Charging order with Cabot

[peterwakey]

Good Morning
In 2006 Cabot had a charging order placed on my property for old CC debts. The order was placed and I have being paying off every month since without fail. I recently had letter from Cabot asking me to call as my account was due for review. I rang and discussed the accouns with a guy in their Litigation office.
I wanted to know where I was in regards to the payments, the original order was £10,000 and with costs then came to £14,000. There was originally 3 Credit Cards under the charging order. I payed one off in full so 2 remain and they are now approximately £5,000 and I have paid almost £7,000 since the charging order was put in place. The guy I spoke to then sai although there were only the 3 original cards on the order there is now 2 other cards ( Associates and a People's Bank card) which they have obtained and these are £7000 although the actual debt was for £4,00 they added £3000 interest as I defaulted on payments on these cards. Can they add these 2 debts to the original charging order and are they justified insuch huge interest charges as after paying £7,000 and thinking I was making headway with my debts I now owe more than the original £14,000. Any help would be appreciated

[FlamingParrot]

Re: Charging order with Cabot

Before a charging order can be obtained, the creditor would have to obtain judgment in their favour (a CCJ against you). Have you received court papers after 2006? :noidea: They can't just add to a CO obtained years ago, they would have to follow the process and issue a claim for the other two cards, then obtain judgment against you. If you have moved, it's possible they may have sent court papers to an old address and obtained default judgment. If they did so unlawfully, you could have the judgment set aside, however, you need to find out whether there is a judgment in the first place.

You can search for CCJs here: http://www.trustonline.org.uk/search-yourself

They stay on record for 6 years - the one from 2006 will have dropped off but any newer ones should show up there.

[peterwakey]

Re: Charging order with Cabot

Hi Flaming Parrott
The CCJ was issued in 2006 and a charging order was placed on my property. As I mentioned I have being paying towards the debt ever since and not missed any payments. I have not moved address since the CCJ was issued. I was surprised when I rang Cabot and they have said there are another 2 cards with the astronomical interest charges that are now part of the charging order. If I sell my property would I have to pay these as well as the ones that were subject to the CCJ?

[wales01man]

Re: Charging order with Cabot

Think so that's why they have it against your property so if you sell and there is money there they get it.

[FlamingParrot]

Re: Charging order with Cabot

Hi Flaming Parrott
The CCJ was issued in 2006 and a charging order was placed on my property. As I mentioned I have being paying towards the debt ever since and not missed any payments. I have not moved address since the CCJ was issued. I was surprised when I rang Cabot and they have said there are another 2 cards with the astronomical interest charges that are now part of the charging order. If I sell my property would I have to pay these as well as the ones that were subject to the CCJ?

Have you checked as suggested yesterday, that there's actually a CCJ for the other 2 cards? Without one, they can't just place a charge on your property, not without going to court! :nono:

And it would be a good idea not to ring them at all, keep it all in writing, so you have a record of everything. :typing:

Think so that's why they have it against your property so if you sell and there is money there they get it.

Yes, but that would only apply to the debts they got a CCJ for. They can't just add a further 2 on top without going to court.