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Charge on the property

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Hi, and thanks for the advice in advance.

I have just been speaking to a creditor, Allied International Credit Uk on behalf of The Royal Bank of Scotland. I phoned them to tell them I was talking to cccs and would be making a payment and be in touch again once I had received some advice from cccs.

Allied responded with (in summary) we dont care, we are seeking a charge on your property with 10% interest per year added to the charge, we dont believe you will make payments and wont be accepting an offer from cccs. This is only the second time I have spoken to them, although I would accept I have been avoiding them for some time.

I have still sent a token payment direct to RBS, but, what worries me is the charge against my home. Can they do this without a court judgement and can they get a judgement without me knowing?

Thanks again

Comments

  • No, they can't. They have to go to court first. AIC (Allied International Credit) are a well known company of debt collectors who have a string of complaints about their tactics against them.

    Write to the RBS stating that you do not wish to deal with this DCA due to their lying and bullying attitude, and can you deal direct. Inform the CCCS as well, when you do speak to them.
  • Conor_3
    Conor_3 Posts: 6,944 Forumite
    Allied responded with (in summary) we dont care, we are seeking a charge on your property with 10% interest per year added to the charge, we dont believe you will make payments and wont be accepting an offer from cccs. This is only the second time I have spoken to them, although I would accept I have been avoiding them for some time.

    I have still sent a token payment direct to RBS, but, what worries me is the charge against my home. Can they do this without a court judgement and can they get a judgement without me knowing?

    Thanks again

    They can't get a judgement without you knowing but they can make the court appearance at the other end of the country and if you don;t show, they win.

    When I was in debt and a company, HSC, said exactly the same to me, I told them that if that was their attitude that I would declare bankrupt as I had nothing to lose. They thought I was kidding until the OR contacted them.
  • Xbigman
    Xbigman Posts: 3,915 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Deal with them and make payments as agreed. If you have been avoiding them they won't trust you so you need to build up some trust, which will stand you in good stead when it gets to court.

    First they must get a CCJ. When the paperwork comes through tell CCCS about it but you yourself go to court and object to it. You can get the hearing moved to a local court to make it easier to attend. The CCJ will probably go through but you need to be there to object to anything they say you don't agree with (like you never contacted them when you did) and to object to any talk of future charging orders.
    If you leave it to CCCS they will just let it go through, which I feel is a bad move. You need to go and fight it. If nothing else it will teach you all you need to know for future court battles and allow you to talk to these people about their court threats with some authority.
    Regards



    X
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  • AIC are known for making empty threats. And they are unlikely to have the power to litigate without the say-so of the RBS.

    You really should SPEAK to the RBS about it. Soon.
  • In most cases (certainly RBS's) they instruct the agent to litigate on their behalf. It is possible they wont take you to court but I would take xbigmans advice and start talking to them to try and prevent further action.

    All this posturing about not dealing with them is all very well but what will that help you to achieve with this debt ?
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