Need some help please

AMBERSHADOW

Hi all..

I am not sure whether anyone remember's me from last year regarding a debt which we knew nothing about regards HSBC BANK..

Was advised to send cca to Carbot which we did but they then informed us it was a chargin order so for use to pursue this we needed a SAR which we applied for but got nothing uptill now and to be honest forgot..all about it.

It now seems it's been passed on again to FV 1 and their Solicitors Drydens who are now threatening my hubby with house selling...

The order was a restriction as I own half the house too...

I am not sure really how to proceed with this.. if anyone can help with regards sending them a reply

Thank you

Hannah_10

So the orders and the original debt are soley in his name?

And how long (sorry to make you count the weeks) did they take to respond to the SAR?

Did Drydens put that threat of a house sale in writing? If so can you quote the exact phrase please? I smell something fishy.

AMBERSHADOW

The original debt was with carbot about 8 year's ago we knew nothing about it till all of a sudden they wanted money.. we had no court papers for either the debt or the charging order, I was advised here to ask for cca and a sar so we could take back to court and wipe Sorry I can't remember what you call it..

No sar received and was told cca was no longer applicable

We did this in 2009 and I forgot all about it now it's been passed to another firm and their bods.. to get money offering him 25% off if he pays now... I know they only have restriction not full charging order as this is not my debt and it's his name only

Yes its in writing something with

application to the court pursuant to part 8 of the civil procedure rules

Hannah_10

8 years old and never a penny has been paid because it's not even his debt in the first place? Is that right?

Someone will be along soon with more technical knowledge than I but from what I understand so far, this is statute barred. That means you don't actually have to pay it on the grounds of how old it is. Which is why they are offering you a settlement figure of just 25%, as they know it too. Cheeky ******'s! Even if it isn't SB (which would only really be the case if you had made a payment against it in the last 6 years, 5 in Scotland) it's officially in dispute, until they can supply proof (which they wont be able to if it wasn't even his to start with) they can't enforce it.

he best thing that could happen to you now is that they take you to court, a nice fast judgement (which'll be going in your favour unless I have made a grave error of understanding here) and it's all over. If they don't take you to court (which is the predictably obvious outcome) then you need to send them a letter which says get lost it's statute barred or a letter that says get lost, that's not proof and you know it. I expect we have template letters for both eventualities. If we do they'll likely be on here: https://forums.moneysavingexpert.com/discussion/963087

AMBERSHADOW

They can enforce as it's a court order we knew nothing about and now has a charginng order.. also know nothing about until I asked for a cca then a sar which was never sent by Carbot..

if the court order wasn't there then yes it's statue barred..

AMBERSHADOW

Ok I am now linking all the threads regarding this here is the first post and here


I am most positive they can't sell my home if I don't owe the money

Hannah_10

God yes, you did say that too didn't you. That's my mistake then. I had a feeling something wasn't right which is why I said about a possible failure of understanding, there it was right at the outset, I had not taken that in. My appologies.

Culex

AMBERSHADOW wrote: »

Ok I am now linking all the threads regarding this here is the first post and here

Did Cabot comply with your SAR and, if they did, was it within the statutory period of 40 days?

Did you apply to the court to get the judgement set aside on grounds of non-service of the claim and, if not, why not?

AMBERSHADOW

I didn't receive a SAR so couldn't apply to have set aside as I had no information.. But what is worring me now is they have resold which we didn't know until today to FV1 and they are now saying they will make my husband sell the house

But I am on the mortgage and I don't own the debt..

AMBERSHADOW

Just bumping for more info

Culex

Get thee to a lawyer!