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Black Horse Charging Order/ccj


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hi

we have been paying our ccj off now for about 3 or 4 years and was wondering if there was any chance of us getting a charging order removed from our home.

 

We have never missed a payment on the ccj and the debt has been sold on a few times to my knowledge.

 

So what if at all would be the way to go.

 

Thx for any help...

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sold on?

 

thats not allowed on a ccj if payments are not retained at the same level.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi,it was definately sold.The debt was with Black Horse Finance and we were paying satchi mitchell clark who got us the ccj and charging order then it was passed over to Direct legal collections.... Is this not allowed then?

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nope

you should only ever be paying whomever took you to court.

 

did you know about the ccj and the co taking place?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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can i just check you got claim form for both the CCJ and the CO BEFORE each was given by default

 

reg trust is just a listing of CO's

 

they have nowt to do with them other than to list them.

 

what was the judgement?

 

how much to who and when?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Cant ever remember getting anything before the ccj dropped on the doormat

but do remember getting the thing from Land registry saying that there was a claim on the house.

 

It was black Horse/Satchi Clark & Mitchell that got these in about 2005.

 

We have been paying the ccj @ £88 a month and the original debt was around £15000.

 

Then sometime last year got a letter from DLC saying that they were now to be paid and not anyone else.

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ruddy DLC again.

 

can i just clarify for sure as you've said two diff things in a way.

 

the ONLY thing you ever got was the CJ judgement , never got a claim form [N1]

for you to fill in to return to the court BEFORE judgement

 

and likewise for the CO?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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can yo pop up on the www.trustonline.org.uk site

 

and see whose name the CO is in please too

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Unfortunately Gaston is correct,

 

I should know as had it done to me,and believe me I fought tooth and nail in front of the Judge all to no avail even though the Law should have been on my side.

 

IMHO cannot see you getting the C/O removed, the only way I can see you getting the CO removed again IMHO is to find out what you owe (check if interest is being added) and offer a F&F settlement if your in a position to do that as they will have bought the debt for next to nothing and if you do make sure you get everything in writing off them before proceeding.

 

Good Luck Tinks

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Unfortunately Gaston is correct,

 

I should know as had it done to me,and believe me I fought tooth and nail in front of the Judge all to no avail even though the Law should have been on my side.

 

IMHO cannot see you getting the C/O removed, the only way I can see you getting the CO removed again IMHO is to find out what you owe (check if interest is being added) and offer a F&F settlement if your in a position to do that as they will have bought the debt for next to nothing and if you do make sure you get everything in writing off them before proceeding.

 

Good Luck Tinks

 

your is an isolated judge lottery case tink

that has been discussed with you on another thread

 

a ccj cannot be sold if payments have not been made before/afterwards

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Been through all that in Court re Assignments etc Quoted the LOP Act and what it states, Judge wasn't even bothered the fact that I never received a NOA!

 

Said so long as there is a DOA showing that the DCA had bought the CCJ then that was sufficient for payment, like Gaston stated "only if they wanted to take further court action against you do the need to go back to court to be substituted as the claimant"

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post 2 and 13 here.

http://www.consumeractiongroup.co.uk/forum/showthread.php?113992

 

 

you sadly suffered from a judge lottery.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I Wish it was dx but if you can show me any threads at all on CAG were someone has challenged this matter in court and won then I would certainly appeal my case.

 

Did my h/work, trawled tiredly through CAG for any case laws before I went to court but all I could find was snippets of what the Law actually states put it before the Judge and it counted for nothing

 

The only people I have read about on cag in the more or less in the same situation have all met the same fate:-(

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yea i know sad day tink

 

theres noway any other judge would diss his mate and sort it for you.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Have seen that thread quite a while ago and I thought :whoo: But again Post 2 stated "should not sell on the debt" and post 13 states "As far as they are aware" Show me the Law Act that actually states that fact or again anyone whom has challenged it in court and won.

 

All post 13 is stating is that Moorcroft could not change the payment or the prescribed payment date on the original CCJ, if they wanted to do that they would need to apply to the court.

 

Tinks

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With all due respect what chance has Joe Public got with Shoulds & As Fars in a court of law, even when you quote Law and its in black and white they say its wrong.

 

Believe me dx the first case I come across were someone has challenged this issue in court and actually won, my appeal will be whizzing itself off to the court house recorded delivery.

 

I live in HOPE:lol:

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  • 3 months later...

Hi Guys,

been a while since last posted on this topic.

 

I have been reading a lot of posts recently about getting debts "set aside" which I am attempting to do on another debt.

 

Reading through other posts it never occurred to me that we may have been able to get this CCJ and charging order set aside

also if I were to CCA the original lender "Black Horse financial" or Lowell or even the new owner of the debt DLC.

 

We are almost sure we had PPI on this loan and never applied for CCA to check it.

 

Ant suggestions or am I wishful thinking?....

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SAR to the original creditor.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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