our house

[Spent2much]

Re: our house

wow more discussion on this, wonder what can be done in that case as that is misconduct?

yes we have always thought this, i just looked on payplanplus which used to be justabank and i cannot find the returned information, i am thinking of sending this email . Tell what you think please ?

HI A,
I am trying to find some email's from 2008 , at the time Eversheds returned payment twice i believe and then applied to the court for a ccj/charging order, i have reason to believe they did this purposley and actually did this in an attempt to make my husband look like he didn't want to pay when that was not the case .
I know this happened and i would kindly ask if you can retrieve those email's or even find on justabank where it say's returned payment from Eversheds, this is really important .
Thank you

[The Tech Clerk]

Re: our house

see what others may add?

[Spent2much]

Re: our house

see what others may add?

ok then, i also just found a letter form eversheds dated 7th June 2011

We note that you have failed to redirect your payments to ourselves as requested in our previous letter.

In our letter we stated that payments made to the original lender may not be redirected to us. If payments are not redirected we will take further action to recover the debt so it is essential that you ensure are now made to us .

No further notice will be provided and if legal proceedings are issued or our agents are instructed to call you there may be additional costs incurred which we may claim from you .

These b******s are trying to force sale by making out my husband hasn't paid on time. Payplan send the payments to eversheds, i remember contacting payplan and asking why the payment hadn't got to these people, payplan did sort it out but i beleive they did send it to the correct account .

[vint1954]

Re: our house

What makes you think that they are forcing a sale?

That letter is over a year ago.

[vint1954]

Re: our house

Hi s2m,

Are you sure that they have a CCJ and a Charging order.

Did you receive papers from the County Court?

[Spent2much]

Re: our house

Hi s2m,

Are you sure that they have a CCJ and a Charging order.

Did you receive papers from the County Court?

yes got them here in front of me , i received notification from the land registry saying a charge is on the property .

[Spent2much]

Re: our house

What makes you think that they are forcing a sale?

That letter is over a year ago.

i'm not saying they are forcing sale , i mean they tried it on last year .
I am trying to show the picture what they are up to and have been from the beginning. They got the charge granted in August of 2008 and by 3rd December they were threatening with enforceing the ccj and legal charge held against the property. They are threa o grams yes,but i think they did refuse payment in 2008 in order to make hubby kind of default on payment so they had the excuse to apply for and be granted the charge .

[Spent2much]

Re: our house

The market lost another trader Tuesday, the cafe so that is now empty, hubby is giving the business two weeks and then going to ask the market manager to reduce the rent because he will tell them the business has dropped since the cafe closed , if it is refused he will tell he is closing also . This is the last chance for the business .It did pick up Tuesday , will see what today does and the next two weeks .

About the charge on the house then , because its is now there and we have always thought that eversheds deliberatley made us miss payments by refusing them through payplan for two months so they could apply and get a ccj/charge on the porperty. Are you saying we have to just let it be even though they did this deliberatley ?

[PlanB]

Re: our house

About the charge on the house then , because its is now there and we have always thought that eversheds deliberatley made us miss payments by refusing them through payplan for two months so they could apply and get a ccj/charge on the porperty. Are you saying we have to just let it be even though they did this deliberatley ?

You would have to apply to the court for a set-aside and prove that the CO was applied unlawfully. To achieve this you would need written evidence of the solicitor's refusal to accept your payments. The court would also consider whether even if the charge was removed would the creditor be able to immediately apply for a CO again and would the outcome be the same. In other words the court doesn't like to waste time and costs on changing the situation if you'd only be back in the same situation a month later. So if the CCJ was a forthwith order but you were paying by instalments it wouldn't be easy because technically you would be in arrears. But if it was an instalment order which you kept to then you may have a point.

Having said that the distance in time from when this happenend is most important too. The court looks less favourably on applications for a set-aside which are more than 30 days after the original event, and in your case it would be four years.

Keep the idea in the back of your mind, but I think your first priority is to stabilise your mortgage situation.

[vint1954]

Re: our house

S2M,

Can you please confirm that the mortgage is joint and that the charging order is in one name only.

As posted before, this can only be a restriction.

[Spent2much]

Re: our house

S2M,

Can you please confirm that the mortgage is joint and that the charging order is in one name only.

As posted before, this can only be a restriction.

sure, the mortgage is in joint names , the charge which was a credit card is in hubbys name only .

[Spent2much]

Re: our house

You would have to apply to the court for a set-aside and prove that the CO was applied unlawfully. To achieve this you would need written evidence of the solicitor's refusal to accept your payments. The court would also consider whether even if the charge was removed would the creditor be able to immediately apply for a CO again and would the outcome be the same. In other words the court doesn't like to waste time and costs on changing the situation if you'd only be back in the same situation a month later. So if the CCJ was a forthwith order but you were paying by instalments it wouldn't be easy because technically you would be in arrears. But if it was an instalment order which you kept to then you may have a point.

Having said that the distance in time from when this happenend is most important too. The court looks less favourably on applications for a set-aside which are more than 30 days after the original event, and in your case it would be four years.

Keep the idea in the back of your mind, but I think your first priority is to stabilise your mortgage situation.

agree with , this happened at a time when we were intimidated by dca and threats of our house being taken off us so the only thing to do at the moment is to ask the court to reduce the charge and the ccj as the charge is £27.77 a month which could be paying the mortgage .

[The Tech Clerk]

Re: our house

Then I have been informed/read somewhere that a joint mortgage, and charging order refering to one name, that on selling the solicitor etc would inform a company after the sale had gone thru, so too late for company to reap benifits as in most cases money used to purchase another property or spent, others may clarify this area?

[vint1954]

Re: our house

Then I have been informed/read somewhere that a joint mortgage, and charging order refering to one name, that on selling the solicitor etc would inform a company after the sale had gone thru, so too late for company to reap benifits as in most cases money used to purchase another property or spent, others may clarify this area?

Hi Gangshield,

Yes, as I posted earlier. All that the land registry needs, is a certificate stating that the property is being sold.

You need to get the right solicitor though as some would just settle the debt, when they dont need to. Its all about the timing of the certificate. Our prferred solicitor would know when to time it.

[The Tech Clerk]

Re: our house

wish I had known that decades ago.