scm lloyds and charge on old property

[messimoo]

hope someone can help I am now at my wits end with the underhanded tactics from black horse scm and a charge they put on a propertyn I used to own. I'll start from the beginning.

2008 took out a loan for just 3000 from bh thry told me unless I took our PPI i couldn't have the loan so had to relent (i didn't know then about thisnmisselling) put house up for sale in 2010 and sale fell through leaving me unemployed. asked bh to accept a lower offer but refused asked then to have ppi deleted so can make lower payments but no refused. asked to used ppi but said not allowed as I was not covered then told me to default and we can help. in october they secured a ccj against me but didnt give any way or where to make the payments. finally after 6 months they sent a method of payment and I started paying 1.00 per month (as the ccj stated) and also payed over the top to make sure it was kept up. finally house was sold and contracts ready to exchange only to find out that behind my back they got an interin charge. I called thrm and told them that the house was in fact sold and that exchange date was before the court hearing on 1st aug. and as I had found out about claiming back ppi I wished for the account to either be placed on hold for the ppi outcome or I would clear the 3000 loan itself on completion but this was refused even though repeatedly told them that contracts were signed now and sale due to complete before court hearing. Fast forward 2 weeks ago. I called the BH ppiu claims to give new address for claim but was told that BH had gone to court on the 1st and obtained the full charge knowing full well that the completion had gone through and I had contested it (i dont think the judge had even read my objections as I now live over 100n miles away) and couldnt attend when I called them to object what they had done only to be met with tough get over it. Today I have received a letter from my sols stating that bh are demanding over 6000 (including the ppi dispute) or the new owners will not be allowed to olegally own the house or release the deeds. So it seems now they are not only holding me to ransom they are dragging in the new owners and holding them to ransom. what sould I do bh have continually thwarted evey effort to reach a solution instead bullying and holding people to ransom destrying innocent lives have been obstructive from the beginning and refusing to come to any solutions exept for placing the charge on the property after contracts were signed it is obvious that they lied to the court because I coulkd not attend what should I do before I go out of my mind.

[Judge mental]

Re: scm lloyds and charge on old property

Hi:

A court should only consider a charging order if you have defaulted on the 'installments' in the CCJ.

An interim charging order can be made without a hearing, Did you receive a copy of the interim charging order? you should have been sent a copy at least 21 days before the full hearing, you should also have been advised of the date of the full hearing

Have you received anything from the Land Registry stating that a 'caution' has been placed on the property? This is done at the interim order stage and means you cannot sell the property without the creditor knowing or until after the full hearing.

You can ask the court to 'set aside the order' on the grounds that -

a) you were unable to attend the hearing due to the distance involved, (and if applicable that your were not advised of the hearing) you can ask that the case be transferred to your local court

b) You were not given an opportunity to contest the application as you consider that as there has been no default on the CCJ therefore the creditor is not entitled to a charging order, Mercantile Credit Co Ltd v Ellis (1987). The charges imposed by the claimant in making the application to which they ought to have known they were not entitled should not be recoverable.

c) The amount claimed as a debt includes an amount for Payment protection Insurance which was miss-sold, in dispute and recoverable.

If this is a route you wish to follow you make the application on a form N244, there will be a fee you will need to include with your application (unless you are on certain benefits or on a low income, in which case you should also complete form EX160)

There will be a hearing to decide if the order will be set aside or not. If it is set aside, the debt will go back to the CCJ stage and the creditor will have to re-apply for a charging order.

You can request a hearing urgently as the claimant is threatening to use the charging order (obtained after contract were signed) to prevent a sale taking place.

Hope this helps

Stuart

[messimoo]

Re: scm lloyds and charge on old property

after a fashion we discovered that because of the account should be on hold they should have never even thaught about a charging order including the fact that thery were aware the property at that time was sold subject to contract and awaiting a date (back begining july) thry refused point blank to cooperate I called BH and after threats of tsking them to court they agreed finally to get the charge removed from the property. but they still were pedantic asbout it and instead of the usual signing off and telling lanmd registary immediatly thry decided to go the old fashioned way by snail mail csusing the new owners distress and thier solicitors to threaten to sue me is there a way I can get back at BH and thier bunch of incompitasnt monkeys for stress and inconvienience