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C l finance charging order nisi

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  • C l finance charging order nisi


    I have been to my bank to look at my mortgage and look at getting a better rate. Everything was fine until they told me I have a Charging Order NISI on my house. It dates back to 2008 and shows a zero balance. They are unable to proceed without a 'letter of postponement. I have absolutely no idea what it is for or who C L Finance are so tried to find a telephone number to ring them whilst in the bank. Every number says "you have dialled an incorrect number". I must have dialled around 10 numbers +. I did get through to someone on one telephone number but they said they were not C L Finance, they were MoneyPlus, a debt solution company, and the lady told me they were no longer trading. Companies House still shows them as trading, but for the life of me I cannot find anyone to speak to at C L Finance. There is a PO Box address but I don't want to write to them as I have no real details of what this was regarding, and if they have ceased trading, how long would I need to wait for a response, and if no response, how many times would I need to write to them. What happens if they don't reply. Many questions henace why I would prefer to speak to them.

    Back in 2008, I was going through some financial struggles, so it must be something to do with this, but thought everything was sorted i.e. everything was paid off over time.

    Have just downloaded a copy of my Title Register and it shows the below:

    (18.08.2008) Equitable charge created by an Interim charging order of

    the Bradford County Court dated 1 August 2008 in favour of CL Finance


    ¬NOTE: Copy filed.

    I think my banks hands are tied so will not proceed without a letter of postponement from C L Finance but then my worry is if they have been taken over by another debt company, would this company be able to do the letter and have the CO removed?

    I have thought about getting in touch with the court but will they need the court/case number? I only have a reference number my bank have given me?

    P.S. the mortgage advisor said he has never seen a zero balance on a charging order, and even the word NISI confused him.

    Any advice would be much appreciated, and thank you in advance.
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  • #2

    my bank have said they cannot help me until the charging order is removed and advised me obviously to try get hold of CL Finance to get a letter of postponement.

    Today I rang a company called Hoist Finance who says they took over CL Finance and all their debt accounts, as CLF have ceased trading back in 2014 (he thinks). They say I have an outstanding balance of around £1560. I told them the balance was zero because I must have paid it off back in 2008/09 like everything else. They have said I need to prove I did this.

    They have told me to get in touch with Robinson Way who work with them to recover debt. I have asked Hoist to provide me with the original Credit Agreement and they have said they will ... but they said this over the phone, so will probably send them a letter. Not sure ... maybe someone can advise what I should ask for? Should I ask any other questions?

    I rang Bradford County Court who said that without a case number, they cannot do a search, and the lady went on to say that she believes most documents over 10 years old would have been destroyed by now. Not sure how true this could be.

    If I eventually find that I owe no debt, would this Hoist company be able to remove the CO from my mortgage? If they did take over the company and any debt details, I gather they are legally able to contact Bradford County Court to remove it?

    I'm really stuck

    Who should I be directing all communications to. Hoist Finance or Robinson Way?

    I have read some stories on the web about making a lower offer to repay the debt. I know that people may ask that if I'm sure I have no debt then why would I offer to pay .... because I'm fed up with this now, and it seems I'm going round in circles and no-one is able to offer me any solutions (bank/court/land registry). If it is easier to get rid of the Charging Order by making a low offer, I would take this option, but how much should I offer if they say the debt is £1560.


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