A second charge by CPC Finance has been added to my mortgage

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Re: A second charge by CPC Finance has been added to my mortgage

Hi Di,
Should I contact Hillesden Securities directly by email or post, if you could give me advice on how to approach this, it would be very much appreciated.
Many Thanks

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Re: A second charge by CPC Finance has been added to my mortgage

Hello
Is there anyone who can help or give me advice what I should do now please. many thanks

[Diana M]

Re: A second charge by CPC Finance has been added to my mortgage

I would call Santander again and ask them to clarify the situation since you say their letter refers to one business (CPC Finance) having charging order on your property but the phone call you made says it's a different business (Hillesden).

If it is Hillesden then call them in the hope that they'll give you the information you need. Ask them to put it in writing after you have spoken to them.

Di

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Re: A second charge by CPC Finance has been added to my mortgage

Hi Diane
Thank you for your reply.
I have spoken again to Santander, who advised this is from Hillesden Secrurities, whom I wrote to last week, asking for copy of original agreement. I have received a letter from Mortimer Clarke Solicitors today, which reads....

"Our clients position is that your request is misconceived as this matter is payable under the County Court Judgment, obtained on 17/03/2010. A final charging order was granted on 04/06/2010, securing the debt against your property. We are instructed that this debt relates to a Unsecured Loan agreement with Black Horse Ltd. The agreement was entered into on 11/09/2003, terminated on 06/07/2007 and bore the agreement number xxx. The debt was then assigned to our client, ME 111 Limited, on 01/03/2016. We have requested a copy of the Agreement and other documentation, but our client is not obliged to provide it. Our client is fully entitled to enforce the judgment. We suggest you seek independent legal advice. This debt is payable under the County Court Judgement and therefore our client requires the debt to be addressed. Please find enclosed an income and expenditure for your completion and return with a proposed offer of repayment the next 14 days. If we do not hear from you within this time, we will refer to our client for further instruction."

As this debt goes back to 2003 (14 years ago) I assumed it was statute barred as no contact or payments have been made.
Please help, I am so worried I am going to loose my home.
Many Thanks

[Diana M]

Re: A second charge by CPC Finance has been added to my mortgage

This is most perplexing.

If there has been a Charging Order on your home since 2010 how come Santander have only just found out and written to you about it seven years later?

In post # 13 you quoted Santander's letter which said the CO had only just been registered which was why they were withdrawing the Available Funds Facility on your mortgage.

Here is the wording on the letter...
A Second Charge in fabour of CPC Finance has just been registered and we have therefore had to withdraw the Available Funds Facility from your mortgage.
The Second Charge will need to be fully repaid before the Available Funds Facility can be reinstated.

I have called Santander for information, they have advised me it is Hillesden Securitues Limited, DLC, Buckingham Road, Brackley, Northants NN13 7DN, they advised they do not know the amount.

However that letter from Santander refers to a charge from CPC Financial so could it be a third charge which is nothing to do with Hillesden?

Di

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Re: A second charge by CPC Finance has been added to my mortgage

Hi Diane, I have spoken to Santander this morning, they started by telling me the reason they sent the letter was due to the second charge order changing hands?? I told them this made no sense whatsover, they advised both myself and husband had signed to agree to this charge in 2010, I asked for proof of this, as there is no way we would have signed this (mortgage in joint names) As the first member of staff was really just bluffing her way through, they have passed me to their complaints department who are now dealing with it, they have said it can take 7-10 days for them to gather information and get back to me.

In the meantime, I have received a further letter from Mortimer Clarke Solicitors demanding I make an offer in 14 days or they will take further action.

Many Thanks

[Diana M]

Re: A second charge by CPC Finance has been added to my mortgage

I have received a further letter from Mortimer Clarke Solicitors demanding I make an offer in 14 days or they will take further action.

Does the Mortimer Clarke letter say how much is owed?

Could this have been a joint loan?

Is your house and Santander mortgage in joint names ?

Di

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Re: A second charge by CPC Finance has been added to my mortgage

Hi Diane
We have never had any joint loans, the letters from Mortimer Clarke Solicitors are in my name only.
The Santander Mortgage is in joint names.

The letters from Mortimer Clarke, do not indicate any amount, the letter reads
We are instructed that this debt relates to a Unsecured Loan agreement with Black Horse Ltd. The agreement was entered into on 11/09/2003, terminated on 06/07/2007 and bore the agreement number xxx. The debt was then assigned to our client, ME 111 Limited on 01/03/2016/
We have requested a copy of the Agreement and other documentation, but our client is not obliged to provide it. Our client is fully entitled to enforce the judgment at this time. It is open to you if you wish to dispute the Judgement. We suggest you seek independent legal advice.
You should be aware that if we do not hear from you within 14 days to the date of this letter, we are instructed to make an application to the County Court to substiture the Claimant's name in this matter. This means that the name of the claimant at court will be change to our client. Our client will then consider further appropriate enforcement action against you to recover the outstanding balance.

I have received a further letter from Mortimer Clarke Solicitors today, again no amount is stated - Special Settlement 20% Discount offer and to call them.
I have not called or contacted them, since I requested copy of agreement.

I am waiting for Santander Complaints team to contact me, they have said it could take 7-10 days.

What should I do about Mortimer Clarke demands please?
Many Thanks for your help.

[Diana M]

Re: A second charge by CPC Finance has been added to my mortgage

The letters from Mortimer Clarke, do not indicate any amount . . . .

You should be aware that if we do not hear from you within 14 days to the date of this letter, we are instructed to make an application to the County Court to substiture the Claimant's name in this matter. This means that the name of the claimant at court will be change to our client. Our client will then consider further appropriate enforcement action against you to recover the outstanding balance.

Without seeing the paperwork I can't really comment but if the Mortimer Clarke letter doesn't even state how much they believe their client is owed then they may be 'winging it'.

You also say they threaten to make an application to the court to substitute their client's name in the matter.

Okay, but until their client is substituted in the matter then I'm not sure they can do anything about enforcement.

Post on your thread if you get any updates.

Di