old CCJ mortgage shortfall now + CO - sb'ed? - dca adding yrs of backdated interest - is this legal?

[Ganymede]

Thanks dx, very useful.

 

I think the first thing that should be pointed out is the fact that the CO is registered as a Restriction on the Defendant's beneficial interest in the property. This doesn't necessarily have to be paid off if the property is sold.

 

An Order for Sale is very, very unlikely so the Restriction will just sit there and do nothing in all likelihood.

 

Other than that I don't see much else the Claimant or Defendant can do.

[unclebulgaria67]

Thanks dx, very useful.

 

I think the first thing that should be pointed out is the fact that the CO is registered as a Restriction on the Defendant's beneficial interest in the property. This doesn't necessarily have to be paid off if the property is sold.

 

An Order for Sale is very, very unlikely so the Restriction will just sit there and do nothing in all likelihood.

 

Other than that I don't see much else the Claimant or Defendant can do.

 

On what legal basis can Arrow continue to receive payments for this debt ? They were not the claimant who obtained judgement, so they would need to apply to the court for a substituition ? Any payments made before this is done, would purely be on an agreed basis between parties, but not have any legal basis to them.

 

It might be worth getting proper legal advice on this. There may be a way of getting shot of it.

[Ganymede]

I thought that they had applied to be substituted as the Claimant. Apologies if I misread and that is not the case.

[dx100uk]

if i've missed anything then sorry

but that took a few hours reading.! 'n' pasting.

 

i dont recall reing it

 

point it to me if its found and i'll add it.

 

dx

[BradB]

Thanks for your hard work dx, some poor sole has had a nightmare, oh hang on it's me! Asset / Phonenix substituted themselves as claimantes but it was quite along time after they purchased the debt. I have had nothing to say that Arrow have substituted themselves as yet.

[Mike_hawk]

Have you checked for any changes at Land registry?

[unclebulgaria67]

So the court never sent you any confirmation of the substituition ? Sounds a bit strange.

 

Arrow are representing Phonenix are they not ?

 

Are you still making payments ?

[BradB]

According to Drysdenfairfax Solicitors Arrow have purchased the debt of Phoenix on 13th May 2011 and I have been paying £30 per month to Asset who were acting on Phoenix's behalf since June 2011. I now have Arrow's bank details and have made sure that a standing order is in place so that no payments are missed. So in effect I hae been paying Asset on behal of Phoenix even though they had sold it before the payments started! I can see how people have breakdowns when trying to deal with these monsters!

[BradB]

Have a copy of deeds from Land Registry and showing an Interim Form K Restriction in the name of Phoenix Recoveries dated January 2011. Should the register have been altered when it was make final in March 2011?

[Ganymede]

Have a copy of deeds from Land Registry and showing an Interim Form K Restriction in the name of Phoenix Recoveries dated January 2011. Should the register have been altered when it was make final in March 2011?

 

 

No, there is no need to register the FCO if the ICO is already registered.