debt company brought debt and now got a charging order

[bottle04]

A debt company has purchased a debt that was mainly bank charges from the Halifax unauthorised overdraft of about £130 escalated to almost £2000 over the 5 ½ year period. they have taken me to court and I was ordered to pay it. I put an offer in of £1.70 per month after all my other bills were paid this was left over, I was on benefits but now am staring self employed but now can afford £10 per month or a little more. The court date came and I was violently ill so could not attend, can’t prove it as was not medical i.e. hospital, just poorly for a couple of days. In my absence the debt company has been successful in obtaining a charging order on my property. I still waiting for the forms but got the letter from the court saying they have awarded in favour of Debt Company. Pleas can any one advise me as what to do. I got a case worker at the C.A.B but she seems to just be accepting things rather than fighting them any help would be gratefully received.. not sleeping that well..Thanks ricko

[Inca]

Re: debt company brought debt and now got a charging order

Hi + to LegalBeagles,,someone will pop by and help

[teaboy2]

Re: debt company brought debt and now got a charging order

Well you could go try and apply for a set aside on the basis you will to sick to attend court. Though to be honest if you never rang the court on the original court date or when you first became ill, then you may have an uphill battle if persuading the court since you have no medical record to prove it. Though a witness statement from a third party such as direct family member whom witness you being ill may be enough. But i wouldn't hold your breath.

[Amethyst]

Re: debt company brought debt and now got a charging order

If you have a charging order then it means the debt is secured on your home. The forms you are waiting for are they for applying for a set aside or redetermination ?

Could you post up the text of the judgment order you received pls.

Also if you still have it if you could type up the particulars of claim from the N1 form that would be of use.

[Arthurmonet]

Re: debt company brought debt and now got a charging order

A debt company has purchased a debt that was mainly bank charges from the Halifax unauthorised overdraft of about £130 escalated to almost £2000 over the 5 ½ year period. they have taken me to court and I was ordered to pay it. I put an offer in of £1.70 per month after all my other bills were paid this was left over, I was on benefits but now am staring self employed but now can afford £10 per month or a little more. The court date came and I was violently ill so could not attend, can’t prove it as was not medical i.e. hospital, just poorly for a couple of days. In my absence the debt company has been successful in obtaining a charging order on my property. I still waiting for the forms but got the letter from the court saying they have awarded in favour of Debt Company. Pleas can any one advise me as what to do. I got a case worker at the C.A.B but she seems to just be accepting things rather than fighting them any help would be gratefully received.. not sleeping that well..Thanks ricko

Advice I have been given is that if a debt is sold to another collection agency, they cannot collect it without your consent. The purchaser of the debt is not entitled to collect the debt without authority. I suggest that you check to see if the company taking you to court did have your authority to pursue you for the debt. Just because the original debt holder had your consent, that does not automatically transfer to the new collection agency.

[warwick65]

Re: debt company brought debt and now got a charging order

Hi Arthur
This post is nearly 4 years old so probably not relevant now

In addition I think your claims are untrue - I am guessing you found them on goodf