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CCJ sold on (with Charging Order)

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  • CCJ sold on (with Charging Order)

    Looking for some advice please. I had a credit card debt and whilst I lived abroad a ccj was issued and because payment plans were ignored a charge was registered against my property. At the time my tenant signed registered letters and just left them sitting in the porch so I was unaware of these proceedings. The charge was registered in 2009 by CL Finance. It currently shows as an Interim Order however I do believe a final order was issued. When my tenant moved out in 2012 I found all the letters and contacted Howard Cohen (solicitors for CL Finance) and agreed a payment plan of £25 per month as I was concerned about being forced to sell my home. I tried to offer them a reduced settlement to close the matter but they insisted they wanted the full amount so I carried on paying £25 per month. In 2014 the debt was taken over by Hoist Finance and Robinson Way wrote to me with a form for income/expenditure which I ignored. I wrote to Robinson Way last year to request sight of the original agreement and they told me they would investigate and get back to me. The last letter was in April 2016 stating they were still investigating and whilst doing so no further collections would be taken. I recently realised collections are still being taken every month. It would seem like they can't produce any evidence of the debt. I requested this again recently and they responded in writing that they do not have a copy of the agreement. I have advised them I can only afford £1 per month which they have accepted.

    If they cannot prove they own the debt, how do I get the charge removed from my property? I am not looking to sell at the moment, but don't want any issues further down the line and would rather this removed and the matter closed.

    The original debt was around £8500. Currentry there is £6900 outstanding. I offered £800 as settlement but they refused.

    I asked them for proof from the courts that the debt is assigned to them. They refused and said I could apply to the courts to get this.

    Appreciate any advice on how best to deal with this. Thanks!
    Last edited by Miss Eck; 3rd April 2017, 11:40:AM. Reason: Typo
    Tags: None

  • #2
    Re: CCJ sold on (with Charging Order)

    Are they saying they can't produce the CCA agreement for the debt? So far as I know, there is no reason why they should have to now there is a CCJ in place.

    Comment


    • #3
      Re: CCJ sold on (with Charging Order)

      Yes, that's correct.

      So is there nothing I can do, apart from perhaps attempt to get the CCJ set aside?

      Comment

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