advice on a charging order

[twd-rick1]

Hi everyone and I hope you can help me.

This is going to be a long one so bear with me!

I ignored letters including a letter of claim before making a court claim from a dca. I contacted the national debtline for advice on how to deal with the court claim as the debt wasn't in my name (there was a misspelling and I've never gone under that name). I was told to accept the debt as the dca had proof that I had made payments under the misspelt name (I had stopped paying them 5 years and 6 months prior to the court claim so it wasn't statue barred).

I accepted the debt and they helped me create a budget plan in which I offered a payment of £5pcm. I later found out that I could ask for a cca and sent this to the dca who ignored my request. I foolishly called them up to see if they could send me a copy and I was told no as I had accepted the debt. They also told me that my payment of £5 pcm wasn't enough and that they would pursue a interim charging order against me.

I reached out to several debt advice organisations but no one was able to help me. I sent in an objection to the charging order but lost and then the dca went for a final charging order earlier this year.

I increased my payment to £20pcm after getting the charging order and I'm in the midst of raising finace to pay the order. I've just checked the paperwork and realised they've added interest to the debt which they can't do as it's an old credit card debt.

My question is 1) can I make a complaint against this dca with regards to charging interest on a consumer debt to the fca, and 2) can also make a complaint about them pursuing a charging order against me when I wasn't in arrears and was making payments on time.

I hope you can help me.

[echat11]

Hi TWD-RICK1

Welcome to LB

1) can I make a complaint against this dca with regards to charging interest on a consumer debt to the fca.

The FCA will log your complaint, if there are enough complaints about the firm, then they may take some sort of action. If you wish to complain, complain to the Creditor (follow the complaints procedure on their website, when you receive a final response, if you're still unhappy, make a complaint to the FOS), I'm not sure what was agreed, when payments were agreed. If you feel in hindsight, that interest / charges are 'excessive' and should have been 'frozen' then complain.

The debt has to be acknowledged in writing, for the debt not to be 'statute barred'.
Also yes, they may provide a copy of a CCA, but it has to be compliant.

2) can also make a complaint about them pursuing a charging order against me when I wasn't in arrears and was making payments on time.

As answered in (1).

[atticus]

Q2. The charging order gives your judgement creditor security. What if you default? If you pay the judgement debt in full, make sure that the creditor removes the charge.

You may always complain. In the case of the charging order I doubt your complaint will be upheld.

[cherycold12k]

Hi TWD-RICK1

Welcome to LB

1) can I make a complaint against this dca with regards to charging interest on a consumer debt to the fca.

The FCA will log your complaint, if there are enough complaints about the firm, then they may take some sort of action. If you wish to complain, complain to the Creditor (follow the complaints procedure on their website, when you receive a final response, if you're still unhappy, make a complaint to the FOS), I'm not sure what was agreed, when payments were agreed. If you feel in hindsight, that interest / charges are 'excessive' and should have been 'frozen' then complain.

The debt has to be acknowledged in writing, for the debt not to be 'statute barred'.
Also yes, they may provide a copy of a CCA, but it has to be compliant.

2) can also make a complaint about them pursuing a charging order against me when I wasn't in arrears and was making payments on time.

As answered in (1).

Thank you for your response. I think by accepting the CCJ I reset the debt so it's no longer statue barred. My issue is that the debt was 20+ years old and I had been paying the dca. It was sold on twice and I was paying the new dca and then stopped paying them. So, they had a record of my payments but can't charge me interest under the law.

I will take your advice and make a complaint against them. I just want to check that as the debt is 20+ years old and isn't statue barred as I'm paying towards it via a CCJ/charging order. I can still ask them for a copy of the CCA and so prove that they shouldn't have charged me interest. It's likely that they won't be provide me with a compliant CCA but I've accepted the debt and just want a refund of the interest they've charged me.

[cherycold12k]

Q2. The charging order gives your judgement creditor security. What if you default? If you pay the judgement debt in full, make sure that the creditor removes the charge.

You may always complain. In the case of the charging order I doubt your complaint will be upheld.

Thanks for your response. I know it's a longshot on the charging order but was thinking of coupling with the interest charge to demonstrate unfair treatment.

Thank you both for responding. I found your site by googling debt advice and believe you could have help me dealt with the issue better. But that's water under the bridge. So, thanks again and keep up the good work! I plan to make a donation in the new year. :-)

[cherycold12k]

Hi TWD-RICK1

Welcome to LB

1) can I make a complaint against this dca with regards to charging interest on a consumer debt to the fca.

The FCA will log your complaint, if there are enough complaints about the firm, then they may take some sort of action. If you wish to complain, complain to the Creditor (follow the complaints procedure on their website, when you receive a final response, if you're still unhappy, make a complaint to the FOS), I'm not sure what was agreed, when payments were agreed. If you feel in hindsight, that interest / charges are 'excessive' and should have been 'frozen' then complain.

The debt has to be acknowledged in writing, for the debt not to be 'statute barred'.
Also yes, they may provide a copy of a CCA, but it has to be compliant.

2) can also make a complaint about them pursuing a charging order against me when I wasn't in arrears and was making payments on time.

As answered in (1).

Thank you for your response. I think by accepting the CCJ I reset the debt so it's no longer statue barred. My issue is that the debt was 20+ years old and I had been paying the dca. It was sold on twice and I was paying the new dca and then stopped paying them. So, they had a record of my payments but can't charge me interest under the law. They slipped in the interest charges when going for the interim charging order so that the debt would be just in excess of £10K. The costs listed on the CCJ and those on the interim charging account don't add up even when I include the costs for pursing an interim order.

They've been pretty unpleasant and was told (well threaten) on the phone that they could force me to sell my house if they got a charging order.

I will take your advice and make a complaint against them. I just want to check that as the debt is 20+ years old and isn't statue barred as I'm paying towards it via a CCJ/charging order. I can still ask them for a copy of the CCA and so prove that they shouldn't have charged me interest. It's likely that they won't be provide me with a compliant CCA but I've accepted the debt and just want a refund of the interest they've charged me.

[atticus]

If a county court judgement has been entered against you in respect of a debt, the question of that debt being statute barred simply does not arise. The claim was made, presumably in time, and has been decided.

What is your relation, cherycold12k, to twd-rick1 ?