SAR and Charging orders

[kibris]

can a Solicitor with a charging order on my proerty refuse to provide details of a the credit agreement?

 

Thanks

[citizenB]

A county court judgment replaces the original agreement.

 

I am not quite sure whether they can refuse to honour a CCA78 request though - it is a legal request.

[kibris]

they are refusing to supply a copy of the agreement and also a breakdown of all the payments i have made so far as i dispute the amount that they say is still outstanding.

 

they have sold the debt after CCJ and charging order

and want me to fill in an income and expenditure form.

 

Am paying them monthly.

 

As i wont fill it in they are threatening to take me back to court.

[citizenB]

Righto.. what did the Judgment order say about the monthly instalments ?

 

Does it say something like.. payments of £xx until the judgment debt has been paid or that they can request a review ?

[citizenB]

They are obliged to send you a statement of account.

 

Have they refused in writing ? You MUST keep all communication in writing.

[citizenB]

IMHO, if they want to increase payments on the Judgment order, then they WILL have to return to court to for the court to say yes or no. Although if you are making the payments as agreed, I cant see a court increasing.

 

2: If the CCJ has been sold/ assigned.. then the new owner will have to first apply to have themselves replaced as the claimant.

 

I am not sure how that works. I will find someone to advise on that.

[citizenB]

Can you give us a little more information.

 

Who was the Claimant who first took you to court and obtained the Judgment.

 

Who are the new owner of the debt.

[kibris]

I was depressed at the time so was in no fit state to pay attention, which i am kicking myself for,

 

however, was paying £125 per month before case went to court and continued since.

 

I cannot see anything on the paperwork one way or the other.

 

The Solicitor has asked me to complete their own income and expenditure about four times over the last year,

which i counter with my request for paperwork (there is a PPi attached to the loan).

 

They have made no reference to the fact that court paperwork states they are allowed to chase me for I & E.

[kibris]

Yeah they have said in writing that i have no rights to the credit agreement since the CCJ. they quote case references???

 

They actually say a debtor under a regulated agreement ceases to have the right to obtain information on request, including a copy of the executed agreement.

[kibris]

thanks, that is one of the things that i have said to them. I did not think that they were allowed to sell a debt that had been to court (Egg). my CCJ states the debt be paid to them.

[kibris]

Egg first took me to court,

now their solicitors say Britannia Recoveries SARL - Arrow.

 

I dont think Britannia have a uk licence so they use Arrow, but Arrow also have Uk licence complications.

[citizenB]

I have asked someone to look in on you. You CAN still obtain information by way of Subject Access Request.. although it is unlikely you will receive a copy of the agreement.

 

Statements from the original account will identify if PPI has been paid. You will need those anyway to put in a reclaim.

 

So send a Subject Access Request and obtain as much information as you can that way.

 

I have asked others to look in on you.. hopefully they will be able to do so.. soon.

[kibris]

many thanks

 

I will post the SAR request tomorrow.

 

much appreciated

[dx100uk]

so EGG are named in the CCJ judgement box?

 

dx

[kibris]

Yes they are 'Egg Banking PLC' and on the final charging order.

 

many thanks

[citizenB]

It is to EGG you need to send the SAR

[kibris]

ok thank you