Cabot are applying for sale of house

**Ruby** · 7th February 2013, 21:42:PM

Re: Cabot are applying for sale of house

I would strongly urge you to find out the breakdown of charges they have applied to your account. Have you done a subject access request? This is not right and smells down right fishy! I cannot imagine a judge in the land forcing you to sell your home on the back of what you have said above.

**Kafka** · 7th February 2013, 21:57:PM

Re: Cabot are applying for sale of house

Please explain what you mean by "forcing the sale of the house". What exactly has happened?

What were the terms of the Charging Order? Was there a repayment agreement set by the Court, and if so what has happened?

do you have details of all the charges added on to the account? These should be reclaimed.

**goldfrapp** · 9th February 2013, 09:16:AM

Re: Cabot are applying for sale of house

Hi thanks for your comments
they have a charging order over he house nothing was agreed to payment they have just demanded the whole amount from the start when Cabot bought the debt the actually repossessed the car around 4 years ago and they have been adding money from then on I asked for a breakdown of charges when they were taking the car it it was only £2800 4 years ago and we owed £900 on the car the rest were charges so since 4 years ago they have added the rest. We were not there for the court case it was in England somewhere I am so shocked I have emailed the solicitors but the are still yet to get back to me? I know we should of done something but I have been reading that sometimes the judge will make you sell for such a small amount I am petrified

**Kafka** · 9th February 2013, 10:33:AM

Re: Cabot are applying for sale of house

Try not to worry as I think this is straightforward, although there are several things you need to do.

1) Send a Subject Access Request with the £10 fee to the original creditor, so we have all of the details of the account before it went to Cabot.

2) Write to Cabot and tell them that you require a full statement of the account from when they purchased it. That will reveal all the charges they have added on and we can challenge many of these.

3) Is the mortgage in joint names?

4) Is the Charging Order in one name or joint names?

5) What has happened about "selling the house"? Is this just a threat to get money, or have they started legal action?

Its hard to advise further until you get the data in 1) and 2) and answer the other questions. However, its unlikely that a court would force the sale of a house for a second charge. It also sounds as if you don't really owe anything as there seem to be so many charges that can be reclaimed against the amount.

You probably need to write to the solicitors and tell them that you are awaiting statutory data, but we can advise better on that once you answer the questions.

This is all typical of the way that Cabot behave, so please try not to worry and do everything I have listed above. We will advise and help with anything you need to send. :typing:

**CleverClogs** · 9th February 2013, 17:37:PM

Re: Cabot are applying for sale of house

Originally posted by goldfrapp View Post

they actually repossessed the car around 4 years ago and they have been adding money from then on I asked for a breakdown of charges when they were taking the car it it was only £2800 4 years ago and we owed £900 on the car the rest were charges

Exactly how did those spivs repossess the motor car? Did they use the courts or did they just demand it?

What was the initial sum loaned on the car or the initial price you paid for it?

**FlamingParrot** · 9th February 2013, 20:55:PM

Re: Cabot are applying for sale of house

Originally posted by goldfrapp View Post

Hi all

we have a charging order on our home from Cabot originally online finance for a car we had around 6 years ago basically we have been ignoring them and now the they are suing they are forcing the sale of the house can they really do this the debt is nearly £5000 we only owed around £900 on the car finance the rest are charges over he years. I know we should of done something but we have had terrible debts including mortgage arrears which we have been paying for 2 years. Our home is only worth £80.000 and we owe £79,000 in mortgage and arrears surely they won't win also the debt is in my husbands name and the house is in joint names I have emailed the solicitors offering £45 per month to start to pay something can anyone help

Have they actually applied for an Order for Sale? or are they just THREATENING to do that?

Orders for Sale are hardly ever granted by the courts for debts under £25k, in fact, over the past ten years there's probably been no more than 2 OfS granted, for much larger amounts than that. If you haven't been making payments into your CCJ, threatening to apply for an OfS is their way to bring this fact to your attention. Normally when you get a CCJ you are ordered to pay a certain amount every month, unless it was a fortwith order, in which case you could have applied for a redetermination to pay in monthly installments. Even a judge can't make you pay more than you can afford, so back up your offer with a suitable I&E form. There are people out there who pay just £1/month on their CCJs despite being secured with a charge.

**Olmert** · 15th March 2013, 09:04:AM

Re: Cabot are applying for sale of house

I do not believe that is true.. Many people who go through a short sale do not complete the sale until the foreclosure process has begun.. They also reported your account paid for less than full balance which is definitely not the same as a foreclosure..

**Celestine** · 15th March 2013, 09:18:AM

Re: Cabot are applying for sale of house

Originally posted by Olmert View Post

I do not believe that is true.. Many people who go through a short sale do not complete the sale until the foreclosure process has begun.. They also reported your account paid for less than full balance which is definitely not the same as a foreclosure..

Olmert - you are talking US laws....we are a UK site. Please also remove the advertising telephone number from your avatar, it won't yield you any business anyway.

**CleverClogs** · 15th March 2013, 09:20:AM

Re: Cabot are applying for sale of house

Originally posted by Celestine View Post

Olmert - you are talking US bull$hite

IFYPFY.

**maximus** · 15th July 2013, 12:45:PM

Re: Cabot are applying for sale of house

Hi
Hoping for some guidance pleasebefore I have a heart attack!

I have received a letter from cabot financial (UK) Limited out of the blue saying the want to apply to the court for an Order to sell our house. We re-mortgaged our house about 4 years ago and anything that was outstanding was paid off so we are not aware of this debt??

The mortgage is in joint names, the debt is in my name only.

The letter reads:-

As you are Aware, a Judgement was obtained against you and was secured against (the "Property") by was of a Final Charging Order.

We hereby give you notice that we are proceeding to apply to the Court for an Order for Sale of the property.

this means that an application will be made to the court for an order that the property be sold to repay the indebtedness outstanding. Assuming that such an Order is granted and any further time granted by the Court for Payment has elapsed, we could then apply to the Court for a Warrant seeking vacant possession of the property. If a sale of the Property is subsequently concluded, any mortgages or other interests will be applied towards the redemption of those outstanding charges redeemed together witht ehbalance due to our client, in strict order of priority. Should there be any surplus proceeds of sale, after all costs assiciated with this application the sale have been deducted, these will then be passed to you and any joint proprietors, as appropriate.

We will delay this application, to allow you time to make payment to this office to avoid this action being taken. However, please be aware that if payment of the full outstanding balance of £10,000 fails to reach this office in cleared funds within 14 days of the date of this letter any application may be issued without further notice.

You may pay the debt by cheque sent to the above address. you may contact us on the number set out at the bottom of this letter to discuss possible repayment options or if you wish to pay over the telephone, by dd or standing order.

Not sure what to do next, I'd be very grateful for any advice please.

**CleverClogs** · 15th July 2013, 17:57:PM

Re: Cabot are applying for sale of house

Originally posted by maximus View Post

I have received a letter from cabot financial (UK) Limited out of the blue saying the want to apply to the court for an Order to sell our house. We re-mortgaged our house about 4 years ago and anything that was outstanding was paid off so we are not aware of this debt??

The mortgage is in joint names, the debt is in my name only.

The letter reads:-

As you are Aware, a Judgement was obtained against you and was secured against (the "Property") by was of a Final Charging Order.

We hereby give you notice that we are proceeding to apply to the Court for an Order for Sale of the property.

The cheeky buggers!

Is the house owned by you and your partner/spouse as joint tenants or as tenants in common?

**maximus** · 17th July 2013, 09:18:AM

Re: Cabot are applying for sale of house

Thank you for the reply, the house is owned by us both husband and wife.

**CleverClogs** · 17th July 2013, 13:22:PM

Re: Cabot are applying for sale of house

Yes, but is it owned by you both as joint tenants or as tenants in common?

http://www.stephens-scown.co.uk/blog...nts-in-common/

http://www.landregistry.gov.uk/publi...ublic-guide-18

Cabot are applying for sale of house