Bluemonday 3 Unenforceability Diary

[Still Waving]

Hi

Did you head your letter with "Formal Complaint"? Personally, I don't think I would phone them (everything in writing for the record). I would send another letter updated with the latest development (and non-development) headed as above, as this should make it clear that you are invoking their formal complaints process, which could end up going to the Ombudsman if they don't treat you fairly. Enclose a copy of your last letter.

Check whether they have a particular department to send formal complaints to - they should have.

[Bluemonday3]

Thank you for replying. I did raise this as a complaint and had been given a reference number for this when I phoned them to try to sort out the payments (all mucked up by them given me the wrong information for the change of system) so the complaint was about that. They have partially upheld this and compensated by £50 and re-appropriated the payments to how they should have been applied.
I am just worried now as there are arrears of £2334.37, which are historical due to me being advised by Stepchange to not pay the contractual payments. I have been paying the contractual payments plus approx £10 to the arrears for several years without any issues at all and now I feel panicked again as they have a charging order on my property for this debt.
I do have a small amount of savings, which I have for emergencies, which would clear the arrears but I don't what to do for the best. ( if I had the choice I would rather paying off small amounts, as I am worried about loosing what I have saved, it's taken years!) having said that they are charging me interest on the arrears so may be I being bloody minded!
The charging order states that they would not enforce if I paid £41.54 per month, which is almost £100 less than the monthly contractual payment.
I am just peeved that they have not even acknowledged my letter and offer of payment.. so I am not sure where I go next re the complaint unless I sumbit another complaint but I am not really sure what I am complaining about.
Apologies for this waffle.. I have so much personal stuff going on that if there was ever a bad time for all of this to rear it's head, now is it!

[Roger]

Charging Order?
Does this mean as per a Court?
The reason is because they would have been a party to the Courts decision!
Both parties are Bound by that Courts decision.

"..The charging order states that they would not enforce if I paid £41.54 per month .."

I think you need advice here because I can't see how they think they can continue with business as normal (ie charges) when they and the Court have FIXED a monthly amount!

You shouldn't be paying anything other than what the Court fixed!

@Colin G Quinn

Contact Colin email of phone at colin@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

[Bluemonday3]

Thank you for your reply, there is a charging order in place but I am somewhat baffled by the paperwork. I was not in a good place in 2010 when this was issued & stepchange basically just said this was a way of securing an unsecured loan against my property and that they were unlikely to force a sale.
If my memory serves me well, they also said what you said re payments, as they effectively will receive their money when the house is sold.
The general form or judgment or order states ' the claimant may not enforce the judgement other than by way of a charging order application without leave of the court whilst ever the defendant pays £41.54 per calendar month. Then an interim charging order was applied and granted and then the final charging order

[Roger]

Thank you for your reply, there is a charging order in place but I am somewhat baffled by the paperwork. I was not in a good place in 2010 when this was issued & stepchange basically just said this was a way of securing an unsecured loan against my property and that they were unlikely to force a sale.
If my memory serves me well, they also said what you said re payments, as they effectively will receive their money when the house is sold.
The general form or judgment or order states ' the claimant may not enforce the judgement other than by way of a charging order application without leave of the court whilst ever the defendant pays £41.54 per calendar month. Then an interim charging order was applied and granted and then the final charging order

Seems to me that you have been VERY ill advised by Step Change

Comment from @nightwatch
https://all-about-debt.co.uk/forum/d...07#post1539907
".. even when on an arrangement with step change they can decide to try court action .."

You Need to speak to or Contact with a reference back to your Entry
Colin G Quinn

Contact Colin email of phone at colin@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

[Still Waving]

Hi again.

Do as Roger suggests - contact Colin who should be able to help clarify things in your mind, to put you in a position to take your complaint forward.

[Bluemonday3]

Thank you both. I will contact Colin for advice. Thank you for taking the time to reply.

[Roger]

Thank you both. I will contact Colin for advice. Thank you for taking the time to reply.

Don't make assumptions or presumptions here!
Make certain you have the documents available should Colin want to look at these! Also dates and letter re Court, Step Change etc..
The State of your Mind Health at that time and also details of the name of the Claimant!!
Good Luck

[Bluemonday3]

Thank you, I have a folder with the court papers but my messy mind has not been so organised with the other stuff! I will seek this out!

[Bluemonday3]

Just to update. I have raised a further complaint as to start off with this was all about how their change of computer systems had led to my payments not being applied correctly to my account. The complaint manager told me that she was dealing with this and would get the payments adjusted back to how they should have been applied and that she would also provide this information in a letter. By her own admittance, she did neither! She has apologised profusely, told me that she has admitted this to her manager and put £100 in my account !
I have added to the complaint as the November's payments have not been applied properly either, which has led to me showing as having mortgage arrears now, which I have never had.
I also complained separately re the loan being reported on my credit file after this fell off approx 2017 & she was going to look into this.
Just to get further clarity, I have been in touch with National debtline, who also confirm they cannot do this, and this has opened a whole can of worms as to issues around the CCJ, the subsequent charging order etc.
NDL stated that the CCJ supercedes any legal contract/loan agreement & that my obligation should just be to manage the payments set by the court. I have been overpaying for years, but to be honest I just want rid of the debt, so I have no issue with this I guess, it is just getting them to stop persecuting me by other means.i.e. the credit file etc.
NDL advised sending them a SAR, however as this was back in 2010, I am not sure what information they will still have.
It has made me think that I may have more to complain about and I want to get this right.

[Roger]

Have you spoken to Colin G Quinn over your issues?

Contact Colin email of phone at colin@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

[Bluemonday3]

Hi yes I did make contact and was advised that the information isn’t actually incorrect as I am in arrears but I will raise my other concerns following my conversation with national debt line

[Colin G Quinn]

Hi,

Are you able to remind me of when we spoke? Apologies if we have as I have no recollection I'm afraid.

If it's any easier please feel free to email me.

[Bluemonday3]

Hi I have sent you another email, thank you

[Colin G Quinn]

Hi. Yes, I have just responded. I don't think it was myself that you have spoken to.