Help Needed With Bryan Carter & Co

[Amethyst]

Re: Help Needed With Bryan Carter & Co

from curly a bit earlier in the thread...

Originally Posted by Can the creditor sell my home?

It is rare for the court to allow a creditor who has a final charging order to sell your home. Most creditors are prepared to wait for you to sell your home at some point in the future and to be paid out of the proceeds of the sale. If a creditor is not prepared to wait, then they can apply to the court for a hearing for an order for sale. It is up to the court to decide whether to make an order for sale or not.

So without a further hearing there is NO way this will happen.


Have a read through this for starters: Debt Factsheets - Charging orders in the county court

Here is the statute Law concerning CO's : Charging Orders Act 1979 (c. 53) - Statute Law Database

[Curlyben]

Re: Help Needed With Bryan Carter & Co

Del, you are paying the agreed amounts to Mr C, so as ever he is talking vapour.

I'd be inclined to send him a dispute letter out lining the fact you are already making the agree payments AND you are currently disputing the value of these debts directly with MBNA.

Unfortuneatly I'm tied up, but I'm sure Ame can knock you one up

[Amethyst]

Re: Help Needed With Bryan Carter & Co

Okay just getting the facts right...

The final charging order was made on 21/2/2007.

This was a debt from MBNA.

the court ordered payments of £395 a month, but the Judgement was suspended on the proviso you paid £40 a month and Carters got a charging order ? Was this after you asked for redetermination. Was there another order for the £40 a month?

You made payments for a time, then due to circumstances contacted Carter and offered reduced payments, which he has refused, and threatened to ask for a sale order on your home. Have you been making any payments to him, and do you have the suspended judgement order somewhere.


Is that about where we are with this specific debt now?

[silverdel]

Re: Help Needed With Bryan Carter & Co

Carters accepted £40 per month but say I am in arrears this i am not but as yet they are not willing to give me any more information, I just assume that they are getting huffy 'cos I have SAR'd them and MBNA>

[WendyB]

Re: Help Needed With Bryan Carter & Co

So have you been paying the £40 per month? Have you got written proof from Carters that they accepted it? And proof that you've been paying it? (if you have been paying it that is)

[silverdel]

Re: Help Needed With Bryan Carter & Co

I have the cheque stubs and of course the statements proving the payments made

[WendyB]

Re: Help Needed With Bryan Carter & Co

All good there then. Have you got anything in writing from them to say they accepted £40 per month in the first place?
I think it's just Bryan and his mob getting shirty.

Can you give the info asked for by Amethyst in post 138?

[Curlyben]

Re: Help Needed With Bryan Carter & Co

Well looks all good to me.
Seems Mr C is simply pushing his luck with this.
IF he wants to sell your house from under you, there are some serious rules he MUST adhere to and with the current economic climate the courts are trying to avoid selling orders.

What ever happens he MUST go back to court with this "request" and we WILL fight him hard if it happens.

[silverdel]

Re: Help Needed With Bryan Carter & Co

Well looks all good to me.
Seems Mr C is simply pushing his luck with this.
IF he wants to sell your house from under you, there are some serious rules he MUST adhere to and with the current economic climate the courts are trying to avoid selling orders.

What ever happens he MUST go back to court with this "request" and we WILL fight him hard if it happens.

Thanks CB and AME, just to bring you up to date on my circumstances at present time,
Incapicity Benefit and Income Support £94.20 per week
Mortgage on its own £400.11 pcm
I have been off from any work since 16/07/08
My wife is suffering from severe mental health issues but receives no benefits
We have lived in our home for 9 years.
Our total debts are in excess of £30k, not including mortgage or secured loan.

[Amethyst]

Re: Help Needed With Bryan Carter & Co

thanks xxx that will come in handy a bit further down the line


oo one more bit - how much is your house worth now and whats the outstanding mortgage & charging orders on it

[silverdel]

Re: Help Needed With Bryan Carter & Co

Ame, As Requested
Home is worth £160,000 ish, the outstanding mortgage is £70000 and the charging orders are £6700 & £5800 both to Bryan Carter on behalf of Arrow Global (DCA) who acted on behalf of MBNA

[silverdel]

Re: Help Needed With Bryan Carter & Co

letter from MBNA today asking for a copy of my signature ie, as on either passport or driving license, funnily i thought they had my signature on the cheque i sent to them when I sent a SAR request, as Curlyben would say "Bovine Excrement" !!!

[Birdie]

Re: Help Needed With Bryan Carter & Co

Why on earth would they need a copy of your signature? Very strange request!

[Amethyst]

Re: Help Needed With Bryan Carter & Co

Hi silverdel xxxx

Do you still need a hand with a letter or has Curls helped you out?

Ta

Ame
xx

[silverdel]

Re: Help Needed With Bryan Carter & Co

Curly has been "tied up" this week so has not been able to get around to helping at the normal speed he usualy does, so I would welcome your help.