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DLC Final Charging Order - Help


Ell-enn
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Oh how I wish I had found this site earlier!!! DLC are frightening. They have a final charging order over my property for some debts I haven't been able to work out. I never received any court papers and didn't know what was happening until I received a letter from the Land Registry - I sent a defence letter to the court but DLC were awarded the FCO. Earlier in the year they sent a postcard to my son's address (he lives 50 miles away) addresses to me and asking to phone the number on the card. He had just got married and his new wife had a fit!! At no time have I ever given his address to anyone!! I complained to the OFT and sent a letter to DLC chief executive - I received a letter from them apologising for the mistake and confirming I didn't owe any money to them. Next thing I know there's court proceedings and a FCO. I was so distressed at the time I just agreed to pay them £30 a month which I can't really afford. I've heard since that they can come back and ask for increased payments - this is keeping me awake at night!!! Is there anything I can do?

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Oh how I wish I had found this site earlier!!! DLC are frightening. They have a final charging order over my property for some debts I haven't been able to work out. I never received any court papers and didn't know what was happening until I received a letter from the Land Registry - I sent a defence letter to the court but DLC were awarded the FCO. Earlier in the year they sent a postcard to my son's address (he lives 50 miles away) addresses to me and asking to phone the number on the card. He had just got married and his new wife had a fit!! At no time have I ever given his address to anyone!! I complained to the OFT and sent a letter to DLC chief executive - I received a letter from them apologising for the mistake and confirming I didn't owe any money to them. Next thing I know there's court proceedings and a FCO. I was so distressed at the time I just agreed to pay them £30 a month which I can't really afford. I've heard since that they can come back and ask for increased payments - this is keeping me awake at night!!! Is there anything I can do?

 

Hi Ell-enn

 

Welcome to CAG:)

 

Believe me - you have come the right place for advice:D

 

Now I'm no expert but I do have an FCO on my property. I was extremely naive at the time and did not challenge anything in court - I found out 2 years later than I should have been paying £150 a month by order of the court after the FCO was granted (only found this out when I was contacted by a Debt Collection Agency (DCA) However, I filled in an N245 form with the court (it cost me £35 at the time) which basically tells the court what you can reasonably afford to pay each month - and it was accepted (payments being reduced to £10 per month)

 

Just looking at what you have posted - could you give us some more info on the debts ie were they credit cards, secured loans etc? You have also said that you received a letter from the DLC Chief Executive apologising for the mistake and stating that you didn't owe any money to them? - can you give us more info? Presumably you had already received a CCJ?

 

Even if DLC do try to take you to court to increase the payments, the court would only ask you to pay what you can reasonably afford - so I wouldn't worry on that score.

 

Regards

 

Bo

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Hi Ell-enn :)

Just been writing about DLC/Hillesden here:

Acquired debt???

They nearly did the same with me - wanted to get a charging order. They seem very fond of charging orders!! Hope as you read the other threads you'll find out how to challenge what they've done.

And yes, they are scary. Although I bet not as scary as the CAG seems to them right now. Chin up! :)

We will not be intimidated.

'The pen is mightier than the sword'.

Petition to Outlaw Debt Sale and Purchase

- can't read/post much as eye strain's v.bad.

VIVA CAG!!! :)

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