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Old charging order

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  • #1

    Old charging order

    I have an old charging order on my house, it is preventing a remortgage. It is from 2008 registered to Capquest. I never received a notice of assignment, they were collecting on behalf of the original egg credit card. There was a subsequent judgement and charging order. When Barclaycard bought egg in 2011 they notified me and in 2013 sent a letter of assignment re Marlin. I have cleared this debt with Marlin. I have a system access request from Barclaycard, it confirms the egg account was open until 15 months after the date of the judgement and open with Barclaycard until 2013.
    The charging order still outstanding was a shock (Nov 2021) Capquest have no info whatsoever except an empty computer entry. I need to clear this in the next six weeks or so, could anyone tell me how to proceed please?
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  • #2

    Paying off a charging order

    Ask the court for a certificate of satisfaction on your CCJ and include evidence of payment. Creditors will usually inform the Land Registry that the debt has been paid so that the charging order can be removed from your property.
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    • #3
      Thanks Mike, I guess my original question was a bit ambiguous.
      This is an Egg card debt from 2006, Capquest were the debt collectors, I never received a notice of assignment, I strongly suspect they never had title to the debt. They have a charging order 2007 that I knew nothing about. Barclaycard bought Egg in 2011 and gave the debt a Barclaycard number, I have a letter. Barclaycard assigned the debt to Marlin in 2013. The debt with Marlin is settled. In the process of remortgaging I discover that I have a charging order to Capquest that I knew nothing about. I have asked Capquest for clarification and evidence. They have absolutely nothing nor do their solicitors. The satisfaction re Marlin is of no use with the Capquest charging order. Either Capquest or Barclaycard have made a mistake, Barclaycard have sent the details of a system access request. The account was live with Egg 14 months after the charging order and with Barclaycard until 2013.

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      • #4
        Celestine
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        • #5
          Even though Capquest claim to have no record of this debt, the courts do and Capquest still have a charge on your house. This is improper processing of your data so they hold the responsibility to remove the charge. You may need to work ‘with’ them to achieve this but be very persistent.
          "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

          I am proud to have co-founded LegalBeagles in 2007

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          • #6
            Thank you Celestine, I have an update:
            Six months after the initial enquiry Capquest have found the copy paperwork. (In a System access request). It also shows that when Barclays bought the debt and assigned it to Marlin, Capquest had no further involvement, proving, I think, that they never had ownership of the debt. Marlin have confirmed that the debt, assigned to them by Barclacard is settled.
            Could Capquest legitimately sue for the debt if they didnt have title? There is no mention of Egg on the application for judgement or the charging order. Why do they still have a charging order on a debt that Egg sold to Barclays and has been settled years ago?

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            • #7
              No Capquest could not legitimately sue for the debt, especially now you can evidence the debt is settled. Have Capquest agreed to remove the charging order?
              "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

              I am proud to have co-founded LegalBeagles in 2007

              If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page
              If you wish to book an appointment with me to discuss your credit agreement, please email kate@legalbeaglesgroup. com
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              • #8
                Thanks for your reply, I missed it!! sorry. I asked the Ombudsman to help based on the fact that they never owned the debt and it had later been settled. He eventually decided (last week) it was outside his jurisdiction because the Judgement had timed out. I was surprised as I provided proof it had been settled and that Capquest never had title to the debt. He did ask Capquest on three occasions who they were holding the charging order on behalf of as they never had title to the debt but they declined to reply.
                I will approach them directly this week. On the basis of their replies so far I'm sure they will try and hide behind the six year rule. Is that relevant if their judgement and C/O were illegitimate in the first place?

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                • #9
                  The Financial Ombudsman is being a bit useless in this instance. I would consider contacting the ICO regarding improper data handling, but they are taking months to deal with complaints. It is hard to believe that a regulated entity can behave this way.
                  "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

                  I am proud to have co-founded LegalBeagles in 2007

                  If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page
                  If you wish to book an appointment with me to discuss your credit agreement, please email kate@legalbeaglesgroup. com
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                  • #10
                    I have a similar problem. Lloyds/Black horse got a ccj and charging order in 2009 and then in 2012 sold the debt to The insolvency exchange. I’m trying to sell my house and my solicitor wants the details of the charges to pay. Lloyds say it’s nothing to do with them .. the Insolvency exchange have also sold the debt and there’s no way I can find out to who.. the charge on land registry still says Lloyd.. can I get it removed as it’s proving impossible to pay any creditor ?
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                    • #11
                      Hi, Celestine, many thanks for your advice and direction. I have now been able to resolve the issue as a result.
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                      • #12
                        Originally posted by DaiYanto View Post
                        Hi, Celestine, many thanks for your advice and direction. I have now been able to resolve the issue as a result.
                        Delighted to hear this, well done!
                        "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

                        I am proud to have co-founded LegalBeagles in 2007

                        If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page
                        If you wish to book an appointment with me to discuss your credit agreement, please email kate@legalbeaglesgroup. com
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                        • #13
                          Hi Celestine, I have sent you a private message to your email address.

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                          • #14
                            That's good to know.
                            Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                            Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

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                            • #15
                              Hi all hope you are well! I’m back after a spot of depression I have 3 old charging orders, I know who owns 1, how do I find out who had them now? All paperwork was lost using a charity solicitor recommended by the Huntington Disease cpn. So all I have now is 2 charging orders & I rang Bradford county court today to tell them I wanted a copy of charging order & emailed a request as per instructions. My question is how do I find out who I owe the charging orders too? I want to know the balances & any interest being charged looking to save & pay them th off. Where do I turn? the charging orders I need information on are with Nationwide & egg. If anyone can point me in the right direction it would be a great help thankyou
                              :beagle:My threads :- UCA (Amex) : Moorcroft (Goldfish) : Cabot : Marlins : Shas v A&L & the world : Capital One : Direct Legal Collections...Egg, CO : Nationwide : Co-Op

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