Help with Hillesden securities

[graham2704]

Hello,

 

This is my first post so any advice would be very welcome.

 

I was made redundant back in 2009 from a 10 + year job and started struggling to keep up with my credit card from Virgin money.The last statement or contact from Virgin was july 09 I then received a letter dated 29 Aug 2009 from a company called DLC telling me that my debt has now been assigned to Hillesden securities trading as DLC and that MBNA no longer own my account they do and all future payments must be made to them .

 

After telling these that I am struggling to find permanent employment and can't afford to pay my monthly c/c payments as I have to use all money i earn to pay my mortgage and priority bills I then received a letter from APLINS solicitors informing me that they have been instructed by DLC on behalf of Hillesdens to issue legal proceedings against me for the outstanding amount under the banking facilities provided to me by there client.

 

I then get a claim form letter from Northampton court and a response pack to which i didn't respond as I was still struggling to find work and being Embarasised and burying my head with how I was going to pay the debt and the worry of what was happening that I will loose my house I didn't know what to do.

 

I then get a letter from DLC telling me that Aplins have obtained an interim charging order against my property and a copy of a witness statement in support of a charging order from a team leader of DLC /Instructing agent to Aplins duly authorised to make a witness statement on its behalf.

 

When i turned up to the local court on my own a man introduced himself as Aplins solicitor and took me into a side room and started asking how it got this far and why its gone to court, I told him I had been made redundant with 300+ other people and just cant find permanent work and that my priority debts had to come first with 2 young children to feed and keep paying my mortgage he then said its a bit scary if you have not been to court before all I have to do is just admit the debt is mine to the judge when he asks if I have a defence tell him No as you don't want to loose the security of you home .

 

I now have a CCJ on my credit file and looking through the land registry official copy of the registrar of title there is NOTHING that mentions this debt.

 

Now back in full time employment started paying the debt off and have paid nearly half of it.I asked Hillesden if they would consider the payments I have made as a Full and Final short payment and they said NO as they have a full charging order then the other day I found this site which OPENED MY EYES to the whole thing so I asked Hillesden for a copy of my original agreement from MBNA and was told they didn't have to send me one to which i replied you do as you have took me to court and have a charging order against my property. I then received a Photo copy of an agreement its not an original agreement and dosn't have any of my signature on it only a box with a tick in it saying this is a valid means of establishing the authenticity of my signature it has my name and address but clearly looks like they have printed this off from there computer.

 

I have contacted my local county court and they have gone through all the paperwork that was submitted to the court and there is nothing with my signature on and nothing from MBNA as an original credit agreement.I have stopped any payments to hillesden.

 

The advice I am after is if there is no charge on the register who owns the debt ?? and as I have not heard anything from MBNA that they have sold the debt to DLC who is getting the money.

 

Can I be taken to court with NO original agreement.

 

Can they put a CCJ on me and a charging order.

 

Why wont they accept the payments i have made as full and final settlement and where should I go from here. Sorry its a long post but any advice would be grateful.

 

Thanks Graham

[ploddertom]

AS you already have a CCJ I'll move you to Legal issues.

[graham2704]

Thanks for the reply.

 

We have a joint mortgage .

 

I have just rang land registry and there was a RESTRICTION 06.10.2010 registered to Hillesden securities

[steampowered]

What is the date of the CCJ?

[graham2704]

I have a Final charging order letter from the county court dated 09 /12/2010 so think it was that date.