Fraudulent misrepresentation and Prenuptial agreement

[James Last]

When a house is subject to a interim charging order for a unsecured credit card. Would the sale of such a contract come under Fraudulent misrepresentation. When banks sell the loan are they in breach of the data protection act by not ensuring that the data sold isn't used to excess. as the banks sell these loans and still sell them. Is it not Fraudulent misrepresentation to have not informed the person taking out the loans That a house can be attached to the debt. If a debt company applies for such an order on a very old debt that might also be status barred are they also guilty of fraudulent misrepresentation especially if no paperwork has been produced. When You make a Prenuptial agreement. on buying a house. the agreement being the lady would never ever be left without a home. On The break down of the relationship one leaves the house as agreed many years before. the mortgage is then paid off in full using cash from early retirement. to ensure the lady and offspring as safe. the house was left before any credit was taken. Agreed verbally thirty years ago and left house 10 years ago. Are any of these points acceptable for mounting a defence. can a successful objection be raised if reproduced documents are offered against producing the original agreement. No paperwork has been offered at the moment as this firm (Cabot) are trying to press this through. a request for true copies has been sent also asking for them to comply to CPR 31 duties. any updates, etc. plus originals at the court.
If anyone can help with this it is only just started I can post all documents as they arrive and do this from start to final conclusion If people are able to help.

[Debt Camel]

Re: Fraudulent misrepresentation and Prenuptial agreement

When a house is subject to a interim charging order for a unsecured credit card. Would the sale of such a contract come under Fraudulent misrepresentation.

sale of what contract, the house? the credit card debt?

When banks sell the loan are they in breach of the data protection act by not ensuring that the data sold isn't used to excess. as the banks sell these loans and still sell them.

No. Your original credit agreement will have contained a clause allowing the lender to sell the contract.

Is it not Fraudulent misrepresentation to have not informed the person taking out the loans That a house can be attached to the debt.

No. you may feel this is unfair but you will not get anywhere with this argument in court.

If a debt company applies for such an order on a very old debt that might also be status barred are they also guilty of fraudulent misrepresentation especially if no paperwork has been produced.

er can i suggest you forget the term "fraudulent misrepresentation" rather than to try to apply it to anything which you think is unfair? A creditor can't get a charging order unless they already have a CCJ. If they already have a CCJ then the debt will NEVER become statute barred.

When You make a Prenuptial agreement. on buying a house. the agreement being the lady would never ever be left without a home. On The break down of the relationship one leaves the house as agreed many years before. the mortgage is then paid off in full using cash from early retirement. to ensure the lady and offspring as safe. the house was left before any credit was taken. Agreed verbally thirty years ago and left house 10 years ago. Are any of these points acceptable for mounting a defence

A defence to what - a CCJ? or a charging order?

In either case I can't see that an oral agreement from 30 years ago is of any relevance. If the agreement was to leave the lady with the house following the breakdown of the marriage, then the house should have been transferred into her name.

can a successful objection be raised if reproduced documents are offered against producing the original agreement.

ah now that is a more plausible line of defence to a CCJ. Can you confirm is there already is a CCJ or not? And what the date of the original credit agreement was?

[James Last]

Re: Fraudulent misrepresentation and Prenuptial agreement

Thank you for your replies and help. at the moment I cant really confirm anything as there isn't a word anywhere referring to anything, only a large sum of money.. I have sent two letters and a one pound order for the first letter is a general denial and request for a true copy of the original. Both letters are from here the second is as follows below.

~Dear Sir,
Re: Cabot Financial (UK) Limited v ………….. Case No:
CPR 31.14 Request
On (date) I received the Claim Form in this case issued by you out of the (Name) County Court.
I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.
Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:
1 The agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached. .
You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.
Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.
In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.
If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.
If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.
Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.
I do hope this will not be necessary and look forward to hearing from you.
Yours faithfully

[Debt Camel]

Re: Fraudulent misrepresentation and Prenuptial agreement

i would be more interested in what they have sent you than what you have sent them... you must be replying to SOMETHING.

What do your credit records show?

[James Last]

Re: Fraudulent misrepresentation and Prenuptial agreement

The loan was an unsecured credit card. as they knowingly sold this card as such and do not at anytime say that any failure to pay and charge a higher rate of interest that is given to a secured loan. is this legal? The interm order is against the house to pay for this.

[James Last]

Re: Fraudulent misrepresentation and Prenuptial agreement

this only happened a couple of days ago. they have sent an interim charging order against the property for the sum of the claim. this is scheduled for court to see if it is finalised

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My credit records I haven't checked yet, I will get them online in the next day. but I don't think I can actually get hold of them until after christmas

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All payments stopped around 2009 I transferred my pension to another bank

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the original credit agreement would have been around 2006 maybe 2005

[Debt Camel]

Re: Fraudulent misrepresentation and Prenuptial agreement

Then you must already have a CCJ. Check Trust Online to see if you have a CCJ: http://www.trustonline.org.uk/search-yourself.

[James Last]

Re: Fraudulent misrepresentation and Prenuptial agreement

The land registry also contacted us as they received a application to register a restriction against the land-B136(CO) this I also have to object to.
Thank you for your help up to now and I will post more information as I get it.

[Amethyst]

Re: Fraudulent misrepresentation and Prenuptial agreement

If they have asked for an interim order there will be a final charging order hearing where you should have opportunity to argue against the charge becoming final. There should be a hearing date and you should be able to submit your arguments by way of a witness statement before the hearing.

You need to find out if there is a CCJ and if so, what it is. Your letter is addressed to Cabot Financial - is it they that have applied for a final charge?

[James Last]

Re: Fraudulent misrepresentation and Prenuptial agreement

Sorry I have taken so long but I haven't yet sorted out the scans of the documents. I hope to complete it so its private parts are removed soon. I have Taken your advice and got my credit from the site you gave and pasted it here, I cant seem to add it as a text file. It doesn't show any judgments only the court . Is this because there is a judgement that is now out of date?








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ut I haven't yet been able to doctor my documents to hide my details. A long time since I used Photoshop. Anyway until I do I just did the search online of my credit as you suggest

[James Last]

Re: Fraudulent misrepresentation and Prenuptial agreement

I contacted the bank on many occasions trying to sort this out. I requested documents and copies of the agreement at the time and also declared this account to be in dispute. everything was ignored. The last meeting I had after the letter I am posting Was with the manager. On trying to sort out my priority payments I was told it was all done from head office and he couldn't do anything anymore. I was then connected to a Bombay call centre and the English was very poor and I suspect all they had was a guide sheet of question and actions to work to. no agreements could be reach because they didn't seem to have any idea what were my priority payments. Don't think I am trying to find a cheap way out of this when I asked for help but for my family to loose everything for something that happened long after I left is wrong. Anyway the letter is not dated but created in Feb. 2009.

~ ………………………….
………………………..
……………..
…………………………
……………………
Lloyds Bank
……………….
………………………..

Dear Sir/Madam
It's with a great sadness that I find myself writing this letter but with the despicable actions and business practices of this bank you leave me with no other alternative. You have ruthlessly stolen every penny of my income for longer than I can now remember. You have use practices that even the most ruthless of loans sharks wouldn’t resort to. At one point you sent me a letter to tell me I was 40pence in the red. In three days you managed to turn that into a debt of £156. Tell me what the APR would be on a loan like that. Tell me where anyone can get that type of return and have the effrontery to call it business. I have been in this bank for over forty years and in all that time I have never been treated with such callousness and distain as this. That's a penny a year on forty pence.
You have stopped the use of my cards even though the pitiful about I have actually taken in the last twelve months wouldn’t pay the tax on your bonuses. You have manipulated my account in such a way that it always going into the red. By using dates for your robberies you have actively sent my account into a downward spiral pushing my fear and despair to the brink of suicide. I have lived now for months and months on the kindness of others. My only source of income the pension you have relentlessly stolen every month. Then the letters. You send letter after letter to explain and increase your blatant misuse of banking practice.
I will point out to you that I have instructed you on more than one occasion that I do not want or need your letters, that if the money wasn’t there not to pay a standing order. Yet without rhyme or reason you carry on your relentless quest to take every action possible to increase your profits without any thought of the consequences to your customers.
The consequences to this customer are that I now face eviction for not being able to pay my rent. With a debt of £2105 I will be homeless within a few short weeks. This is a direct result of your banking methods. My counsel might save me and give me somewhere to live. Because I cannot pay my counsel tax either the chances are I could go to prison. All these problems I now face I lay directly at your door and I want to know what you are going to do about it.
All my troubles have stemmed from a bank card I never asked for; you gave me a platinum card when I didn’t even have a job and a pension of around £140 a week. I never wanted or asked for this card. I didn’t even fill in the form everything was done for me and push for me to sign. I want a full copy of that agreement from you so that it can be checked. I will no longer for the time being pay anymore off it until such times as it can be proved to be a binding agreement. I now have priority debts which I have to address and your card is not one of those and is now in dispute. I want all my standing orders stopped for the time being. I will not pay any more charges until these matters are settled and my rent and counsel tax is cleared. I will expect a full refund on my bank charges that you have taken without any due cause.
Be under no illusion of my intent, I will no longer stand by while you robbed me blind or will I allow the near suicidal point I reached to enter my head again. What you have done to me is beyond despicable. It's beyond inhuman and it's beyond the bounds of modern day banking. It is without doubt disgraceful.

………………………………..

[Openlaw15]

Re: Fraudulent misrepresentation and Prenuptial agreement

When a house is subject to a interim charging order for a unsecured credit card. Would the sale of such a contract come under Fraudulent misrepresentation. When banks sell the loan are they in breach of the data protection act by not ensuring that the data sold isn't used to excess. as the banks sell these loans and still sell them. Is it not Fraudulent misrepresentation to have not informed the person taking out the loans That a house can be attached to the debt. If a debt company applies for such an order on a very old debt that might also be status barred are they also guilty of fraudulent misrepresentation especially if no paperwork has been produced. When You make a Prenuptial agreement. on buying a house. the agreement being the lady would never ever be left without a home. On The break down of the relationship one leaves the house as agreed many years before. the mortgage is then paid off in full using cash from early retirement. to ensure the lady and offspring as safe. the house was left before any credit was taken. Agreed verbally thirty years ago and left house 10 years ago. Are any of these points acceptable for mounting a defence. can a successful objection be raised if reproduced documents are offered against producing the original agreement. No paperwork has been offered at the moment as this firm (Cabot) are trying to press this through. a request for true copies has been sent also asking for them to comply to CPR 31 duties. any updates, etc. plus originals at the court.
If anyone can help with this it is only just started I can post all documents as they arrive and do this from start to final conclusion If people are able to help.

Is it a single or joint owned property. Forget the fraud arguments, dates prenuptial verbal agreements. If the property was a joint tenancy agreement the reason for the joint tenancy would be important for s.14, as below.
What is important is the land charge and its value. Is it registered on your property? The first charge on land (home) on your property is legal charge (ie mortgage), the mortgagee (bank) requires a court order for possession unless it has legal mortgage (by deed and registered on the property). Any subsequent charges are equitable and must be registered, require a court order for sale. Whose name is the property in and does anyone else live there (ie occupiers), or does any person have a property interest (ie proprietary interest) owing to making payments to the house, if so they have rights to stop any sale under s.14, Trust of Land and Appointment of Trustees' Act 1996. An equitable charge can be set aside at any time (as they do not have the protection as bank's mortgage etc).

Please provide more details. 1a) How much is the property worth, and b) how much equity is there? 2) Is the mortgage paid off, if not what's the balance? In law, you have the equitable right to redemption: ie right to pay mortgage off. 3) How much is the debt? 4) How much is the land charge worth against the property? 5) How much equity is in the property (ie when mortgage is paid and potential market value of the property)?

[Debt Camel]

Re: Fraudulent misrepresentation and Prenuptial agreement

The original post said that the house is mortgage free

[Openlaw15]

Re: Fraudulent misrepresentation and Prenuptial agreement

The original post said that the house is mortgage free

If the mortgage is paid off, it means the OP has more equity and less value for the chargee. Good spot if the mortgage has been paid off, it was difficult to understand the OP's facts.

[James Last]

Re: Fraudulent misrepresentation and Prenuptial agreement

Hi to everyone. Time is very short now and I could really do with some guide lines on what to do. I have had an application for a charging order the only thing on it is credit card. I sent my request to Cabot for copies of the documents and that was registered and arrived on 23rd December. Not documents of any sort have been sent to me. do I write to the courts and ask to extend me time. the case is due later this month. not really sure what to do. I will have to paste the docs I cant seem to be able to make them attach as pdf files.RESTON⁵
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Wednesday December 1 6, 201 5







Dear Sir
Re: Cabot Financial (UK) Limited v. Yourself Cabot Credit Card
We enclose by way of service an Interim Charging Order dated 08 December 201 5 which is returnable for 25 January 201 6 at 2:00pm in the County Court at Kings Lynn.
We also enclose copy N379 Form dated ……………….filed with the court in support of the Claimant's application.
If you are aware of any creditors which are not mentioned in the attached documents please provide us with details by return. Please provide name, address, account number and debt value.
Kindly acknowledge receipt.

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In the County Court at King’s Lynn
Claim Number
Date	December 2015

Interim charging order

fyt

CABOT FINANCIAL (UK) LIMITED	l^CIahnanit Ref
..	1st Defendant Ref

On December 2015, District Judge Rogers considered the application of the claimant (’the judgment creditor’), from which it appears:

1. a judgment or order given on October 2015 by the County Court Business Centre in claim no. …….., ordered the defendant ('the judgment debtor’) to pay money to the judgment creditor;
2. the amount now owing under the judgment or order is £8,041.79 (including any interest and costs); and
3. the judgment debtor is the owner of, or has a beneficial interest in the asset described in the schedule below; and the court orders that

1. The interest of the judgment debtor ……………… in the asset described in the schedule below stand charged with payment of £8041.79 together with any further interest becoming due and the costs of the application.
2. The application will be heard at ……………….2016 at the County Court at King’s Lynn, Chequer House, 12 King Street, Kings Lynn, Norfolk, PE30 1ES when a judge will decide whether the charge created by this order should continue (with or without modification) or should be discharged.

The Schedule
The address of the land or property charged is ………………………………….the title to which is registered at H.M. Land Registry under Title No. ……………………………
The court office at the County Court at King’s Lynn, Chequer House, 12 King Street, Kings Lynn, Norfolk, PE30 1ES. When corresponding with the court please address forms or letters to the Court Manager and quote the claim number. Tel: 0344 892 4000 Fax: 01264 347896. Check if you can issue your claim online. It will save you time and money. Go to www.moneydaim.gov.uk to find out more.
Produced by:Mrs M Howlett
N86 Interim Charging Order CJR093

[IMG]file:///C:/Users/Tony/AppData/Local/Temp/msohtmlclip1/01/clip_image002.jpg[/IMG]

SEBCOU based at
County Court at King’s Lynn
Chequer House

HM Courts & Tribunals Service

12 King Street
King's Lynn
Norfolk
PE 30 1ES
T 0344 892 4000 (County Court Enquiries)
F 01264 347897 E SEBCOU@hmcts.gsi.gov.uk
www.Justice .gov.u k







To the Defendant and to any co-Proprietor
This letter accompanies an Interim Charging Order made by this Court.
This Order has been made in accordance with the Charging Orders Act 1979 and the Civil Procedure Rules. It has been made at the Bulk Charging Order Centre which is based at the County Court at King’s Lynn.
The enclosed Order is an interim Order made without prior notice to you and without a court hearing. You will see that the court has listed the application for a hearing when a Judge will consider whether the Order should continue and be confirmed as a Final Order.
If you wish to object to the interim order being made a final order you must file with the court written evidence stating the grounds of your objection not less than 7days before the hearing, and send a copy to the judgment creditor (Rule 73.8 (1)).
IMPORTANT NOTE
IF YOU WISH TO BE HEARD ON THIS APPLICATION AND KING’S LYNN IS NOT YOUR LOCAL COURT YOU MUST MAKE A WRITTEN REQUEST TO TRANSFER, THEN THE HEARING FIXED TO TAKE PLACE AT KING’S LYNN WILL BE CANCELLED AND THE APPLICATION TRANSFERRED TO YOUR LOCAL COURT WHERE A NEW HEARING DATE WILL BE FIXED. THE INTERIM ORDER WILL CONTINUE UNTIL THE NEW HEARING
If you need advice, help or assistance you should contact a Solicitor or your local Citizens Advice Bureau.
Please see over for an extract from the court’s information leaflet on Charging Orders. The full leaflet is available from any County Court or from our web site at www.hmcts.gsi.gov. uk

1

G:\RCOU\Master FormsMCO LETTER.doc

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I also need to get the case moved to a more local court than the one they want to use

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Claim No. Appn. No.

Application in the
County Court at Kings Lynn
for charging order
on land or property _{Fee Account No}
………………………..

Claimant Defendant

Cabot Financial (UK) Limited
……………………..







The [claimant] [defendant] (‘the judgment creditor') applies for an order imposing a charge on
the interest of the [defendant] [claimant] Cthe judgment debtor') in the land or
property mentioned below to secure payment of the amount owing under the judgment or order
given on October 20 15 [by the Northampton CCBC in
claim no. ………………. ].

1. Judgment debtor

The judgment debtor is …………………….. whose address is
………………………………………………….
Postcode

1. Judgment debt

The judgment or order required the judgment debtor to pay £8041.79 (including any costs and interest). The amount now owing is £ 8041.79 [which includes further
interest payable on the judgment debt].
\71 £ 50.00 of the instalments due under the judgment or order has fallen due and remains
unpaid.
I | The judgment or order did not provide for payment by instalments.

1. The land or property

The address of the land or property upon which it is sought to impose a to charge is ………………………………………….
[the title to which is registered at H. M. Land Registry under Title No. GM322101 An Office Copy of the Land Register entries for this title is attached.]

1. Judgment debtor’s interest in the land or property

The judgment debtor is:
[~~| the sole owner \7\ a joint owner Q a beneficiary under a trust
[7] This is shown by the Office Copy Land Register entries attached.
I I The judgment creditor believes this to be so because

Pnntal on behalf Of 7 he Court Service

N379 Application for charging order on land or property (03.02)