Bluemonday 3 Unenforceability Diary

[Bluemonday3]

I have not updated this for a while.
I have paid off the unsecured loan that led to a charging order on my house, however I am not sure how I get this removed.
I have asked the creditor (my mortgage company) to remove the charge. They have said they have sent off the relevant documents, I am not sure where to but the charge is still on my property.
I spoke with the land registry and they have sent me a form to complete but to be honest I have no idea what I am doing.
Has anyone any experience of this please?

[Bluemonday3]

It's bizarre how they have made contact after all this time offering massive discounts! I will take a read thank you

[XX007]

It should be statute barred in that case.

you should read the last few entries for Terryw journey to unenforceability. (its a couple of posts below this one)

He stopped a couple of companies from contacting him.

[Bluemonday3]

I have made no payments since 2017

[XX007]

All your debts say the last payments were made in 2017 is that the case or have you made other payments to them?

[Bluemonday3]

So after all this time Cabot have started again with phone calls and letters !

[Bluemonday3]

It was in my home town, they said it lapsed as it was in 2010, so they reckon it no longer exists. I asked them to remove the interest but of course they have not even acknowledged this. I’m so exhausted with it, I just want them off my back

[Still Waving]

If you know which Court awarded the CCJ and set the repayment, can you not contact the administrators for the Court and ask them whether the repayment Order is still in place? I wouldn't just take BM's word for it.

[Bluemonday3]

So an update, I emailed the CEO, no response other than by receipt of email, I complained through resolver as advised by a Birmingham Midshires representative. Complaint not upheld, so no-where else to go as FOS have already said they cannot look at this. BM have advised me that the original court order no longer is in place as they have asked their legal team to check this.
I am tired and exhausted with this and I am keen to disassociate with them as soon as possible.
My parents died last year and I have inherited a small amount of money, which would cover the outstanding loan and arrears, which should then remove the charging order so that I could hopefully re-mortgage with another provider and cut ties once and for all.

[Bluemonday3]

It does not surprise me that LLoyds are the owners.. had nothing but hassle from them also!
They advised putting me in the priority team and will send out an I & E (again) and I have to go through this over the phone, where I will be bullied into making an unaffordable arrangement, even though they say they can't do that!
I find this so exhausting.. I was even told that the court order would probably mean that I had to make £41 per month on top of the contractual payment!
They have no clue!
I offered that I was in a DMP at the time and £41 was set by the court and NDL have advised that the contractual payment no longer exists.. as per the CCJ and subsequent charging order granted.. and so the cycle starts again!
it's exhausting..

[The Tech Clerk]

Lloyds Banking Group are the owners. Charlie Nunn CEO

Website	https://www.lloydsbank.com/
Social Media
Postal Address	25 Gresham Street, London EC2V 7HN
Company Number

[Timewilltell]

Interesting?
https://register.fca.org.uk/s/search...type=Companies

https://www.ceoemail.com/index.php type in search Birmingham Midshires
interesting reading.??

[Timewilltell]

I think I would be inclined to write a stern letter to the ceo and explain that if they fail to adhere to the ruling as per court charge/ccj then you will be exposing their appalling behaviour in the media.

[Bluemonday3]

So further letter from Birmingham Midshires re the unsecured (now secured )loan attached to my mortgage, advising of arrears as per the Consumer credit act even though the FOS say it isn't !
I am at a loss with this.. arrears increasing due to being linked with BOE interest hike! They still want an arrangement in place even though the court set one in 2010 but they said that is on top of the contractual payment.. which no longer exists..

[Bluemonday3]

Birmingham Midshires-Unsecured loan taken out with mortgage in 2008 £26,250
DMP entered Sept 2007-advised to make minimal payment by Stepchange.
Default date-I am not sure
CCJ obtained 7/5/2010-£27,416.61-ordered to make payment of £41.54 (payment amount I was making through stepchange)

Charging order obtained -27/09/2010 £28,204.37 + £224.50 costs- Apparently this was a 'hybrid' CCJ which allowed a charging order to be obtained even though I never missed a payment!


2012- I took the payments outside of step change DMP as the debt was just accruing-maintained the monthly expected payment plus a few £ extra a month to the arrears.

No issues for several years as I started to make the expected payment (I have been advised by NDL that the contractual payment no longer exists following the CCJ though BM do not understand this!)

Sept 2021-BM changed their banking process for payments, I was currently paying separate standing orders, one to the mortgage(never been in arrears) one to the loan.
They requested one payment- I raised concerns over how they would apportion this and then the harassment started all over again as they seem to forget the history if this account.

November 2021-BM posted the loan back on my credit file even though this fell off 2016/2017- Complaint ensued this was removed, not before one of my credit accounts reduced though (I know I don't use it but it's the principle!)

Aug 22- complaint of harassment and unfair treatment made to FOS.

Oct 22- Arrears notice- balance £16,984.67 and arrears £2093.87
They are sending me these as per the CCA 1974, which the FOS say does not apply to this account anymore following the CCJ/Charging order

Oct 22- FOS stated they have no jurisdiction over the account as no longer covered by the CCA 1974 due to the CCJ / charging order.