Global Substitution Order

elfet

This situation with these GSOs must be sorted! I have just contacted the court service and they inform me that the CCJ we have, still has the name of the original claimant so here's a scenario we start to pay Crapbot we sell our property Crapbot say they are the claimant on the charging order but the the CCJ and land registry still have HSBC as claimant. This seems like the DCA is skating close to what is legal and its very lazy done on the cheap legal practice.

LoopyLM

I too have all the same correspondence from MCS regarding an unsecured debt and overdraft from a few years ago that HSBC applies for the CCJs whilst my debt advisor was actually negotiating a monthly repayment plan for. What I did find interesting was that MCS and Cabot Financial have mutual Directors so both LTD businesses are connected. It would be interesting to know just how many of us there are in this situation and see if we could all, as one, seek legal advice for what appears to be a very grey area?
Anyone interested in progressing this? So far, I have not acted on any of the correspondence from MCS.

AMBERSHADOW

elfet wrote: »

This situation with these GSOs must be sorted! I have just contacted the court service and they inform me that the CCJ we have, still has the name of the original claimant so here's a scenario we start to pay Crapbot we sell our property Crapbot say they are the claimant on the charging order but the the CCJ and land registry still have HSBC as claimant. This seems like the DCA is skating close to what is legal and its very lazy done on the cheap legal practice.

Mine is also a CCJ which is now 10 years old also in HSBC..


I am most positive they stuck a charge on our property .. But wil have to check,,


So the way I look at it is HSBC has charge we pay Cabot then when we sell HSBC take another cut

elfet

I agree with all of the above I would be very interested in getting some legal advise. Here's a potted history of our case. Original judgement claimant (HSBC) sold the debt and informed us they had no further interest in the matter and that, as far as they were concerned the debt had been satisfied and they would inform credit agencies.

We then tasked Cabot to supply proof of their legal right to collect this debt by way of a change of claimant notified to us from local county court we then received one of these GSOs
This situation with these GSOs must be sorted!
I contacted the court service and they inform me that the CCJ we have, still has the name of HSBC. Incidentally the chap I spoke to at the court service had never heard of these Global Substitution Orders. So here's a scenario
we start to pay Crapbot, we sell our property, Crapbot say they are the claimant on the charging order
but the CCJ and land registry still have HSBC as claimant.
This seems like the DCA is skating close to what is legal and its very lazy, done on the cheap legal practice.

elfet

Sorry seems I am repeating myself!!

elfet

Just found this, isn't it about time these people were stopped, it seems the law is always on their side and they pray on the vulnerable which seems to be most everyone these days. It appears that the Global Substitution Order can be used on debts as well as mortgages.

On the transfer of any mortgage which is subject to litigation, the Civil Procedure Rules (CPR) require an application to deal with the substitution of the new charge holder as claimant in each ongoing action. Traditionally, this would involve applications being made in every case, creating a major headache for lenders, administrators and their advisers having to deal with large volumes of legal proceedings within a portfolio.

The GSO is a single application for a single order. The order substitutes the buying party as claimant in multiple cases at once by reference to an annexed schedule.

On that basis, and given that it is a discrete application, it can be prepared by solicitors on a fixed-fee basis and a single court fee of £45 is payable. The cost saving in terms of court fees alone for a thousand cases is therefore the best part of £45,000, leaving aside the much more significant solicitors!!!8217; fees which would be generated by those thousand applications.

elfet

I am still fighting Global and Mortimer Clarke over the sale of our CCJ. their latest is the threat of an attachment of earnings, this will be interesting as I am a pensioner. Also interestingly on The Department of Justice web site I can find no reference to a Global Substitution Order.
Anyone seen any progress yet?

elfet

Anyone replying???

mollie12345

Hi

I have just received a gso are they legal my dept goes back over 7 years my credit is now good what happens now I’m not sure .

On the court certificate that looks a fake one by the way it doesn’t even have my name on it

Any advice please thanks

WhenIam64

@mollie12345

This thread is over 18 months old so may be of little use to you apart from the fact that National Debtline seemed to know about GSO's. Why not call them.

If anyone is following this thread then the relevant case to read is

Madison CF (UK (t/a 118118 Money) v Various [2018] EWHC 2786

Madison used a GSO to vary 371 judgments some of which (almost all) were default judgments. The peculiarity of the case was that many of the judgments were based on flawed CCAs but even though based on flawed CCAs, the CCJ was final.

https://www.33bedfordrow.co.uk/insights/articles/finality-of-judgment-in-default-and-judgment-on-admissions-on-judgment-creditors-application

Just goes to show the prime rule is always "ask for the CCA, first".