HELP!! Halifax & Sneaky Charging Order,please..?

kendalman

GOOD NEWS UNEXPECTEDLY!!!:j
Thanks folks for all the pointers.

I got my solicitor ( who appears to be a tad "anti-Halifax") to see about asking the Registrar about the Charging Order granted against me.
My original CCJ was NOT a forthwith...and no programme of payments was agreed. Halifax subsequently got the Court to say £150.00 pcm was agreed _WHEN IT WAS NOT!!--and somehow as I never met that --nor was I on formed about it--then Halifax put UMPTEEN bad reports for about 17 consecutive months on my Equifax Credit records. Solicitor showed me-after I paid him £2.00..

In lightning quick time, my solicitor has persuaded the Registrar --whom he must know,surely?--to put a STAY on the Charging Order.
He has ordered Halifax to attend a Court hearing to explain just how they got to this stage and to BRING notification of my being informed about there being a Charging Order.
Apparently they have to notify me FIRST if they are going to court to seek a charging order, and if they cannot produce that..corrctly dated and signed..then he will strike the charging order from the record.
He also is aware of the 17 bad reports on my record placed by the Halifax, based opn theor requirements as to onthly payments from a bloke on the dole with a family of four..!!
mebbe I am on to a result here.
The solicitor told me he has also mentioned to the Registrar's clerk that I am willing to pay initially £20.00pcm from 1 september, and he says that will be accepoted and Halifax can go stuff.
He also added 4.4 years of my CCJ has elapsed and it will be struck from record in 18 months--ish...is this right??

I gather Halifax have been taking liberties with procedures and have not been crystal clear with County Courts, and apparently Registrars are on the watch for sleight of hand by them.

I gather from my solicitors nod and a wink that perhaps they are in for a slapping..using charging orders and not doing the paperwork correctly.
There is a cult of reward for Hlifax/BOS staff to "get results" for a bonus, and some are very slick in 1.e. neglecting to ensure notification is sent PRE charging order requests to courts, thus ensuring they get their money once property sells.
There is a scheme of " Case Ownership" in BOS/HALIFAX on debts, with apparently up to 5% -10% of monies recovered being paid once money is paid.
( He added "This is the new game in town in Banks after the debacle of PPI insurance)

Mebbe--just mebbe--we honest folk have the buggaires over a barrell....I DO HOPE SO!!:T

Sparklyfairy

Sounds like brilliant news! Please keep us updated - it helps to show how underhanded these banks can be & the lengths they'll go to...

Superbiatch

This one has me concerned as I owe them the best part of 16k, but if they have agreed to a DMP payment how likely are they to go for a CCJ and how successful are they likely to be? And then onto a charging order? I have little or no equity at the moment.

Sorry to hijack your thread OP, its just with mentioning Halifax underhand tactics

kendalman

Superbiatch wrote: »

This one has me concerned as I owe them the best part of 16k, but if they have agreed to a DMP payment how likely are they to go for a CCJ and how successful are they likely to be? And then onto a charging order? I have little or no equity at the moment.

Sorry to hijack your thread OP, its just with mentioning Halifax underhand tactics

Perhaps they havent gone for the charging order simply because there is not much equity to cover that debt..so pointless them going down that route.
However, in view of what I was told by my solicitor should you put your house on the market, you might well see an "Unannounced" Charging Order being applied using the methods the buggaires used to get one on my house!!
You need eyes in the back of your head these days!!
Good Luck

RAS

Please would you also read bluebacks helpful thread on charging orders, the myth. If the house is owned jointly, the restriction can often be got round.

kendalman

Hi folks Just had the hearing date fixed. Notification for me to attend and to bring ALL paperwork in relation to Case.... etc etc
It has ben shoe-horned into a blank spce in the diary.I got rung by the County Court clerks office asking me if I could attend at short notice.

YOU BET!!
It appears folk are on hols or Bank staff are on hols so holes appear in Court schedule...and I've got one. Solicitors clerk is very nice when I told her and she said the solicitor would not attend on my behalf as that would cost, but they were prepared to coach me as to procedures and answers.
" Its probably better in Registrars eyes if you are seen to be Joe Soap fighting a big nasty lender on your tod!""
" Here is what to say and importantly What NOT to say or offer!"
With any luck it would not be unheard of if Halifax did not attend or not send a junior solicitor, as it is apparently the only case with their name on the list for that day.
If so, then my brief reckons I wcould win on them not showing up!!

Drops them in the dung with the court as they are being asked to show documents and explain what they did etc etc......
Fongers, toes and all dangly b Wish me luck!!its crossed!!!

topcat9

Hi kendalman,

I can't offer any advice on charging orders but just to say that your thread is the most interesting I have read in a long time - you seem to have managed to somehow maintain a great sense of humour in the face of adversity. I really do wish you the best of luck with your day in court and I look forward to reading your next instalment.

ps Maybe my only useful contribution - just because the debt-collector said he knew you were working through your NI payments doesn't mean it's true. More likely he knows people living nearby or who know you and someone's tipped him off e.g. they've seen you leaving early every morning or you've taken to wearing amber and gold cufflinks to the pub...;)

pps Hope it doesn't sound like I'm making light of your travails - you just seem to be coping so well despite some real challenges.

kendalman

Topcat9--Thanks for use of your support!!

I had a missive from dreaded Halifax today..no mention of charging order..nor mention of court re-hearing dates..just a screed reminding me what a pile of manure I am in their eyes and that "..I repeatedly continue to ignore thier communications regarding the monthly payment agreed ( NOT!!DEFINITELY NOT!!) which they seem to think the Court set up and I had agreed to. No mention of my lower offer--ignored by them....and Oh Yes adding that a further Default Notice has been placed with Credit Agencies in view of my continued non-payment/settlement of the outstandings!!

Nice to now they want to keep in touch!! Sadly, truth is,, they broadcast and assume I receive..but if I broadcast to them, somehow they fail to listen.....Barstewards...

Met a mate in the Kestrel last night who knew of my problem...congratulated me on my now 2 jobs...and asked after Halifax troubles.....told him my good news of the re-hearing..and was chuffed for me!!
Advised me that there is a Halifax /Bank of Scotland call centre not far away, and that they had recently removed all exterior signs as to their presence as apparently one or 2 unhappy former customers jammed their car-park barrier electronically so staff could not leave for 3 hours..nor could next shift get in. Panic and mayhem amongst the bosses!!!
A notice sprayed on an end wall advised them to take the cost of replacing the barrier mechanism out of the bank charges they had taken from former customers. Oddly, the men who replaced the mechanism and new barrier drink in the same pub, and had told my mate it was a £6,000 plus job..and strangely all the cctv cameras went off just before the "damage"...when they went back on EACH one had a label stuck in front of the lens stating that Halifax was a den of thieves and that former customers had now installed other cameras to watch them.....???? Police spent 2 days and found nothing.
Then their site was hacked and pictures sent to Halifax taken on cameras already fitted inside staff laptops!! They are now beside themselves thinking the whole place is hacked.

Marvellous...wish I had been involved.....lets hope they do not show next week and I get my result!!

kendalman

HALLELUJAH!!!!

My case was heard this morning.....Halifax had sent a very junior solicitors clerk to handle umpteen cases inclding charging orders to be in the County Court all morning.
I was 17th on a list of dozens....

I stated my case as briefed by the solicitor, and the Registrar looked very sternly at me...Oh Hell, I thought!!
" Mrxxxxxxx I need to see evidence of each point you allege..please!"

I then begged leave to approach the bench, and laid out 17 documents in chronological order and let him read it through...took him 12/15 minutes...I was shaking like a bloomin' leaf!"

He asked a couple of questions of me , which I answered..but he gave no further pointers to his line of thinking.
Suddenly--he lit into the Halifax solicitors clerk, asking specifically why they had felt it necessary to "invent their own method of circumnavigating judicial procedures with regard to such a serious matter as Charging Orders?"
Solicitors chappie started hemming and hawing and leaping from one foot to the other..until Registrar said " Frankly I was hoping for a simple Yes or a No, rather than a litany of verbal bewilderment that is frankly utter Tosh!""
"Eh Up !" I thought...might be on a winner here.....
" How many more cases have you for me to look at this morning involving Charging orders, Mr xxxx ?" he asked the solicitors guy.

"3 specifically regarding Charging orders, Sir!"

"Well you can take them back"

"I want a full review of every case you have of Charging orders allegedly issued in the geographical areas and post codes covered by this Court. If I find any single one has been executed without a proper and correct paper trail, then I will require my superiors to ask if a National Moratorium is required!"
I will see you and Halfax representativ e from their legal dept in this court in 14 days to settle the matter.
I now overturn any charging order on mr xxxx ( ME!!) 's case, and require you to accept forthwith his offered payment of £20.00 per calendar month, with a repayment review, depending on means, in 12 months."!

I went out of that Court on a cushion of air, and had refreshing pint in a nearby pub!!

This is fantastic news.

Spherical Objects to the Halifax--for pulling a fast one!!!

I thank all on here for the use of their supports!!!

Thanks folks. I have got a bit of my life back!

Tixy

Wow - well done, and what a buzz when you realised the judge was clearly on your side and pi ssed off with halifax and their rubiish!