charging order hearing in need of some advice

[FlamingParrot]

Re: charging order hearing in need of some advice

morning all,

as previously stated i would like to continue with this thread as i believe there is some form of remedy in this case.

Morning

What form of remedy do you have in mind?

[skilganon]

Re: charging order hearing in need of some advice

hi FP,

i am hoping that will become clear as i continue to post , the reason i am doing it this way is so that you have the facts as they happened and not to try not to confuse things, i am not sure if this is the correct approach or not.

please feel free to ask any questions as i continue.

but to briefly try and answer your question:

i had a PPI insurance policy which covered payments through redundancy, i had no idea this existed until i rang ' lender' to explain i had no more money to continue payments under the ' agreement' and would like to come to some short term 'agreement' of reduced payments.

lost job 8th aug, made call to ' lender' 31st october ( paid installments in between )

was told by 'lender' dont worry because you payments are covered by insurance ???

claimed on insurance, ( just happened to be lloyds insurance ) insurance co. kept stalling and stalling, NEVER did receive a penny, my counterclaim when black horse issued proceedings was based on insurance policy.

based on this: the PPI policy was paid 'up front' and in full as this was part of the loan ( my fault i didnt realise ) but the paperwork i signed was almost unreadable.

so i paid 3300 ( approx) up front for this policy, plus interest and didnt know i had it and never received a penny from it.

i hope this helps

[skilganon]

Re: charging order hearing in need of some advice

hi FP and all,

now we get to the more serious stuff,

i was contacted by the garage to tell me everything had been accepted etc etc and that i needed to call into the garage as early as possible on the morning of 3rd september 2008 and sign an official " order' for the vehicle and products discussed i went in and did as requested, dont remember what time it was but it was around 8 am, along with my driving licence for gap insurance reasons.

attached is the document i signed

[skilganon]

Re: charging order hearing in need of some advice

Hi FP and all,

sorry i have been a while getting back to this thread have had to buy some more ink to copy and redact docs and also pick up the trial bundle and sort through the necessary docs.

to continue where i left off : having called in at the garage and signed the 'order' ( as per attachment in previous post) i could then pick up the vehicle after 4pm and sign the 'agreement' to borrow the monies needed.

my manager offered to take me to the garage after work as it was on his way home ( and he wanted to see the car), so we locked up the office and arrived at the garage at about 5.45 pm, the salesman who was supposed to be there to sort everything out had been called out and wasnt back until the morning, but had left the paperwork with a colleague for me to sign. so after viewing the car my manager left and i went to sign the paperwork ( i was now on my own 14 miles from home with no transport save for the new car).

when i saw the paperwork i had to sign it was totally unreadable, it was merely a fax sent to the garage at 11.54 am, obviously sent after i had signed the 'order', i complained at the time and the salesman said i couldnt take the car if i didnt sign, so i signed the docs, he read from notes he had been left i had to sign in 3 places
1) for the loan
2) for the insurance
3) for the direct debit

this was my mistake as i assumed that the insurance was for the 'gap' insurance policy we had discussed.

pleas find attached the docs i was presented with there were 7 pages in total, the first 2 were the 'agreement' itself and the T & C 's which i did not get a copy of at the time, i was promised one would be sent in next few days ( it never was)

i do not know why i dont have a page 4? but have attached pages 3,5,6 and 7

notice at the top of each page clearly that this was faxed to the garage at 11.54 am on 3rd sept 2008 3/4 hours after i had signed the order.

[skilganon]

Re: charging order hearing in need of some advice

morning all,

have received the order from the court for this now and it looks to me to be worse than i thought !?

on 13th june 2014, DDJ xx

sitting at the county court xxx

upon reading a letter from the defendant ,hearing the solicitor for the claimant

and the court orders that

1. the charge created by the order made on the 15th april 2014 shall continue

2. The interst of the judgement debtor xxxxxx in the asseet described in the schedule below stand charged with payment of the sum of xxxxxx the amount now owing under a judgement or order given on 5th march 2014 by the county court business centre in claim no. xxxxxx together with any further interest becoming due and 254 the costs of the application.

3. the costs are to be added to the judgement debt.

the schedule

the address of the land or charged property is xxxxxxxxxxx, the title to which is registered at hm land registry under title no. LL

from how i understand this , they can keep adding interest on and on ?

one part i am not sure about is " under a judgement given on the 5th march 2014 by the CC business centre" ???

any advice or help would be much appreciated

[skilganon]

Re: charging order hearing in need of some advice

going to bump this thread up a little if you dont mind with another small question?

at the bottom of the order it gives the title number of the property, only it doesnt ? it simply lists LL ?

is this an error by the court ?

[skilganon]

Re: charging order hearing in need of some advice

Hi all,

going to have another go at bumping this thread up a little, would really appreciate some help on the court order i have now received?

[skilganon]

Re: charging order hearing in need of some advice

please, anyone, anything?

[Amethyst]

Re: charging order hearing in need of some advice

Apologies I thought you were dealing with FP. I'll have a read through and see where we're up to.

[skilganon]

Re: charging order hearing in need of some advice

hi amethyst,

thank you for your reply, i dont think FP has seen my posts yet. FP was going to look at the case from the beginning. my post was for advice on the court order for the recent charging order hearing.

sorry, i may have caused confusion by mixing up the recent court case with returning back to the beginning of this nightmare, would it be better if i started a new thread regarding starting from the beginning ?

as i really do believe there is some form of remedy in this for me, seeing as though i paid approx 2300 up front plus interest for a ppi policy i knew nothing about. got made redundant was informed of the policy, rightfully claimed but have never received a penny !! i couldnt cancel the policy as it had already been paid in full by the loan company, it must have been as it was part of the 'loan' they issued the claim on.

[skilganon]

Re: charging order hearing in need of some advice

would really like an opinion on the contents of the court order if anyone could oblige please

[Amethyst]

Re: charging order hearing in need of some advice

Okay - The order is pretty standard for a charging order - the land registry number they probably just didnt have when the order was typed up.

You can still reclaim your PPI - do it through the ombudsman after complaint to the lender.

The March CC Business Centre is the original judgment date.

[skilganon]

Re: charging order hearing in need of some advice

thank you amethyst,

my biggest concern is this : together with any further interest becoming due

What does this actually mean please ?

during the trial the judge ruled that the PPI had nothing to do with the lender, he also inferred that the garage were the ones that mis sold the PPI

he then ruled that i knew all along that i had taken out a PPI insurance policy even though i was made redundant on the 8th of aug. and didnt get in touch with the lender until 31st october and even then only rang the lender to explain my financial situation which they had logged in their trial bundle !!!

how he came to that conclusion GOD! only knows but it was in his summing up statement so will be on record.

he asked me twice at the hearing why i hadnt gone for the insurance company, to which i replied because they are all the same company, the same office!

i honestly believe that the lender did not pay the insurance company in full at the time of the loan, so i was thinking to start by sending an SAR to the insurance company ?