Can someone tell me what an application to enter an agreed notice is?

Selidie

Hi,

In simple, laymans terms, can someone tell me what this actually is? I have done some googling and looked on the land registry website but alot of the info is legal gobbledy gook.

I have just received a letter from the Land Registry informing me that they have received an application to entr an agreed notice. This has come from a solicitor currently dealing with one of my debts, these are (supposedly) being managed by a debt management company (I made my last payment to that company 1 week ago!).

Apparently, this application was created by an interim charging order of the Uxbridge County Court dated 21 May 2010 (I knew nothing about this and dont recall receiving any notification, should I have?) in favour of the original creditor (Egg Banking Plc).

Any info anyone can give me would be very much appreciated.

Thanks in advance.

DVardysShadow

Yes, you should have received notice, I believe. Not sure of the procedure now, but I think you should enter a holding reply to the LandReg along the lines that you were not invited to the hearing and you are actively investigating. Then seek legal advice.

Selidie

Thanks,

I had been reading on the Land Registry website that I can put in anm objection, which the registry then has to investigate. The application itself can not proceed until that investigation is finished.

What is more annoying is that having just made my final payment to the debt management company, they are in the process of negotiating settlement figures with all the creditors and have been for at least the last month (or so they tell me).

I think, as you say, I will put in a written objection to the Land Registry siting that I was not invited to the court hearing etc. and had no notification that this was even going to happen, then take it from there.

DVardysShadow

OK, looks like the debt management company have let you down. I cannot see how they can possibly take a 'final payment' from you and then negotiate settlement figures. Unless you are expected to pay more or they have been sitting on the money. Your problems run far deeper than the charging order I think and you need urgently to get to the bottom of it - especially your position with your creditors, because something clearly does not sound right - but also what this outfit has done with your money.

As for the court case, have you ever forwarded papers to your DMP co? Or have you moved in the course of your plan? You need to find out what order the court gave - and why it went to Uxbridge, is that your local court or local to your DMP co. It may be that it is not worth challenging the order - but why would it be an 'agreed' order? If you need to, you may have to apply for a re-hearing on the grounds that you were not given access to the first one There is something not right about this.

Selidie

DVardysShadow,

Thanks. I have been having issues with the company on and off for the duration of the contract. The DMP is located in Nottingham and I am in Lincolnshire, so Uxbridge is not local to either of us. There have been problems with the DMP paying creditors and I have had contact numerous times over the course regarding non-payment of agreed terms with the creditors!

I should be getting my fees back from the DMP as they they have failed to pay of the creditors by the 60 month point, this is in their terms and conditions and has been confirmed to me over the phone.

As for the court ruling, I have been at the same address since before I started the debt management process but I had not received any notification of this court ruling prior to the Land Registry writing to me to inform me the application had been submitted (received yesterday), the Land Registry are required to inform me as the property owner.

Even before this occured I was considering taking legal advice regarding the debt managements companies management of my accounts over the last 5 years, in my opinion they have failed to 'manage' them, I have had as more stress / hassle since they took over than I ever had beforehand. I was paying everyone before I just never seemed to get anywhere and money was so tight I decided to go through this process to try and make things easier. Based on the statements they have sent me the debt company is currently sitting on approximately £14k of my money with outstanding debt of approx £18k as of 2 weeks ago when I last spoke to them.

I also believe I may have a CCJ issues against me during the time they have been managing the accounts. I know it sounds strange for me to say I 'think' I have a CCJ, but see this thread for info: https://forums.moneysavingexpert.com/discussion/2519973=

I did have a letter a few weeks ago informing me that court documents were being transfered to Nottingham (my local court), at the time I had no idea what this was about and I was investigating it. However, having had this latest letter from the Land Registry pretty much tells me what those documents were about.

DVardysShadow

Don't know what to advise. But I think if your creditors realised there was 14k sitting there having piled up over the last 5 years, they will not be the least bit happy. Perhaps the CCJ is blowback from that.