ASSET Link capital / CCJ

[Skint Nurse]

Hi All

Ok, short resume: many credit cards from when I had a well paid job, then unemployed, juggling debt with 0% balance transfers, eventually could not keep up due to Halifax taking £1 per day overdraft fees from dole, ergo court case. I was seeing debt advisors however, I was taken to court (probably because I had a mortgaged house and therefore an asset on which to claim) and LOST - had a Charging order from 1-MBNA and 2- Lloyds TSB. I live in the north and house is worth very little.

MBNA opted to use Restons solicitors and I have been paying a small monthly amount since the court case in 2008. However LTSB never asked for any payment.

I think it was 2 yrs ago that Asset Link wrote to me to claim that they now owned the debt but again never asked or chased payment. Today , I received a letter from the solicitors stating that "an application was made to the High Court of Justice to change the claimant's name to ALC5 and this was granted by an Order of the Court dated xx March 2018. " copy of the order enclosed.

I have just searched Trust online and there is NOTHING REGISTERED

Where do I stand and is this debt enforceable


Thank You
Skint Nurse

[Amethyst]

Okay, so Lloyds have sold on their CCJ to ALC5 - presumably they are going to attempt enforcement of the Judgment.

Back in 2008 did you receive paperwork from the Land Registry regarding an interim charging order, and then had a hearing for the final charging order ? Have you checked with Land Registry if the charge is on there?

How much approx is the judgment for ? ( assuming it's fallen off the register and your credit file now if the CCJ was awarded in 2008 as it's over 6 years )

Have Asset/their solicitors written to you other than to say they've finally had the judgment transferred into their name?

[Skint Nurse]

Okay, so Lloyds have sold on their CCJ to ALC5 - presumably they are going to attempt enforcement of the Judgment.

Llyods informed by by letter on 9 July 2016 tha LLoydst "has assigned all of its respective rights, title and interest in respect of the account to Asset Link Capital (no 5) ltd, effective 29/06/2016. Same day letter from Asset Link informing me that Llyods had sold my account with an INCORRECT outstanding amount. I had a letter from LLyods with the debt amount (£5185.70) and somewhere along the lines the debt increased to 5762.70- a typo i reckon however i have never entered into correspondence with them as they have never requested payment.

Okay, so Lloyds have sold on their CCJ to ALC5 - presumably they are going to attemptBack in 2008 did you receive paperwork from the Land Registry regarding an interim charging order, and then had a hearing for the final charging order ? Have you checked with Land Registry if the charge is on there?

A: I have searched Trust Online, is this not the same? The County Court hearing was July 2010 and the only paperwork i got was a Final charging order from the CC. No other paperwork has arrived from Liverpool County Court where the case was heard and CO filed. To be honest, re this case and the MBNA CO, I have NEVER had any paperwork from the Land Registry. I believe I did search it some years ago. I suppose I will need to pay another fee to search it again as I fear the Trust online is not the same.

How much approx is the judgment for ? ( assuming it's fallen off the register and your credit file now if the CCJ was awarded in 2008 as it's over 6 years )

(should be for 5185.70 but they've got the amount wrong)

Have Asset/their solicitors written to you other than to say they've finally had the judgment transferred into their name?

Kearrns have enclosed a dodgy looking generic High Court of Justice order

[Amethyst]

Lol, they do look a bit dodgy I'll admit, but they are right, will see if I can find one on here ...

[Amethyst]

Something like this?

[Amethyst]

somewhere along the lines the debt increased to 5762.70

Interest could be being applied if there was nothing in the order about it ( although it's not really a large enough amount to be interest @ statutory rate of 8% pa ) so not sure.


Yes the Charging Order would only show on Land Registry. ( https://eservices.landregistry.gov.u...EnquiryInit.do)

The CCJ won't show on Trust Online or your credit file as it is over 6 years old.

You SHOULD have had something from the Land Registry about the interim charge and then final charge being applied. They may just not have done it but obtained the right to do it through court - though as that was over 6 years ago they might be on a slight sticky wicket to try put it into action now.

[Skint Nurse]

Yes very similar to that letter.. Is it legit??

[Skint Nurse]

[I've just searched the land registry and this is the latest

1. 
   (20.01.2010) Equitable charge created by an interim charging order of the Liverpool County Court dated 30 December 2009 in favour of MBNA Europe Bank Limited.
   ¬NOTE: Copy filed.
2. 
   (06.10.2010) Equitable charge created by an interim charging order of the Liverpool County Court dated 28 September 2010 in favour of Lloyds TSB Bank PLC.

¬NOTE: Copy filed.
So, what does "interim charging order" mean and does this prove that asset link have never tried to change the ownership of the debt since they bought it in 2016?

Where do I stand on this and the fact that MBNA have also sold on that debt (can't recall who) but Restons still taking the monthly payment

Thanks

[Amethyst]

Yes very similar to that letter.. Is it legit??

Yes ( annoyingly)

[Amethyst]

[I've just searched the land registry and this is the latest

1. (20.01.2010) Equitable charge created by an interim charging order of the Liverpool County Court dated 30 December 2009 in favour of MBNA Europe Bank Limited.
   ¬NOTE: Copy filed.
2. (06.10.2010) Equitable charge created by an interim charging order of the Liverpool County Court dated 28 September 2010 in favour of Lloyds TSB Bank PLC.

¬NOTE: Copy filed.
So, what does "interim charging order" mean and does this prove that asset link have never tried to change the ownership of the debt since they bought it in 2016?

Where do I stand on this and the fact that MBNA have also sold on that debt (can't recall who) but Restons still taking the monthly payment

Thanks

Okay so when mbna first got the judgment they lodged the interim charge while they applied through court for the full charge. It was a long time ago now so you may not recall the details but you should have received notice of a hearing to make the charge final at the time. Well anyway what's done is done.... so asset would have to apply to the land reg to change the charge holders details ( if they are aware mbna had previously obtained one of course)

You might want to give Reston a call and ask them why you haven't been notified of the judgment debt being sold on to asset ( 2 years ago!) and ask what to do about payments. You should have been informed before just receiving the transfer notice from the high court really, but for politeness rather than any rules.

You could look at asking mbna to discharge the charge as they still hold it but have no interest in it .... but that could bring attention to it of course.

I reckon speak to restons re the payments you're making first and see if you hear anything further from assets sols

[Skint Nurse]

[I've just searched the land registry and this is the latest

1. (20.01.2010) Equitable charge created by an interim charging order of the Liverpool County Court dated 30 December 2009 in favour of MBNA Europe Bank Limited.
   ¬NOTE: Copy filed.
2. (06.10.2010) Equitable charge created by an interim charging order of the Liverpool County Court dated 28 September 2010 in favour of Lloyds TSB Bank PLC.

¬NOTE: Copy filed.
So, what does "interim charging order" mean and does this prove that asset link have never tried to change the ownership of the debt since they bought it in 2016?

Where do I stand on this and the fact that MBNA have also sold on that debt (can't recall who) but Restons still taking the monthly payment

Thanks

[Amethyst]

Interim Charging Order is basically telling the land registry a full charge has been applied for to stop people selling while the application goes through. Once its granted it's changed to a full charge. Both of those still seem to be Interim charges so they may not have been granted full charges - there should have been orders from the court informing you of each of them if they were changed to full charges.... I believe they should have applied and had them converted to full charges within 21 days, so it may be that never happened - you'd need to check with the court and if they have no information contact MBNA and Lloyds directly and ask them to remove the interim charges. I don't believe there is any need to ask later owners of the judgment.

Do you know what the Lloyds one is for?

[Skint Nurse]

Interim Charging Order is basically telling the land registry a full charge has been applied for to stop people selling while the application goes through. Once its granted it's changed to a full charge. Both of those still seem to be Interim charges so they may not have been granted full charges - there should have been orders from the court informing you of each of them if they were changed to full charges.... I believe they should have applied and had them converted to full charges within 21 days, so it may be that never happened - you'd need to check with the court and if they have no information contact MBNA and Lloyds directly and ask them to remove the interim charges. I don't believe there is any need to ask later owners of the judgment.

Do you know what the Lloyds one is for?

I went to court over both credit card debts and lost both despite being unemployed at the time and when the debts were accrued (irresponsible lending )
I have never received any notifications from either banks or the land registry.
Can I get these charging orders taken off my house? This is what is most worrying me. If I can discharge these orders I will feel less vulnerable in my home. And where do I stand as regards paying the lloyds debt to asset link being that no payments have ever been made or requested??

Thank You