TBI Financial and CCJ I was not aware of

simbamk1

Hi new to forums and appreciate advise.

2009 I lost my job and and in middle of renovating jointly owned house with my now wife. As we could not finish it and ran up arrears we moved out and into rented accommodation to hand back keys before it was repossessed.

I instructed them in writing to repossess voluntarily and we continued to rent for 8 years until back on our feet. We have purchased another house and within 18months this company TBI financial began writing to me. I followed the 3 letter process and on the last letter had no response. About 5 months later I receive an interim charging order, I was not aware a CCJ had been awarded for repossession back in early 2010 as I had voluntarily repossessed (or so I thought).

Interim charging order was awarded and I went to hearing first week of January 2018 to try and fight my case. District judge was no very nice at all and stated I needed to apply to have original judgement set aside.

TBI are using a legal firm called Rippon and Patchell and I have advised them there is no equity at all in property and no because of the charging order I am innegative equity. I made a cheeky offer of £2k in full and final settlement and they came back asking for 12k which is 50% of the £24k being claimed.

Documents produced in the 3 letter process included a deed of confirmation of assignment where they took on all of Webb Resolutions debt accounts in the form of a CD and a second page which TBI have nots my agreement number.

No agreement has been provided yet when challenging the Solicitors they make reference to a legally binding agreement for the shortfall. They have not produced any agreement or mortgage documents.

The only mortgage document they have produced was an “application form” for the mortgage introducer that my wife actually worked for at the time. No mortgage offer or contract and they state it is not covered under CCA.

The first I ever saw of the CCJ for possession with a money order attached was 8 years after when TBI wrote to me and sent me a copy. The mortgage statement they have given is on non headed paper basically just plain paper with amounts on it.

The interim charging order was a form K restriction as I am sole owner as wife’s name not on mortgage. I have had the final charging order through the post last week.

My question is will I be successful if I pay £255 to have this set aside and revert back to claim stage and would they be able to apply again to courts and then in turn I am stung with a CCJ? My credit is clear now and I have worked hard to get back on feet. We were getting house ready to sell in the summer to move and now we are trapped. We bought it to do up and gain a little equity to put down on a nicer house and now all the equity is gone due to charging order. House is worth 85k mortgage is 74k and we have now got a £24k 3rd charge (7k is a secured loan over 5 years which I was going to pay in full with a bonus and my pay this year, but now I am nervous to do so as it would mean more equity).

They have produced old email and screenshots of Webb’s customer account contacts and etc. Which don’t really show anything.

Many thanks

sourcrates

Hi,

As a CCJ and charging order, have already been granted, they are under no obligation to provide you with further documents, as legal action has already been taken.

You really did yourself no favors by using the 3 letter process, 95% of whats in those letters is complete and utter rubbish, you only need to send a "provit" letter to them to obtain proof of liability.

A setaside application now, after 8 years, is 100% likely to fail, too much time has passed, and you also need a good reason to have it granted.

Even if you were to be successful, all that would happen is that you would be back to the pre-litigation stage again, but that's a massive "if".

simbamk1

Hi thanks for reply.

Followed some advice on another forum for the 3 letter process. The fact that I was never aware of the CCJ and was never notified of it is enough grounds for it to be set aside surely?

I had moved out of property before it was repossessed and they were made aware of this.

I was heartened by the fact that they cannot produce a legally binding agreeement stating that I am liable for any sums which would be asked for when it revert backs to claim stage. Is my thought.

There is no equity and the district judge said a forced sale won’t be allowed if there is no equity. Rippon Patchell also we’re prepared to reduce by 50% but I don’t have the money to pay £12k. I have written proof that I instructed a voluntary repossession so a CCJ should not have been obtained for a possession order in first place. They are stating they never received their form back yet supplied me with a copy of the email/ letter I sent Webb clearly instructing a VP.

If I did win and have it set aside can they prove I owe them money with the bulk CD (compact disc) of account names, numbers and balances that they had bought. Supported by a mortgage application form ?

sourcrates wrote: »

Hi,

As a CCJ and charging order, have already been granted, they are under no obligation to provide you with further documents, as legal action has already been taken.

You really did yourself no favors by using the 3 letter process, 95% of whats in those letters is complete and utter rubbish, you only need to send a "provit" letter to them to obtain proof of liability.

A setaside application now, after 8 years, is 100% likely to fail, too much time has passed, and you also need a good reason to have it granted.

Even if you were to be successful, all that would happen is that you would be back to the pre-litigation stage again, but that's a massive "if".

sourcrates

Have they actually stated they don't hold an agreement ?

Because, as i said, they don't have to produce it to you now legal action has been taken, but they would if your setaside was successful, and they wanted to go again.

With the time that has passed, its a real long-shot to be honest, normally you have to apply for a setaside promptly, i doubt the court would regard 8 years as been prompt.

In the end its down to you really, if you want to risk £255.00.

simbamk1

Issue is I can reply to something promptly if I didn’t know it existed. They waited nearly 8 years till I was back on my feet before striking.

They have referred to a legally binding agreement for the shortfall. But as yet have not produced one. Only thing they have produced is the mortgage application form from 2007 which my wife actually wrote as she worked for them at time. It states on it that it is not a valid document unless initialled and dated by both applicants. No mention of mortgage company name as it was a broker generic form sent to the packagers before sending application to lender.

simbamk1

There is no agreement with the associated terms and conditions of the legally binding document signed by both my wife and I.

sourcrates

ok, you have a lot of different issues going on here.

First, they have obtained judgement against you, but more than 6 years has elapsed without further enforcement action been taken.

So in order to enforce this judgement, they would need to go back to court and obtain permission to do so, the court may say 6 years is sufficient time to do so, and may not allow it.

Then you have the no agreement issue, plus the set aside, which, by the way, I dont thing would be granted after all this time.

Then there is the charging order to deal with, I would get some expert advice if I were you, as there are a number of variables that could apply.

simbamk1

Thanks for your advice I will get in touch with various organisations to obtain advice