Consumer credit debt under Charging Order sold on - next steps?

[CAGareBrilliant]

I've ditched the business angle now, which was ambiguous - treating it as a CCA action with an illegal repossession and a disputed claim figure.

[raydetinu]

good luck anyway

[CAGareBrilliant]

Thanks! I will keep people posted if interested. Really appreciate the help and support - as my name suggests, CAG has been a real life-changer for me and I do think the people here are brilliant.

[CAGareBrilliant]

A charging order was made a few years ago against my property for a sum of around £7.5K

which was originally owed to a vehicle finance company and is consumer credit.

I've been repaying it in small monthly amounts under the arrangements post-CCJ.

 

I've now been informed by a different DCA that the debt has been sold on to them.

I received nothing about this from the original finance company or their lawyers.

 

It seems like a strange situation to me as the Charging Order is made out to the original finance company.

If I tried to sell the house, presumably legally speaking I would still owe them the money,

yet according to this second DCA, I now owe it to them.

 

Can anyone advise on what I should do to clarify the situation please?

 

thanks!

[dx100uk]

what this thread?

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?310015-Court-hearing-on-Wed-over-finance-gap-remaining-debt-on-repossessed-vehicle-case-precedents

[CAGareBrilliant]

Yep. Sigh.

[dx100uk]

merged for history.

 

 

they would need to the entry on land reg to their name to demand money.

 

 

dx

[CAGareBrilliant]

merged for history.

 

 

they would need to the entry on land reg to their name to demand money.

 

 

dx

 

Sorry, I'm not sure what you mean. The original DCA still have the charging order. Therefore even if I pay the new DCA off, the original DCA can surely still get the money too as they will still have the order?

[Andyorch]

Have you actually checked the LR since the judgment debt was assigned that it is still registered to the original DCA ?You will have to make arrangements to switch your payments to the new owner if they have not already done it.

 

Andy

[CAGareBrilliant]

What is an "LR" please Andy?

 

thanks.

[Andyorch]

The Land Registry

[CAGareBrilliant]

The Land Registry

 

Oh I see. No I haven't checked that yet, I will though. I'm quite sure nothing will have been done though.

 

In the event that it hasn't, can I simply send in a CN1 and ask the Land Registry to remove the order on the basis that the original registered claimant is no longer owed the money as they have sold the debt on?

[dx100uk]

not MKDP/hoist/robbersway is it?

 

 

dx

[CAGareBrilliant]

not MKDP/hoist/robbersway is it?

 

 

dx

 

No, it's some smaller outfit that I've not come across before. The seller was FCA Automative.

[Andyorch]

Oh I see. No I haven't checked that yet, I will though. I'm quite sure nothing will have been done though.

 

In the event that it hasn't, can I simply send in a CN1 and ask the Land Registry to remove the order on the basis that the original registered claimant is no longer owed the money as they have sold the debt on?

 

No...the charge still stands and secures the CCJ...makes no odds who now owns it.

[dx100uk]

can we have the names please then?