Tradepro card assigned to Hoist Holdings and Robinson Way

[Wilfred17]

Hello I signed up, many years ago, for a tradepro account/ credit card. I was approached in the street and signed a credit agreement in March 2006. The amount i spent on this card was approximately £2800. I made payments and then unfortunately lost my job.

 

This is when the fun began. I tried to be reasonable with this company and they eventually took me to court in 2010. I stupidly didn't attend although i did try to defend by letter and judgement was granted. They then proceeded to place a charging order/ restriction on my house.

 

They then passed the debt on to Marstons debt collectors - who added charges, costs, visits to this debt and it totalled approx £6000 in the end. They threatened to take my car, frightened the kids to death . I managed to get tradepro to call them off and the last letter i had from them was in june 2011, a statement of account saying i owed £4100.

 

I have not had any contact since and have been too scared to do anything other than worry about the charging order and then all of a sudden i get a letter of assignment from Hoist Portfolio and a debt collection letter from Robinson Way asking for payment. Im not sure where to go from here.

 

Please could i have some much needed advice?? Thankyou in advance.

[dx100uk]

so the debt has been sold to a no powers DCA.

 

is this mortgage solely in your name or is the property joint?

if it joint it should have been a restriction not a CO.

 

you don't have to pay anything

they have the CO, and it will be settled when/if the property is ever sold.

though if your sols is cute is can be ignored sometimes

 

it surprises me they've sold it

as that usually points to it being somewhat sceptical on its actual value.

 

dx

[Bazooka Boo]

In a rush so have to be quick!

 

Check your credit files first and see if this is on there, or marked as a CCJ.

 

You can also check Trust Online, costs about £4 I think, to see if you have any CCJ's registered against you.

 

DO NOT contact robbersway or HPH at all, just yet!

[Wilfred17]

Its a joint mortgage and its on the land registry as a restriction

 

Will they even be aware this is on the house?

 

Its says on the letter from Hoist - that MKDP LLP has assigned all respective rights title

and interest in respect of the referenced account (including the outstanding balance) is that what it means?

 

Thing is - we are wanting to sell the house pretty soon - any suggestions?

 

I will check credit file in the meantime.

 

Thankyou

[Wilfred17]

Checked credit file - nothing at all about this - no ccj

[dx100uk]

so this CCJ/CO was more than 6yrs ago?

if so the CCJ has fallen off.

 

pers i'd keep quiet

and as its a restriction

if your sols is cute [:wink:]

 

it can be ignored

[Wilfred17]

Yes the ccj has gone - so do i tell the solicitor to ignore it? Thanks

[dx100uk]

the restriction

[Wilfred17]

Thank you

[Wilfred17]

Hello again.

In a dilemma with reference to the above. Please help.

 

We still have the dreaded restriction on the land registry and we need to borrow some money to enable us to undertake some essential repairs to the house before we can sell it.

 

I have managed to get some good quotes to borrow until

- the loan company checked the land register.

 

They have said we cannot have the cash until the restriction is removed.

We are now in a hole!!!

 

Robinson way are still harassing us with phone calls and letters but at no point has this restriction been mentioned.

 

Do you think we should ring them and come to an agreement to pay?

And then could we send this to the land registry to get them to remove it.

 

I really don't know what to do

but we have no choice but to het hold of the cash as we need a new roof.

 

Help is needed badly - thankyou

[dx100uk]

can I just check

this is only a restriction type K?

 

 

if so

AFAIK the loan company should not be refusing

its only a restriction not a full Charging order?

 

 

 

 

dx

[Wilfred17]

Managed to find a letter from land registry that says restriction in form k?

[dx100uk]

then I don't think the loan company should be rejecting you

its not a full blown charge it simple a restriction on 'your part'

[martin2006]

There is no onus on a conveyancing solicitor to discharge a debt from a form k restriction should the property ever be sold. His responsibility is limited to informing the creditor that there is a new owner of the property and that the restriction should therefore be removed.

[Wilfred17]

Ok will go back to them tomorrow to see what they say.

Thanks for now

[martin2006]

All the form k does really is grants them notification that a sale has taken place

[Wilfred17]

I have saved the letters from Robinson Way - do you think if i contacted the court to tell them the debt is now being pursued by another company they will take this off? Either the court or the Land Registry?

[dx100uk]

Why do you think they would do that?

Its not their remit

Only the owner of the K can do that

 

But I say again

A lender has no right legally to refuse a secured? Loan because of a K

None of their business!

They are being pedantic IMHO

[Wilfred17]

But the owner of the k is now gone? And the debt is just being passed along. I feel i am stopped every way i turn.

[dx100uk]

is the k still in tradpro name?

 

 

dx

[Wilfred17]

Yes it is

[dx100uk]

http://landregistry.custhelp.com/app/contactus_general/

 

 

pop up here

go ask the question

 

 

I have a restriction k on my property

the named company that took out the K has gone bust years ago

how do I go about resolving this issue as I need a new roof!