Charging Order - Lowells/Bryan Carter Solicitors

[HaliMac]

Hi All

Hope you're all well.

As some may know, I used to be something of a forum regular during the heady days of the 'reclaim rush'. Since then I've left the UK and am living with my other half and our son in sunny Bulgaria.

I still own my place in London, however, and rent it out. Although I thought I'd tied all my affairs up when I moved, it seems I'd stupidly left a balance on a Halifax Credit card, a debt which was subsequently sold to Lowells - then forgot about it.

My letting agent (sporadically) sends over my post every so often and it appears I've had a CCJ registered against me, which has rapidly become a interim charging order, which I think may have also now been made final. Amount owed has now increased to just over £1000.

All the correspondence I have in this case has come from 'Bryan Carter Solicitors LLP' of Weybridge, who I'm guessing are Lowell's pet lawyers?

I didn't receive a summons for the original CCJ (although I did receive a few reminder letters) - and I certainly wasn't in the country to receive it anyway, so perhaps the original CCJ summons wasn't served properly? However, as this action has the potential to place my home at risk, my first instinct is to try to slow things down a little, then perhaps negotiate and see if I can get the amount reduced.

Any suggestions as to how best to to handle?

Thanks in advance and good to be back (although I wish it was under happier circumstances!).

HaliMac

[Debt Camel]

Re: Charging Order - Lowells/Bryan Carter Solicitors

I suggest you call them up and make an arrangement to pat the debt off.

You don't have a case for challenging the CCJ - you don't dispute the debt, you failed to respond to reminders and you didn't keep your creditors informed of your new address. An application for the CCJ to be set aside is very unlikely to be accepted.

They have got a charge over your house - they arent going to accept a reduced settlement.

[Amethyst]

Re: Charging Order - Lowells/Bryan Carter Solicitors

Blimey, Hi HaliMac xxx

Sadly, I do agree with DebtCamel on the Charging Order front, I doubt you'd get far with a set aside at this late stage.

You would be better placed getting in touch with Bryan Carter (who yes, are Lowells pet sols these days, along with BW Legal for the really nasty stuff) and making an offer to settle it and have the CO removed, if you are in a position to, or set up insallments on the understanding they remove the CO when the debt is paid off. I'd word it that you have XXX amount available and you'd rather give it to BC to lose the CO than to the Bulgarian Tax Authority lol, otherwise can you set up to pay installments over xxx years to start paying off the debt monthly. But I doubt you would get much of a discount, if any, because they do have security, so it'd just be a play on whether they want cash lump now or drips over a long period.

You don't know until you speak with them.


Is it the same card as this one - http://www.legalbeagles.info/forums/...608#post196608 ?

[HaliMac]

Re: Charging Order - Lowells/Bryan Carter Solicitors

Thanks so much Amethyst, Debt Camel :thumb::thumb::thumb:


Sensible, sound advice, as expected. I'm in a position to be able to pay it in full, and will do so. I just wanted to see whether there might have been any possibility to make things a bit more difficult for these parasitical lowlives!

Presumably full payment will remove the CO immediately - or are there any potental pitfalls?

Mac

[Amethyst]

Re: Charging Order - Lowells/Bryan Carter Solicitors

Full Payment won't automatically remove the CO you will need to speak to BryanCarters/Lowell and apply to the court to discharge it. Don't pay anything until you have agreed the amount needed to enable the order to be discharged, and get that in writing first.


Pitfalls - Lowell might have continued to add interest to the debt if it was granted. Argue about that.

If you pay off the amount you owe under the charging order, you can apply to the court for the order to be discharged. The amount you have to pay will include court fees and costs that have been added to the debt. Ask the court for a certificate of satisfaction on your county court judgment 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.

[EXC]

Re: Charging Order - Lowells/Bryan Carter Solicitors

Good to see you HaliMac.

[HaliMac]

Re: Charging Order - Lowells/Bryan Carter Solicitors

Thanks EXC - you too

[HaliMac]

Re: Charging Order - Lowells/Bryan Carter Solicitors

All

Just spoken to Bryan Carter and have made an arrangement to pay the balance. They confirmed that they will have the charge removed upon receipt of payment and the matter will end - no extra charges will be made over and above the balance I owe. They will also confirm our conversation in writing, so I'll await that and report back here if there are any discrepancies.

Surprisingly, I was treated politely and with civility. So fingers crossed, it looks like it's done.

Thanks all (as usual) for your sensible advice :okay:

[MIKE770]

Re: Charging Order - Lowells/Bryan Carter Solicitors

All

Just spoken to Bryan Carter and have made an arrangement to pay the balance. They confirmed that they will have the charge removed upon receipt of payment and the matter will end - no extra charges will be made over and above the balance I owe. They will also confirm our conversation in writing, so I'll await that and report back here if there are any discrepancies.

Surprisingly, I was treated politely and with civility. So fingers crossed, it looks like it's done.

Thanks all (as usual) for your sensible advice :okay:

Surprisingly, I was treated politely and with civility. So fingers crossed, it looks like it's done.


Of course they are richer now, try them if you state do not owe it, anyway least it will sorted,

They have a fund soon for Xmas Piss Up!

[HaliMac]

Re: Charging Order - Lowells/Bryan Carter Solicitors

I'd heard some horror stories - was just saying how they dealt with me. Don't worry, I still have a very healthy disrespect for debt collectors - it's not Stockholm Syndrome

[MIKE770]

Re: Charging Order - Lowells/Bryan Carter Solicitors

I'd heard some horror stories - was just saying how they dealt with me. Don't worry, I still have a very healthy disrespect for debt collectors - it's not Stockholm Syndrome

Headdy should be in my case:- I never tell lies - just distort the truth @ times.:beagle:

[HaliMac]

Re: Charging Order - Lowells/Bryan Carter Solicitors

All paid now. Done and dusted. Charge will be lifted. Phew.

Thanks all for advice :thumb:

[Amethyst]

Re: Charging Order - Lowells/Bryan Carter Solicitors

Nice one well done. Just check with the Land Registry in a couple weeks that the charge has been removed. xx

[HaliMac]

Re: Charging Order - Lowells/Bryan Carter Solicitors

Thanks Amethyst - will do