Alpin and DLC

[Sandy07]

I have received a letter from Alpins on belhalf of DLC saying that they are going to obtain a warrant of execution shortly, unless I pay full amount (6k) or contact DLC

I have contacted DLC and they have sent me an income expediture form which I am happy to complete some there are things on there like house value and oustanding mortgage value that I am uncomfortable with.

History is old black horse loan , CCJ by BH in Jan 2011 , paying BH monthly until sold to DLC approx 18 months ago , for one reason or another (mainly as had it set up for BH and there was a long time before BH informed me of the sale) not paid anything to DLC since (maybe foolishly)
Had the odd phone call but no real chasing of it until this

Any suggestions , I understand that if I want to make an arrangement that I have to play ball with them , I would be happy to resume the original payments in line with the judgement but have I lost that now as I didnt keep it up.

I have seen some train of thought that as the judgement was for Blackhorse and not DLC that I can use this somehow (not really confident in that at all)

Thanks for taking the time if you can offer some advice

[FlamingParrot]

Re: Alpin and DLC

History is old black horse loan , CCJ by BH in Jan 2011 , paying BH monthly until sold to DLC approx 18 months ago , for one reason or another (mainly as had it set up for BH and there was a long time before BH informed me of the sale) not paid anything to DLC since (maybe foolishly)
Had the odd phone call but no real chasing of it until this

Any suggestions , I understand that if I want to make an arrangement that I have to play ball with them , I would be happy to resume the original payments in line with the judgement but have I lost that now as I didnt keep it up.

I have seen some train of thought that as the judgement was for Blackhorse and not DLC that I can use this somehow (not really confident in that at all)

You must have an idea how much you were paying into your CCJ as it's been just 18 months since you haven't paid. You probably have some bank statements lying around showing the amount you were paying BH. The court would have ordered you to pay a certain amount every month and you seem able to keep paying at that level.

I would contact them saying that you are happy pay what the court ordered every month, will they kindly provide you with the details to set up a standing order. You should tell them what you say above, i.e. that you were happily making payments, but then the debt got sold on, and you were not notified or provided with new payment details. It wasn't your decision to stop paying what the court ordered you to pay. :thumb:

[Kafka]

Re: Alpin and DLC

What were the conditions of the CCJ regarding repayment? Did the judgment say how much you should pay each month or not?

What do you mean by "warrant of execution"?

Did they follow up the CCJ with a Charging Order on a property?

I had a CCJ with DLC that they secured on a property, but there was no stipulation on repayments. I didn't pay them and they threatened to apply for an Attachment of Earnings Order, but never did this. That all happened just before the bank charges movement so I didn't realise then that I could have fought the claim (they didn't have the credit agreement). However, I did pursue the original creditor for charges and was successful, even though the account had been properly assigned to DLC/Hillesden. Were there a lot of charges put on by BH?

[Sandy07]

Re: Alpin and DLC

You must have an idea how much you were paying into your CCJ as it's been just 18 months since you haven't paid. You probably have some bank statements lying around showing the amount you were paying BH. The court would have ordered you to pay a certain amount every month and you seem able to keep paying at that level.

I would contact them saying that you are happy pay what the court ordered every month, will they kindly provide you with the details to set up a standing order. You should tell them what you say above, i.e. that you were happily making payments, but then the debt got sold on, and you were not notified or provided with new payment details. It wasn't your decision to stop paying what the court ordered you to pay. :thumb:

I have a record of the amounts and a the original Judgement, so will do that , I supose they can only say no and go ahead with the warrant, which would not do anyone any good as no where near the amount of goods in my home to get anywhere near this amount. No equity in the house either

[Sandy07]

Re: Alpin and DLC

What were the conditions of the CCJ regarding repayment? Did the judgment say how much you should pay each month or not?

What do you mean by "warrant of execution"?

Did they follow up the CCJ with a Charging Order on a property?

I had a CCJ with DLC that they secured on a property, but there was no stipulation on repayments. I didn't pay them and they threatened to apply for an Attachment of Earnings Order, but never did this. That all happened just before the bank charges movement so I didn't realise then that I could have fought the claim (they didn't have the credit agreement). However, I did pursue the original creditor for charges and was successful, even though the account had been properly assigned to DLC/Hillesden. Were there a lot of charges put on by BH?

Yes the judgement set the monthly amount , I have had nothing to indicate that they have a charging order and I would assume that I would be notified of this.

Warrant of execution is a warrant issued for by the court to involve baliffs or in this case HCEO as its over 5k , which as I said above would not be of benefit to anyone as even if they did manage to gain entry and seize there probably wouldnt be enough to cover baliff fees

Not attempted any reclaim of charges , is this still possible ? no PPI by the way

[Kafka]

Re: Alpin and DLC

Right this is serious if you haven't kept up with the court direction for repayments.

If they are asking for income and expenditure then it looks as if they will be prepared to accept a new repayment schedule rather than demand the arrears. From what I understand, only a court can compel you to divulge I/E details, but I'm conscious here that if you haven't kept to the court agreement then DLC do have the right to push for distraint through the bailiffs for the arrears since they took it over.

Property - is this jointly owned and was the loan in only your name?
If they want a Charging Order then that would require a new court hearing to obtain it (actually two stages of hearing). That would mean that when the house is sold they would be repaid in full, but you might be able to argue to the court that you can't make the repayments in the meantime.

Income - do you have a regular job that they could seek an Attachment of Earnings Order to? I suspect they would apply for a court order for that if they don't get a solution soon.

Can you say what the original repayment per month was in the CCJ, and could you realistically say that you could meet that now? If you can I'd be inclined to commit to make that payment and not send the I/E details, which could cause more problems if they think they can squeeze you more.

Regarding reclaiming from BH, I can only say that I did it from the original creditor (Citi) after the account was assigned to DLC and won the charges back plus interest to date. They never referred it to DLC and the court didn't require me to pay the claim to DLC against the judgement. Perhaps the key here is how much the charges add up to with interest. If its a tidy sum then it might be worth trying.

[Sandy07]

Re: Alpin and DLC

Right this is serious if you haven't kept up with the court direction for repayments. Agreed

If they are asking for income and expenditure then it looks as if they will be prepared to accept a new repayment schedule rather than demand the arrears. From what I understand, only a court can compel you to divulge I/E details, but I'm conscious here that if you haven't kept to the court agreement then DLC do have the right to push for distraint through the bailiffs for the arrears since they took it over.
Agreed that they could do this but it wouldnt be in anyones interest as I am provided with company vehicle so do not own private vehicle apart from 35 quid old mountain bike. Possesions levyable posessions would probably not even meet the HCEO fees
Property - is this jointly owned and was the loan in only your name?
If they want a Charging Order then that would require a new court hearing to obtain it (actually two stages of hearing). That would mean that when the house is sold they would be repaid in full, but you might be able to argue to the court that you can't make the repayments in the meantime.
There is negative equity in the property and it is my name only

Income - do you have a regular job that they could seek an Attachment of Earnings Order to? I suspect they would apply for a court order for that if they don't get a solution soon.
I do but the letter from Alpins was for a warrant of execution which after some research I beleive is the baliff route. I am a little suprised that this has been first choice due to how many people realistically have 6k worth of saleable possesions in their house

Can you say what the original repayment per month was in the CCJ, and could you realistically say that you could meet that now? If you can I'd be inclined to commit to make that payment and not send the I/E details, which could cause more problems if they think they can squeeze you more.
This is my plan as I can realistically afford this at present and I agree that the I/E would probably be used in this way

Regarding reclaiming from BH, I can only say that I did it from the original creditor (Citi) after the account was assigned to DLC and won the charges back plus interest to date. They never referred it to DLC and the court didn't require me to pay the claim to DLC against the judgement. Perhaps the key here is how much the charges add up to with interest. If its a tidy sum then it might be worth trying.

Nothing ventured nothing gained , 10 quid for a SAR and take it from there I think, might be a substantial amount of charges as this was one loan for 1k and then a top up loan for a further 1k paying back the first one etc , ( stupid stupid stupid I know)

[Kafka]

Re: Alpin and DLC

Given the circumstances and the fact that you have broken the CCJ requirements, I would be inclined to go straight for an offer to DLC to make the court-stipulated payments every month from now on. The court hasn't stipulated more and they don't have the right to increase that amount because if they were concerned about recovering the arrears they would perhaps take that to court. If you make a reasonable offer like this that puts you back on track, then providing you stick to that they might struggle to get the court to intervene again. I would resisit any further attempts to give them I/E details as they can't benefit you and could cause problems.

I asked about the house to see if there is any chance they could push for an Order of Sale and they wouldn't be able to do that if it was jointly owned. The negative equity is not an issue now, because the Charging Order would only be executed on the sale of the house and the value at that time. In this case I think we need to remove all the options on the property by making a reasonable offer as stated. With that in hand, I think they would struggle to get the court for more if they refused it.

Do send the SAR to BH to see what you get and then we can consider the charges. That obviously has no bearing on DLC.

I would like to hear some other people's comments on all of this.

[Sandy07]

Re: Alpin and DLC

I agree that this is the best way forward for all parties , hope they see it the same , it is not an insignificant monthly amount that will clear the debt within 3 years
thank you for all your sound advice

[FlamingParrot]

Re: Alpin and DLC

I would like to hear some other people's comments on all of this.

Given the circumstances and the fact that you have broken the CCJ requirements, I would be inclined to go straight for an offer to DLC to make the court-stipulated payments every month from now on. The court hasn't stipulated more and they don't have the right to increase that amount because if they were concerned about recovering the arrears they would perhaps take that to court. If you make a reasonable offer like this that puts you back on track, then providing you stick to that they might struggle to get the court to intervene again. I would resisit any further attempts to give them I/E details as they can't benefit you and could cause problems.

Those were also my thoughts as per my post above. They are concerned that no payments have been made for 18 months, but there's a valid reason for having stopped payments due to lack of communication when the account was sold.

I asked about the house to see if there is any chance they could push for an Order of Sale and they wouldn't be able to do that if it was jointly owned. The negative equity is not an issue now, because the Charging Order would only be executed on the sale of the house and the value at that time. In this case I think we need to remove all the options on the property by making a reasonable offer as stated. With that in hand, I think they would struggle to get the court for more if they refused it.

I don't see any mention of a charge on the OP's property. :noidea: Unless I've missed it. :confused2:

COs are very easy to obtain, especially if the debtor has not kept up the payments ordered by the court, however, orders for sale are hardly ever granted for consumer debts under £25k.

A warrant of execution is to be able to send bailiffs, which is something you don't want, however, at this stage, it looks like they are just THREATENING to apply for one, rather than actually applying for one. :thumb:

[Kafka]

Re: Alpin and DLC

Those were also my thoughts as per my post above. They are concerned that no payments have been made for 18 months, but there's a valid reason for having stopped payments due to lack of communication when the account was sold.

I don't see any mention of a charge on the OP's property. :noidea: Unless I've missed it. :confused2:

COs are very easy to obtain, especially if the debtor has not kept up the payments ordered by the court, however, orders for sale are hardly ever granted for consumer debts under £25k.

A warrant of execution is to be able to send bailiffs, which is something you don't want, however, at this stage, it looks like they are just THREATENING to apply for one, rather than actually applying for one. :thumb:

There isn't a suggestion of a Charging Order, but DLC like to go for these as security and they have started asking about equity so they have thought about it. I think all of that will be kicked into touch on agreeing to restart payments and that will take the initiative away from DLC.