hello everybody

[sammy ray]

Hi everyone,

Look forward to your help guys.

Thanks in advance

Sammy

[nemesis45]

Re: hello everybody

Hi everyone,

Look forward to your help guys.

Thanks in advance

Sammy

Good afternoon Sammy, welcome to LB.

How can we help?

nem

[sammy ray]

Re: hello everybody

I am currently paying GBP1 a month to Cabot financial for a credit card debt I owe. I have paid GBP12 via my daughters account in UK as I am overseas for medical treatment, this GBP12 was to cover the next 12 months. They claim they never got the monies and they have now put a charge order on my property. This was dated the 18th of August. We had till the 6th of October to respond. We only found out about it on the 26th of October. I have since responded to Restons their lawyers and the district court by email and registered letter. My question is, are there any forms I need to fiill out for the court or the land registry to withdraw/dispute the claim. Thank you

[nemesis45]

Re: hello everybody

I am currently paying GBP1 a month to Cabot financial for a credit card debt I owe. I have paid GBP12 via my daughters account in UK as I am overseas for medical treatment, this GBP12 was to cover the next 12 months. They claim they never got the monies and they have now put a charge order on my property. This was dated the 18th of August. We had till the 6th of October to respond. We only found out about it on the 26th of October. I have since responded to Restons their lawyers and the district court by email and registered letter. My question is, are there any forms I need to fiill out for the court or the land registry to withdraw/dispute the claim. Thank you

Hello Sammy,

How was the £12.00 paid, by debit/credit card, cash.

Has a time been an hearing arrange for the order to be made full.
Did you ask Cabot Financial for a copy of the credit card agreement?

nem

[sammy ray]

Re: hello everybody

Hello Sammy,

How was the £12.00 paid, by debit/credit card, cash.

Has a time been an hearing arrange for the order to be made full.
Did you ask Cabot Financial for a copy of the credit card agreement?

nem

The GBP12 was paid by bank transfer to Restons and I have a hard copy. I have no new intimation that the order was made FULL. But I have informed Reston (lawyers) and the court of my situation and presented proof that I have infact paid. I will go ahead to ask Cabot for a credit card agreement.

My question is do I need to fill out any forms to the court or land registry to stop this action. Thank you Nem
Rgds
Sammy

[nemesis45]

Re: hello everybody

The GBP12 was paid by bank transfer to Restons and I have a hard copy. I have no new intimation that the order was made FULL. But I have informed Reston (lawyers) and the court of my situation and presented proof that I have infact paid. I will go ahead to ask Cabot for a credit card agreement.

My question is do I need to fill out any forms to the court or land registry to stop this action. Thank you Nem
Rgds
Sammy

Hello Sammy.

I would give the Land Registry a call on Monday to find out the possibilities, it's a long time since I've dealt with such matters I suspects things may have changed.

nem

[MIKE770]

Re: hello everybody

Charging orders can be applied regardless, we had one and we were paying the full court agreed amount an amount far greater than £1.00 a month, they have applied and to all intense and purposes will have it applied,

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Charging orders - Citizens Advice

https://www.citizensadvice.org.uk/debt-and-money/action-your.../charging-orders/

[Diana M]

Re: hello everybody

I am currently paying GBP1 a month to Cabot financial for a credit card debt I owe. I have paid GBP12 via my daughters account in UK as I am overseas for medical treatment, this GBP12 was to cover the next 12 months. They claim they never got the monies and they have now put a charge order on my property. This was dated the 18th of August. We had till the 6th of October to respond. We only found out about it on the 26th of October.

How did you find out about the CO on 26th October? Was it a letter from Land Registry or an Application for a Final Charging Order (which you received too late to respond) or a letter from Restons informing you of the situation after the event?

Was the £1 per month payment agreed following a CCJ or was it a payment plan agreed with Cabot who then obtained a CCJ without your knowledge while you were abroad?

If it was the latter (CCJ while abroad) you may be in a position to apply to have it set aside. If that is successful then you can apply to have the Charging Order set aside too since without a CCJ there can be no CO (obviously).

However if there already was a CCJ (with your knowledge) then since October 2012 a creditor/Claimant has the automatic right to an Interim Charging Order (for CCJs of £1k and above) which happens without a hearing. If the Claimant wants a Final CO then there must be a hearing so you can contest it if you want. If you weren't aware of the hearing then you may be able to apply to have the CO set aside.

Is the property in your sole name or in joint names? If it is in joint names then the "CO" will only be a Restriction registered at Land Registry which means you shouldn't fear an Order for Sale.

Di