Lenders given fast-track to switch your unpaid credit card debt on to your property

[transformer999]

Re: Reform to bankruptcy removes court process for debtor petitions

At first instance the judge had held that Mr
Brandon's defence on this issue could not be
dismissed as "unreal". Further American Express'
argument that the 14 day period in the default
notice ran from the service of the notice as
opposed to the date of the notice could not be
accepted. Mr Brandon had much the better of the
argument on that point. Also if, as a matter of
construction, the default notice did not allow the
minimum statutory period to remedy the breach
then it was (at least) realistically arguable that the
defect could not be overlooked as de minimus.

[roomtobreathe]

Re: Lenders given fast-track to switch your unpaid credit card debt on to your property

Does it make much difference?

We currently have a way for creditors to magically turn unsecured debt into secured debt:

debt -> default -> ccj -> co or as a super bogof deal in my case
debt -> default -> ccj+co

Now we also have a way for creditors to magically turn unsecured debt into secured debt:

debt -> default -> ccj+co

In all cases they can't proceed beyond these points unless you don't maintain the terms of the CCJ. All this seems to do is to make it easier for creditors to apply a little more pressure on unaware debtors with the threat of a CO. Admittedly not good but shouldn't cause anyone any issues. Should it?

As to the requirements for forcing a sale, I don't see that changes, after all was it ever that difficult to get a CO?

Anyways, the raison d'etre for allabout forums just became so much greater!

[snudgerchops]

Re: Lenders given fast-track to switch your unpaid credit card debt on to your property

Oh Dear....

Don't like this at all.

[Never-In-Doubt]

Re: Lenders given fast-track to switch your unpaid credit card debt on to your property

Oh Dear....

Don't like this at all.

Don't worry, we'll just have to try harder to stop the bastards getting a CCJ won't we.... I'm working on it (in a long list of 'to-dos')....

[jen_br]

Re: Lenders given fast-track to switch your unpaid credit card debt on to your property

Not a good situation indeed Will make jobs like Pauls a lot harder !

[Never-In-Doubt]

Re: Lenders given fast-track to switch your unpaid credit card debt on to your property

Will make jobs like Pauls a lot harder !

and hopefully in response, make firms like Paul's more profitable in the process at the banks/DCA's expense.

Lets not forget the simple matter of a £5k debt landing a DCA with £50k costs

Serves em right!

[Enforcer]

Re: Lenders given fast-track to switch your unpaid credit card debt on to your property

I understood that a charging order could not be made if their was a joint mortgage, or joint ownership of a property. And the debt was in only one name. Am I correct?

[Never-In-Doubt]

Re: Lenders given fast-track to switch your unpaid credit card debt on to your property

I understood that a charging order could not be made if their was a joint mortgage, or joint ownership of a property. And the debt was in only one name. Am I correct?

Yes, you must get one CCJ per account holder if it is joint. If the debt is sole but the house is joint then tough - they're snookered

[Never-In-Doubt]

Re: Lenders given fast-track to switch your unpaid credit card debt on to your property

T999 - I deleted your last post as it was a copy/paste from CAG which is not what we want here, we do not trust the data provided by that source.

Please don't copy/paste info - most of us here know what we're on about so copying & pasting random info actually clogs the threads and confuses matters more.

Thanks

[transformer999]

Re: Lenders given fast-track to switch your unpaid credit card debt on to your property

No probs Niddy...it was a copy & paste from the MSE site and not CAG....apologies for confusing the thread....lord knows we don't want anymore confusion on this subject hey

[Never-In-Doubt]

Re: Lenders given fast-track to switch your unpaid credit card debt on to your property

No probs Niddy...it was a copy & paste from the MSE site and not CAG....apologies for confusing the thread....lord knows we don't want anymore confusion on this subject hey

It was consumer wiki which is CAG

[transformer999]

Re: Lenders given fast-track to switch your unpaid credit card debt on to your property

It was consumer wiki which is CAG

...so it is I see....

[Spent2much]

Re: Lenders given fast-track to switch your unpaid credit card debt on to your property

Yes, you must get one CCJ per account holder if it is joint. If the debt is sole but the house is joint then tough - they're snookered

that's good then because the charge on ours is only my husbands debt , also we had a reply from the court and we are applying for a hearing as far as we can see we get the fee waived which is £80 because of our low wages and tax credits, now what the outcome will be who knows, but we will try and get it lowered as much as we can .
I just can't understand why the judge could lower it from £27.77 down to £20.00 a month but he needs a hearing to lower it more ?

[Never-In-Doubt]

Re: Lenders given fast-track to switch your unpaid credit card debt on to your property

that's good then because the charge on ours is only my husbands debt , also we had a reply from the court and we are applying for a hearing as far as we can see we get the fee waived which is £80 because of our low wages and tax credits, now what the outcome will be who knows, but we will try and get it lowered as much as we can .
I just can't understand why the judge could lower it from £27.77 down to £20.00 a month but he needs a hearing to lower it more ?

Sorry, are you saying they have a charge against a joint mortgage/house yet the debt (ccj) is in your husbands sole name - please clarify this for me? Going on the above, that is what you suggest....

[Spent2much]

Re: Lenders given fast-track to switch your unpaid credit card debt on to your property

Sorry, are you saying they have a charge against a joint mortgage/house yet the debt (ccj) is in your husbands sole name - please clarify this for me? Going on the above, that is what you suggest....

correct , the debt is in husband's name only and is a ccj/charge on the house , our mortgage is in joint names.