Charging Order

[sapper23]

HI GUYS

I HAVE A LOAN & O/DRAFT WITH RBS, 2YRS AGO I LOST MY JOB DUE TO THE CRUNCH AND THOUGHT I WOULD BE OK AS I HAD PPI ON THE LOAN, IT TOOK RBS A GOOD FEW MTHS BEFORE THEY INFORMED ME BECAUSE ITS A JOINT LOAN AND THE PPI WAS TAKEN OUT ON THE LOAN IT ONLY COVERED THE FIRST NAMED PERSON WHICH WAS MY HUSBAND SO I WAS UNABLE TO CLAIM. (we did get all our ppi back up misselling)

THEY TRIED TO TAKE MYSELF AND MY HUBBY TO COURT SEPARATELY USING 2 DIFFERENT SOLICITORS BUT AFTER I CALLED AND STATED THEY WERE GETTING ME DEEPER INTO DEBT IT WAS MOVED TO SCHOOSMITHS.

FEB 2010 WE HAD A CCJ PLACED AGAINST US AND WE PAY £100 EVERY MTH WITHOUT FAIL BUT NOW THEY ARE TAKING US BACK TO COURT 10TH AUG TO ASK TO PUT A CHARGING ORDER ON OUR PROPERTY EVEN THOUGH ITS IN NEGATIVE EQUITY.

I DONT UNDERSTAND WHY THEY WANT TO DO THIS, THERE REASON IS RBS IS NOT HAPPY WITH THE £100 AS IT WOULD TAKE 16YRS TO PAY OFF THE DEBT.
EVEN THOUGH THEY HAVE IT IN WRITING THAT ONCE OUR FINANCES IMPROVE AND I GET A JOB WE WILL PAY BACK THE ARREARS AND START THE CORRECT PAYMENTS AGAIN.

WHAT ARE MY CHANCES OF THE COURT NOT ALLOWING THIS.

MANY THANKS

[Amethyst]

Re: Charging Order

You can respond to their application for a charging order with a witness statement, saying that under the judgemented £100 a month you have not missed a payment, and that your property is in negative equity a charging order is not appropriate. I'll dig out some quotes for you about charging orders.

I assume the other solicitors was Irwin Mitchell. RBS like employing Shoosmiths and Irwin Mitchell to chase both parties of a joint debt. Well done for getting it all dealt with by the one.

Do you have your original T&C's for the PPI ?

[sapper23]

Re: Charging Order

Thanks Amethyst For Your Quick Response.

Yes I Think I Have My T/c For The Loan, Once I Realised That We Had Been Sold The Ppi Incorrectly On This Loan I Requested That All Our Joint Loans We Had Taken Out Over A Period Of 15yrs With Rbs Were Looked At In Regards To The Ppi And Have Recieved All The Premiums Back On Every Loan.

My Worry Is That If They Get The C/order They Will Request We Put Our House Up For Sale Or Send In The Bailiffs Either Way They Will Not Get The Money This Is Purely Because Of The Way They Have Spoken To Me On The Phone.

I Did Ask Them If Rbs Had Requested This C/order And The Woman On The Phone From Schoosmiths Quickly Said She Would Have To Call Me Back Regards This.

Many Thanks X

[sapper23]

Re: Charging Order

Another quick question

Can a charging order be placed on a property without any other court proceedings i.e ccj and are schoosmiths legally entitled to call the partner of the person who has this debt to inform them of there actions towards them.

my sister has a debt of £2k with Rbs which has now gone to £11k with the charges and schoosmiths have been threatening her with a c/order and have tried to call her husband regards this debt there reason was that he needed to know about the order.

Is this legal

many thanks x

[pt2537]

Re: Charging Order

please try not to worry, these things are defendable without doubt.

BEFORE Deputy District Judge Bell sitting in the Blackpool County Court on the 20th day of July 2010


UPON HEARING Counsel for the Claimant and Counsel for the Defendant
AND UPON reading the papers


And the parties having agreed to the terms set out in the attached schedule



IT IS BY CONSENT ORDERED


1) That Summary Judgment dated 4th February 2010 obtained by the Claimant against the Defendant before District Judge Law be set aside.
2) The Interim Charging order obtained by the Claimant on 26th February 2010 over XXXXXXXX Blackpool L************** registered at the Land Registry under Title Number L*************** be discharged.
3) That all further proceedings in this claim be stayed except for the purpose of carrying such terms into effect AND for that purpose the parties have permission to apply.

SCHEDULE
1) The Claimant agrees not to proceed with its current claim against the Defendant and not to issue any further claims against the Defendant arising from the credit card agreement forming the basis of the Claimant’s claim.
2) The Defendant agrees not to bring any or any other proceedings against the Claimant arising from the credit card agreement forming the basis of the Claimant’s claim.
3) The Claimant undertakes that there be no liability as to costs for the Defendant arising out of the Claimant’s claim arising from the credit card agreement forming the basis of the Claimant’s claim.
4) The Defendant undertakes that there be no liability as to costs for the Claimant arising out of the Claimant’s claim arising from the credit card agreement forming the basis of the Claimant’s claim

That is the text from the last outing i had against one of the big banks , so they can be beaten these big banks, the key is, to make sure that you put forward the right arguments,


Also you have an issue over the PPI too, can you give us more details on that, and if possible can you provide the loan agreements minus the personal details, there may well be a viable case here , but we need to get more info first so we can see what arguments have legs and what dont, it may be that the PPI for example could leave the whole loan agreement unenforceable and much like the case above you could attack it and have it declared unenforceable, even with a CCJ (see southern District Finance v. Turner)

This may well be a perfect time to attack the £100 per month payment if you are struggling to pay it comfortably

Regards

Paul

[sapper23]

Re: Charging Order

Hi Jack Russell

Thanks for your post, i will look through my paperwork and hopefully get the T/C to you, as i am at court on the 10th Aug regarding the Charging Order and i need to sort this before then.

many thanks x
------------------------------- merged -------------------------------
sorry it should say pt2537 sorry sorry i am new to this lol lol

[Brian]

Re: Charging Order

Guys Did I not read somewhere that a C/O against a property in negative equity tantamounts to almost an abuse of process (vindictive!)

In basic terms what is the point of it?

Bri