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Land Registry COs/Debt Collectors/Solicitors ‐ A tad late but any help appreciated!

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Land Registry COs/Debt Collectors/Solicitors ‐ A tad late but any help appreciated! Empty Land Registry COs/Debt Collectors/Solicitors ‐ A tad late but any help appreciated!

Post by Bobblehat on Thu Jul 05, 2018 5:59 pm

Hello and hope this is in the right area for posting this...if not I can remove and repost if directed, thanks.

Ok here we go...the sob story....I have had my head in the sand about all my debts for years, mostly from losing my job in 2009, family loss before and after and some health issues since but none of that really matters as the ball keeps rolling...so to now! Where having had Land Registry contact me (a second time) with regards to both a RESTRICTION & an AGREED NOTICE (for 2 separate debts), it is blindly obvious that this cannot continue so I have to do something about it, so if anyone can give me some advice or point me in the right direction of what I can/should do then I would greatly appreciate it!

Not sure about how much info you need but will provide as much as possible, in as concise a way I can (I am able to scan any of the documents I refer to herein if needed).

Debt 1: £3018.44 (inc. costs/interest/fines)
Original Creditor: Halifax
Original Loan Date: This was a bank account and monies owed is overdraft
Original Loan Amount: £2000 (overdraft limit)
Debt Company(s): Cabot
Solicitor(s): Mortimer & Clarke
Date of Land Registry contact: 27/06/18
Action of Land Registry: Document B132 ‐ ENTRY OF AN AGREED NOTICE

Notes: I have no old bank account documents from Halifax but can always request them? Not sure if that is possible...
Have previously made payments (of £1 & £10 an agreed payment plan) but no payments made for over 6/7 years

Debt 2: £8501.21 (inc. costs/interest/fines)
Original Creditor: Northern Rock
Original Loan Date: 2007/2008
Original Loan Amount: £7000
Debt Company(s): HPH2 EX SANDTANDER UK PLC, Robinsons, Hoist Portfolio (which is also the same company as HPH2...I think)
Solicitor(s): Howard Cohen
Date of Land Registry contact: 24/08/17
Action of Land Registry: Document B136 (CO) ‐ AN APPLICATION TO REGISTER A RESTRICTION AGAINST THE LAND

Notes: The original creditor loan was taken out with Northern Rock but I do not have any of the old documents
Not sure of the exact date that I took out this loan but think it was at the end of 2007 early 2008
I have not made payments to them for over 6/7 years but their documentation states £0 paid at all ‐ I would have to request old bank statements to confirm

Guess the question is can I do anything about having these removed?
Are the debts still enforceable?
Should I ask the Debt Companies for the date of the original loans? I think they got the charging orders in before the end of the 6 year period for collection (not that I was playing it that way just from what I have read recently.
Can I still ask them to provide proof of debt?
Is the 3 letter process even relevant now?

i understand that it is a horse bolted situation but even if it is to go back and work out a payment plan etc then so be it and I am not sure I am even asking the right questions. Ideally I just want to get this straight and cut the worry about losing my house and find a way to become debt free! Really, any advice given is sorely needed. If you need more info about the situation or about me then please ask.

Thank you,
Bob



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Post by daveiron on Thu Jul 05, 2018 6:29 pm

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Post by waylander62 on Thu Jul 05, 2018 7:08 pm

It would appear from your original post that both of these have gone to court and in both cases you lost, probably by default.

they have then acted upon their victory and obtained a charging on order on your property possibly you have 2 charging orders one for each debt ?

there is probably very little you can do now to be honest

1 was for an overdraft facility and one was for a loan ? am i right on this ?

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Post by Bobblehat on Thu Jul 05, 2018 8:42 pm

Thanks davieron, I’ll take a look.

Waylandery2, yes that’s right, both have gone to court and both won by default, didnt know what to do so foolishly left it and did not even attend. And yes there are two charging orders, one for each.

So does that mean they will be able to now force a judgement to force me to sell my house?

Yes one overdraft and one loan. Is it worth checking the original dates of the loans as maybe they acted outside of the allowed time to claim?

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Post by waylander62 on Thu Jul 05, 2018 9:18 pm

they could possibly act on the charging order, what could help you is if the loan/ overdraft was in your name and the house is in joint names .

it does not matter if they acted outside of the time allowed, if you did not defend at the time it will not help you now.

before doing anything further i would need to know the answer to my 1st statement as it could be like stirring up a hornets nest, but there are often hidden things to look for

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Post by Bobblehat on Thu Jul 05, 2018 9:59 pm

No, both were/are only in my name.

Surely that could be contested if it were? No matter the ruling if it is found later to be void? (Just a thought)

1st statement being if both were cases taken to court and lost...by default then yes that is correct.

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Post by waylander62 on Thu Jul 05, 2018 10:25 pm

and the house, joint names ? if so then they would have difficulty in trying to force a sale.

nope afraid not, out of time or statute barred as it is better known, does not mean that the debt is not owed after 6 years but if you respond telling the DCA that you will not be paying anything due to it being statute barred then you have a case. so too late for that one.

I have noticed that both cases were won by a DCA therefore the original creditors must have sold the debt on is this true ?

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Post by Bobblehat on Fri Jul 06, 2018 10:20 am

The house in in my name only.

Ah ok. So your comment here about responding to DCA was to be done prior to the CO being served?

Yes I believe that they have both been sold on by the original creditors to DCAs as I have had no contact from the original creditors for years and all contact for these debts are from the DCAs.

So in that event, would it be worth contacting the DCAs to ask for proof of debt/original documents? Only for the reason that if that cannot be produced then the validity of the CO would fail?

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Post by Bobblehat on Fri Jul 06, 2018 10:22 am

*The house is in my name only ‐ sorry for the typo.


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Post by waylander62 on Fri Jul 06, 2018 9:25 pm

@Bobblehat wrote:The house in in my name only.

Ah ok. So your comment here about responding to DCA was to be done prior to the CO being served?

Yes I believe that they have both been sold on by the original creditors to DCAs as I have had no contact from the original creditors for years and all contact for these debts are from the DCAs.

So in that event, would it be worth contacting the DCAs to ask for proof of debt/original documents? Only for the reason that if that cannot be produced then the validity of the CO would fail?

house in your name only means they could try to enforce a sale, unlikely but be wary.

therefore you have 2 debt buyers with charging orders, so the original creditors are out of the equation.

waste of time contacting the DCA's for proof, they dont have to provide any proof now as they have won and twice.

what i would do in your position is to send a full DSAR to the original creditors for both of these separately, look at the paperwork that comes back and try and find something that might help you, it is a long shot but worth a try. With the loan there may well be a PPI that was attached you were unaware of, with the overdraft there may well be unfair charges or an unfair agreement. This in my opinion is your only hope with this. you could always push hard for the assignment details too, always worth an inspection.

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