Please point me in right direction charge on house

[noogie]

have a charge on my property and it is my intention to get it removed. The charge was obtained by a company whilst another company was also dealing with the account.

Briefly I was in DMC and had supplied all details that I had of creditors. They made payments on my behalf which went on for about 18 months. There were problems with this company and I dispensed with their services and took over everything myself and have slowly been working my way through everything. The things that have come to light are unbelievable.

This particular case is where the company instructed 2 collection agencies to collect and they were given different numbers so we did not connect them. We were paying the one company and the other stated we had not made any payment. When we connected the 2 we contacted our DMC and pointed out that there were 2 sets of paperwork for one account and the one company were now taking court action. DMC said sign the court papers and they would file defence in court on our behalf. Well they didnt and a charge was obtained on the property. We were told not to worry that it just turned unsecured into secured and that was all.

Through this site and others I am now a little wiser and have been challenging companies however I now wish to take this one back to court. They do not have an enforceable agrrement. They are not quoting the correct number and they state they did not need to produce an agreement unless the JUdge asked for it.

Can anyone point me towards the right template please prior to me taking court action. We pay nothing per month and are not being chased but I want to be free to sell my property.

They have had the requird requests for agreement but ignore. Is there a strong letter for one last attempt

Thank you for reading

[debbbbsy]

As they have gained judgment, they are under no legal obligation to comply with a CCA request as the Judgment order becomes your agreement.

 

However if you have written confirmation from them that they do not have, and did not at the time they gained judgment have an enforceable credit agreement than you can apply to the courts for a Declaration of Enforceability.

 

See Southern district v elizabeth mary turner

 

Help with N244 form please