Over 8 years old ccJ

[Sidbulldog]

Hi I had started this tread in welcome forum
basically I got a letter in August this year from glowbal arrow
asking for 2800 also saying they had a charging order on house
that as been sold 4 years ago . So as advised on here I asked for a SAR. This turned up today in file via email on the 30th day since requested the file is empty I have tried to open via phone and on business computer that as all apps for opening these type of files also showing as empty. Also been offered discount 50 % payable by 18 December
I’m confused how to follow this up . Im get the feeling they don’t have any info apart from my name and debt they have bought
any advice would be much appreciated

[Sidbulldog]

Update
l received SAR via post today it contains various addresses some of winch I have never lived at . Nothing in regards to charging order . But what was interesting was in computer readout of case was status of debt listed as status barred in uk with a Y in box next to it then line below stating charging order in place also with a Y in box. I’m a little confused on how to follow this up
they have already discounted debt by 50% after I passed dead line of first discount of 2100 from 2800 now discounted it to 1400 without me ever challenging any thing . Where do I go from here ?

[Sidbulldog]

Hi please could someone advise me on next step to take ?

[R0b]

Hi I will respond later if no one else does by then

[Sidbulldog]

Thank you Rob

[redstar]

Hi Sid if the house was sold it would have came to light a charging order that would have needed to be addressed before sale. Sounds like they are changing their arm a tick in box . Land registry may be able to help if try a search not sure how far back English land registry works but within UK charging order are basically same if secured against property you cannot sell without registered party being paid at point as it where of sale or them rare but .. removing charge and switching to unsecured with cavers in place in which case as no contact as you say stayed barred 8 years.

I would demand proof of charge a clearly they can't...why it was not acted on because secured lenders never simply let you sell the assets they have and not act or best still tell them to jog on

[redstar]

Sorry stupid mobile should be .. chancing their arm and caveats in place personally I'd say jog on to them

[Sidbulldog]

Hi red star I still have a ccJ though it’s not in forceable Being over 8 years old there is still a chance they could go back to court . But they have only showed me a old statement of credit card account and I few addresses some of that have nothing to do with me . You think I should ask for proof of charging order to start with ?

[redstar]

Ccj is different from secured loan on house but if that had been loan or as claimed ccj enforced charagble on security assets or house same ethos .. would be registered on land registry then at point of sale they would have had to have had it cleared before sale went through . sounds like maybe they intended to enforce and were too late didn't and has been sold to DDC who are hoping you will pay and surcumb to begin threats that you are unaware you cannot sell house without settling at registered or charged debts thus just chancing arm. .If they had charge you could not have sold house without knowing if stayed barred ignore let them waste time or personally I'd tell them stauted barred jog on .. they have no leg to stand on from what you say.Cheeky they play on people's fears no claim at point of sale no charge on land ..

[R0b]

Does the letter actually say they have a charging order on your home or does it say they may apply for one, because there is a difference. I think it would be helpful to see the letter (redacted) so we know what exactly Arrow are saying.

Like Redstar mentioned, if Arrow had a charging order on your property, it would have been flagged up by the conveyancer when selling the property but that I see that as irrelevant anyway since the previous home has been sold and makes me wonder if there was ever a charging order, in which case Arrow are telling outright lies.

Are they definitely referring to the house that has been sold and not your existing one (if you have one)? You can do a check on the Land Registry for £2 which tells you information about your property and if any charges have been registered.

I think you can put this to bed with a strongly worded letter and references to their obligations under FCA rules but I think we need to understand the current position first before putting something together.

[Sidbulldog]

Hi Rob and redstar I can send all letters received to this thread . I do know a ccJ was on my file over 8 years ago listed to a company in the Channel Islands ie arrow and they tried to get a order on house but it was turned down because my ex wife was awarded house in full so they would have only got a ico . Anyhow I will let you go through letters and see what u think ?
ps what’s the best way to add letters to thread I did try photos but said too large to open

[Sidbulldog]

[Sidbulldog]

Not sure it loaded date wise but hopefully give a insight

[Sidbulldog]

Hope these letters help

[R0b]

Based on those letters, there's nothing to suggest or indicate what charging order (if any) that Arrow seem to hold. You suggested in earlier posts that any charging order may have applied to an earlier house but you've already sold that one.

If you own a new property I think it would be sensible for you to cross-check the land registry and make sure there is no charging order attached to your property. You can do this by going to the Land Registry Website and doing a search via postcode to obtain the title register which only costs £3 to obtain. If indeed there is a charge attached, you will find this in the "Charges" section of the title.

However, if there is nothing in the Charges section then it would seem that Arrow have no charging order and that to my mind would be them trying to recover a debt by way of fraudulent misrepresentation.

Once you know there is nothing on there, you can start your reply to Arrow/Dryden and explain to them that you don't accept the debt and in any event it is statute barred. There are some provisions from the FCA CONC Handbook that may be relevant to include in your letter. Note that those labelled with an "R" are rules and are legally binding on creditors as part of their FCA permissions.

Rule 7.15.4 says that if the lender/creditor has not been in contact with the debtor within the limitation period then it must not pursue recovery of the debt.

Guidance 7.15.7 says that it is misleading to suggest that a debtor is subject to court action when it knows or should reasonably know that the debt is statute barred.

Rule 7.15.8 confirms that lenders must not continue to demand payment when the debtor has stated he will not be paying because the debt is statute barred.

Hopefully that should give you a starting point, why don't you have a go at drafting something as a response to Dryden and post it up here and we will provide feedback.