seq, yes i realise the forum is run by volanteers and im sorry for the tone of my last post.I was getting frustrated and am very worried. I have had bad and expensive experiences with solicitors in the past and was hoping to get some advice here first.Thanks for the information about the loan ,it is very interesting and gives me at least a ray of hope.I realise my comment above, about solicitors does not apply to them all by the way. May'be ive just been unlucky in the past. I also realise there are people on the forum in far worse predicaments than me.At least if i do loose my home i only have myself to worry about so i hope i hav'nt sounded to selfish.

Best wishes and thanks again

[sequenci]

No worries! I understand the frustrations! I'm currently undertaking a little bit of research to find the actual pieces of law that prevents CCA regulated debts from being dealt with in the High Court. There are plenty of solicitors that are useless this forum has taught me that very quickly. I'll alert this thread to the rest of the site team and see if we can start planning a route forward. Sorry this thread has been 'slept on' this is likely due to the fact that it's a little more complex than your average situation (although I think there are a few interesting issues that should throw a spanner in the works of Lloyds).

 

Thanks for being patient!

[rayismondo]

Thanks Seq, I have just double checked and the initial charge and the final charging order were heard in The High Court Of Justice Chacery Div in Cardiff .I tried a while ago to upload the paperwork i have but don't think i had enough posts . Do you think i should try agin at some point?

[newstarter]

If the debt is over 5,000 then the application can be heard in the high court unless the judgement is for a debt regulated by the consummer credit act 1974 in which case the charging order must be applied for in the county court.Thus it can be argued that an abuse of process has taken place here.

[rayismondo]

Hi Newstarter Thanks for post. It seemed to me that lloyds waited until the debt went over 30, 000 before applying to high court for charging order(it was actually at 30,158.00) I read somewhere that the debt has to be over 30,000 to be heard in the high court but not sure if thats correct.Are these rules written in stone or are there exceptions?

[newstarter]

Yes what they have done here is lump the debts together and won the charging order on the level of the debt seq will be more help on this than myself,he,s wrote a blog on these so will know far more than i do.

[dx100uk]

scan the required letters/agreements/sheets

remove all pers info inc barcodes etc but leave all figures and dates.

goto one of the many free online pdf converter websites

convert the image to pdf format.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

the hit reply button

dx

[rayismondo]

Thanks for that DX100uk, I'll give that a go when i get home tomorrow morning .looks complicated so i'll get my daughter around to help me.

[newstarter]

and here we go again,this is taken from business debt line fact sheet 15

 

"your creditors cannot transfer a judgement if the agreement is covered by the consumer credit act 1974"

[sequenci]

This is the section of the Consumer Credit Act you need:

 

141 Jurisdiction and parties.

 

1)In England and Wales the county court shall have jurisdiction to hear and determine—.

(a)any action by the creditor or owner to enforce a regulated agreement or any security relating to it;.

(b)any action to enforce any linked transaction against the debtor or hirer or his relative,.

and such an action shall not be brought in any other court.

(2)Where an action or application is brought in the High Court which, by virtue of this Act, ought to have been brought in the county court it shall not be treated as improperly brought, but shall be transferred to the county court..

[rayismondo]

Thanks seq and newstarter i'm probably going to sound a bit thick here but does that mean that the charge applications should have been transferred to the county court?As i mentioned in an earlier post the sell order hearing has now been transferred to Central London County Court.I'm going to try to scan and upload all the stuff i have tommorow as DX100uk has kindly told me how.

 

I feel really bad about my rant this morning as you guys are being so helpful apologies for that again.

[newstarter]

Yes thats right however after doing some digging this afternoon it seems this is not an abuse of process as i mentioned earlier,thus it looks to me like the transferring of this case from the high court to the county court for the selling up hearing is ok.I have read up on the practice directions ,court proceedural rules,in fact everything i could lay my hands on,i wont comment any further until you post up your documents so we can see what we are dealing with here.

[rayismondo]

Sorry for the late reply, scannign and uploading has taken ages

Loan Agreement.pdf

Claim form - A second one.pdf

Claim form - A second one (page 2).pdf

Claim form - A second one (page 3).pdf

Judgement for claimant.pdf

[rayismondo]

Heres the second load

Interim charging order.pdf

Application for charging order on land or property.pdf

Application for charging order on land or property 2.pdf

Final charging order.pdf

Claim form.pdf

[rayismondo]

And the last lot

Claim form page 2.pdf

notice of transfer of proceedings 2.pdf

General Form of Judgement or order.pdf

Notice of transfer of proceedings.pdf

[rayismondo]

Is there anybody about who can have a quick look at the agreement ive posted or any of the the other documents. Thanks