Bluemonday 3 Unenforceability Diary

[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!

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

[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.

[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.

[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]

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 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!

[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]

So I sent in an I & E & offer of repayment with the complaint letter on 9/10/21 & this was signed for on 12/10/21 but I have not received anything in response to this.
However today I have received a letter dated 1/11/21 saying that I have not made a payment. I have religiously paid this by standing order every month.
Whilst I acknowledge the account is in arrears I have not missed a payment since before my DMP 2009.
It seems that I am going to have to call them, which I would rather not do but as they have not acknowledge my first letter I feel I have little choice.
I can't believe that after all these years of having no hassle from them, they are now causing me stress again just because they have changed their systems.

[Bluemonday3]

I intend to complain, I just never know what’s coming next!

[Roger]

I intend to complain as this dropped off my credit report years ago as the CCJ & subsequent charging order was in 2010!

Which they must have known about AND They are deliberately damaging your Credit Rating! They are abusing this Credit System!!

[Bluemonday3]

I intend to complain as this dropped off my credit report years ago as the CCJ & subsequent charging order was in 2010!

[Bluemonday3]

Thank you

[Roger]

My mortgage provider has now shown on my credit report that I am more than 6 months in arrears on the loan attached to the mortgage and this has negatively affected my credit score which has been great for the past few years. I am not looking to take further credit, however I am more than cheesed off that they are now making an issue of it. I have found my documents relating back to the CCJ which ultimately led to a charging order on my house. This came about as Stepchange refused to pay them more than any of my other creditors and the court order states I pay £41 per month as per the DMP, however I have been paying the contractual payment plus £10 per month to the arrears for years.

You need advice

@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.