Suspended Order of Sale question

catsaregreat

Hi Guys,

If anyone could help with this that'd be amazing, I'm in a right state.

I owed MBNA just over 13k originally and ended up not being able to pay and getting a marker put on my house (can't remember what it is called at the moment, when they register an interest in your property basically). Anyhow I was a bit annoyed but thought, ok, if i do ever sell then I can pay back my debt then; and that was that. Or so I thought.

Earlier this year however Arrow Global started sending me letters saying they'd aquired the debt from MBNA and that I owed them about 14k. I ignored them for a while until I saw that they'd gone to court asking for an Order for Sale of my property.

I contacted their solicitors who said it was too late to stop it going to court but that they could apply for a Suspended Order of Sale which would in effect mean that I'd make an agreement with them, and if I broke that agreement they'd still be able to order the sale.

Anyhow the agreement is £1800 per month and they're STILL charging me £3 interest per day on top of that, so I'm financially crippled and may still end up losing my place anyhow as I may fall behind too far on mortgage payments.

I saw that debt documentary on panorama last night and was wondering if I could do the S.A.R - (Subject Access Request) & CCA requests to Arrow Global (and MNBA?) to check that they have everything in order and if not perhaps dispute the claim.

IF perchance they didn't, would I still be too late, having signed and agreed to the Suspended Order of Sale? Would that class as me acknowledging/agreeing to the debt, or could i get this agreement revoked subject to my investigation proving the debt to Arrow Global was not legal?

Also, if i do start asking for the S.A.R - (Subject Access Request) and CCA requests could they get annoyed and force the order for sale anyway (or could they only do that if I broke the payment agreements that I'm making?)

Any help would be really really appreciated in this matter, I now owe more than the original debt of like 5 years ago and I hate it!!

Thanks in advance.

BlondeHeadOn

I am just bumptin this up for you, as it has slipped quite a way down the listings. I hope you get some good and helpful answers soon, sorry I don't know anything about this situation.

Good luck!

RAS

Please can you advise what legal advice you have taken so far?

Abnd ave you spoken to any of the debt charities?

catsaregreat

thanks for your input guys.

i haven't taken any legal advice so far, it all happened so quick that i had to make the agreement for a suspended order for sale that i didn't have time.

anybody else have a rough idea?

catsaregreat

anyone have any ideas??

RAS

Have you spoken to any of the debt charities listed here? http://www.moneysavingexpert.com/loans/debt-help-plan#help

Please ring NDL or CCCS.

shinyhead

Are you in England and Wales or Scotland?

creditcritter

how can you be made sell your house for an unsecured debt .

creditcritter

i have a similar alledged debt mbna now arrow global capital they gave me similar threats via Clarity six months later no cca .

sammy115

I saw this programme a while ago...was this the company that had the people who ran it as wolves and bears and such...It was disgraceful.

It appears that charging orders and orders to sell property are getting quite common. One lady on the programme nearly lost her house because of a sofa.
I don't think its too late to request a CCA - anything has got to be better than losing your house. It is also more important that you pay your mortgage than these people. You do need to take some legal advice. £1,800 a month is a lot of money and I am not sure that they should still be adding interest.

RAS

Hi

It is important to challenge these debts at an early stage, so demand the CCA as soon as the DCa get involved and be prepared to fight them in court. if they do not have the CCa they will still win in court if you do not attend.

i am very concerned that the only legal advice CAG recieved came from the solicitor working for the company trying to screw her for the debt. She is very vunerable and needs proper legal advice urgently.