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

[Flopf]

Please help.
I have not had any court notification prior to letter received this morning from Santander, letter reads

"A second charge in favour of CPC Finance has just been registered and we have therefore had to withdraw the Available Funds Facility from your mortgage"

I have not received any court papers etc, I did have an outstanding debt from over 8 years ago, which I assumed was now statute barred.
Can anyone please help and advise what I should do.

Many Thanks

[Amethyst]

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

CPC Finance - Commercial / BTL mortgages ? What kind of loan was it?

First I'd give them a call and ask them to send you the details on what this is for, tell them this is the first you have heard of it. Don't get into discussions about it just ask for the information.

Presumably Santander have the mortgage on your property as a first charge, hence they would be notified of the further charge - which presumably goes against the terms of the available funds facility.

Have you received nothing from the Land Registry at all ?
Is the charge over your home or another property? Do you check mail at that property?
You can check charges on your property with the Land Registry website too - although I don't think it will give you much information, just the name of the charge holder.
Also Have you checked the registry trust to see if there is a CCJ against you?

First step is to gather up the info, on the debt and how it turned into a second charge, then look at what you can do about it.

Having a quick scout through some previous threads - could this be related to that Black Horse/MEIII CCJ ?- however as they'd done nothing over 8 years they would have had to apply to court to enforce or get a charging order - CCJs don't go statute barred but they have to show good reason for not having enforced within the first 6 years.

[Flopf]

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

Hi Amethyst, thank you for your reply.
It is an ongoing mortgage with Santander for the property I live in.
I have received nothing from land registry, this is the only property I have which is my permanant address.
Yes it will be related to the previous threads I posted some time ago, i followed all of the information given to me at that time, I have heard nothing else, other than this letter received today from Santander.
I will contact Santander to ask for the information, what should I do after this please?
Many Thanks

[Diana M]

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

CPC Finance is a broker (and packager) not a lender.

Since they don't lend money (they pass your business to a panel of lenders) I'm not sure why they would be entitled to a charge on your property. The lender/creditor may be entitled to secure a loan/debt but not them. They're simply intermediaries.

Unless you have done business with them in the past and they have been pursuing you for unpaid broker fees?

I see no harm in you calling them (CPC Finance) to ask what this is all about. However there may be some difficulty in clearing security so perhaps you should write to them instead.

Di

[Flopf]

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

Thank you, I have contacted Santander, who have advised it is from Hillesden Securities Limited, DLC, Buckingham Road, Brackley, Northants, NN13 7DN, the amount is not listed.
If you could give me any advise what to do from here please.
Many Thanks

[Amethyst]

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

I think next step is to give Hillesden a call and see if they can tell you where it has come from and send you the relevant information so you can start sorting it out.

Hillesden do deal with Lloyds debts so it could be that. Wonder where CPC come into it.

[Diana M]

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

Santander, who have advised it is from Hillesden Securities Limited, DLC.

So Santander got the name wrong.

dlc are the collections arm of Hillesden.

Go to Trust Online website and search your address for a CCJ. You can do that here > https://www.trustonline.org.uk/search-yourself

Once you know the claim number you can ring NCCBC to get the Case Details and a copy of the Default Judgment.

You may be looking at a set aside for a claim which you didn't receive which was then progressed to a Charging Order.

If you're successful in getting the CCJ set aside you can then apply to set aside the CO.

One step at a time.

Di

[Diana M]

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

mortgage with Santander for the property I live in.
I have received nothing from land registry, this is the only property I have which is my permanant address.

Do you mean you have had other temporary addresses where legal proceedings may have been served but the creditor has placed the charge to secure a debt on the only property which you own?

Di

[Flopf]

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

Hi Diana, I have paid the search fee of £10 to trustonline.org.uk, they have sent me a PDF by email showing nothing registered...I have no other address or previous address's in the last 20 years.

ngland and Wales Orders & Judgments

NOTHING REGISTERED

England and Wales High Court Judgments

NOTHING REGISTERED

England and Wales Fine Defaults

NOTHING REGISTERED

England and Wales Tribunal Awards

NOTHING REGISTERED

Scotland Ordinary Causes Summary and Small Claim Decrees

NOTHING REGISTERED

Republic of Ireland Registered Court Judgments

NOTHING REGISTERED

Northern Ireland Judgments

NOTHING REGISTERED

Northern Ireland High Court Judgments

NOTHING REGISTERED

Jersey Judgments

NOTHING REGISTERED

Isle of Man Judgments

NOTHING REGISTERED

[Amethyst]

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

If it is that Lloyds/MeIII one it won't be on the register anymore ( over 8 years old ?). I really think you'll need to speak to, or write to Hillesden to find out (confirm) what it is. There really should have been something from Land Reg or Court if they were applying to enforce via a second charge.

[Flopf]

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

Thank you, should I contact them via email or post please?
Many Thanks

[Diana M]

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

Is it an Interim Charge or a Full Charging Order?

The creditor/Claimant doesn't need permission from the court to register an Interim Charge at Land Registry for a debt over £1k (since 1st October 2012) but a Final Charging Order is decided at a hearing where you have the opportunity to contest the Application (i.e. you'll be served with an Application before it happens).

But if you've not got a CCJ showing on Trust Online then this must be for something which happened more than six years ago which could be grounds to challenge a CO application years later if they can't demonstrate any good reason for the delay in pursuing you.

Where does the thread title (CPC Finance) come from?

Di

[Flopf]

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

I do not wish to use any available funds.

I have no CCJ's in the past 8 years, this has got to be a very old debt.

Many Thanks for any advice you can give.

[Diana M]

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

Here is the wording on the letter...
A Second Charge in fabour of CPC Finance has just been registered . . . .

. . . . I have called Santander for information, they have advised me it is Hillesden Securitues Limited, DLC.

I've checked CPC Finance's website for Intermediaries and Hillesden Securities is not on their Panel of Lenders http://www.cpcfinance.co.uk/brokers/lenders/

Do you recall any debt from 8 years or more ago which may have been sold to Hillesden subsequently (i.e. post judgment)?

Di

[Flopf]

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

I do not remember ever receiving anything from Hillesden Securities, although I did have several CCJ's due to severe financial difficulties. Thankfully they are all over 8 years ago, I am in a much better place now, but not well off.
Thank you Di