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  • #1

    CO SOLD TO DCA AFTER 6 YEARS OF NO CONTACT.

    Hi, everybody. had a final charging order on my property (property is in joint names/co in mine only) over 6 years ago. i was never contacted after the co was given until recently. like others on here i just wanted to check the legality of the dca being able to enforce the co ? or even ask for payments.
    i havnt paid anything yet,
    any advice would be greatly appreciated.
    thanks
    Tags: act, action, advice, andrew, bank, ccj, claim, claims, co ue, con, consumer, court, creditors, dca, dca's, debt, debt purchaser, debts, enforcement, fee, hmrc, house, interest, job, joint names, legal, legislation, life, loan, money, mortgage, niddy, order, problems, property, security, statute barred, wife, yorkshire, yorkshire bank
  • #2
    Re: CO SOLD TO DCA AFTER 6 YEARS OF NO CONTACT.

    Someone will correct me if im wrong, but a CO is different to a CCJ, because its an order to be paid if your house is ever sold. So in theory they don't need to ask for payment, as that will be done if you sell your house. CO don't go SB
    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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    • #3
      Re: CO SOLD TO DCA AFTER 6 YEARS OF NO CONTACT.

      thanks, i did think that but what right do the dca have to buy and try to collect on this debt when their name is not on co ??

      Comment

      • #4
        Re: CO SOLD TO DCA AFTER 6 YEARS OF NO CONTACT.

        Well that, as you said in your first post, has been up for debate many times, personally, I don't know. But I would imagine that as the OC have the right to sell debts, they also have the right to sell CO's

        However, that being said, you would think that it would mean the new owners would need to repetition the court. Its a tricky one. I think Niddy would have some views on the subject, hopefully he will pop buy and answer.
        I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

        If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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        • #5
          Re: CO SOLD TO DCA AFTER 6 YEARS OF NO CONTACT.

          ok thanks for your reply.
          il post again tomorrow.
          i have trouble sleeping if i think about these debts to much so i try to stop thinking about them at least 2 hours before i go to bed.
          thanks again

          Comment

          • #6
            Re: CO SOLD TO DCA AFTER 6 YEARS OF NO CONTACT.

            My pennyworth on this.

            Think you need to look at a house that is in joint names and the debt is yours. Therefore unless I completely misunderstood it then the CO isnt a CO at all but a restriction. And think a poster called Julian has had some success not paying off the restriction when selling the house.

            There is a thread somewhere on here.

            As to the point about selling a debt with a charging order attached to it. Seen the question asked many times on forums where the new owner does nothing to change over the CO (apply to the court and pay a fee) Dont seem right as we have one just like you where we owe the OC nothing but they hold a charge on the house..

            I have only ever seen one poster ever own up to challenging the new owners right to use the CO as security. They said despite what everyone advised him on forums it was a disaster as when it got to court (cant recall why) the judge just allowed the new owner to pay the fee and substitute themselves on it and then landed the poster with the costs and the CO and I think it was something like yours where no action was being undertaken. Because he had rattled the creditors cage he ended up in a repayment shedule to boot. He was quite bitter about it all.

            So basically I think they can sell these things on. They dont substitute themseleves cos it costs money but in the full knowledge if some consumer kicked off challenging it then they would just trot off to the court and pay the money.

            Comment

            • #7
              Re: CO SOLD TO DCA AFTER 6 YEARS OF NO CONTACT.

              Originally posted by unclebobbybee View Post
              i have trouble sleeping if i think about these debts to much
              If the new owner of your debt wanted to enforce it they would have to go back to court to get permission if 6 years have gone by since you last paid anything towards it. They would have to get themselves substituted on the CCJ and then explain to the DJ why they (or their predecessor) hadn't made efforts to collect it before since you clearly haven't moved house following the CCJ/CO.

              I believe the only enforcement open to them would be to apply for an Order For Sale which they won't get because the house is in joint names.

              You've no need to have sleepless nights over this debt or any others. Let us know the rest and we'll see if we can help with those too. Life is too short to worry about debts. I've got 23 creditors and and they don't keep me awake at night.


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              • #8
                Re: CO SOLD TO DCA AFTER 6 YEARS OF NO CONTACT.

                hi, everyone and thanks for your replys.
                i have 2 CO's and am paying 1 of them off through a dca that got in touch not long after the CO was given by the court.
                the other 1 is the 1 that didnt contact me for years then sold to a dca.
                my wife and i had separated at the time of the ccj's and then the co's and i told her i would sort them and to my shame i never did. i just let them do whatever they wanted because at the time i had no job, plus health problems (stress related) and couldnt think things could get any worse. i have 1 tomlin order that im also paying. plus about 3 other dca's.
                just thought i'd let you all know my situation.

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                • #9
                  Re: CO SOLD TO DCA AFTER 6 YEARS OF NO CONTACT.

                  I'm going to ask andrew to pop in and give his thoughts here......
                  I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                  If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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                  • #10
                    Re: CO SOLD TO DCA AFTER 6 YEARS OF NO CONTACT.

                    Originally posted by Never-In-Doubt View Post
                    I'm going to ask andrew to pop in and give his thoughts here......
                    whos andrew ?

                    Comment

                    • #11
                      Re: CO SOLD TO DCA AFTER 6 YEARS OF NO CONTACT.

                      Originally posted by unclebobbybee View Post
                      my wife and i had separated at the time of the ccj's and then the co's and i told her i would sort them and to my shame i never did..
                      Shame? What shame? Don't be so silly. I think you were protecting your ex-wife from the nastiness of all this money stuff. I wish my ex-husband had had your attitude. He left me with £250,000 of debt secured on my home (which I bought before I even met him) and hasn't been seen since

                      Comment

                      • #12
                        Re: CO SOLD TO DCA AFTER 6 YEARS OF NO CONTACT.

                        Originally posted by unclebobbybee View Post
                        whos andrew ?
                        Andrew is AAD's preferred solicitor who helps on the forum

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                        • #13
                          Re: CO SOLD TO DCA AFTER 6 YEARS OF NO CONTACT.

                          oops i forgot 1 !!
                          hmrc want an 8k overpayment too, it was 13k.
                          took it to an independent review and basically they got 5k off the amount.

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                          • #14
                            Re: CO SOLD TO DCA AFTER 6 YEARS OF NO CONTACT.

                            Originally posted by PlanB View Post
                            Andrew is AAD's preferred solicitor who helps on the forum
                            oh, ok

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                            • #15
                              Re: CO SOLD TO DCA AFTER 6 YEARS OF NO CONTACT.

                              unfortunately theres not much we can do about HMRC debt, take the 5k reduction from the review as the victory.
                              I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                              If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                              Comment

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