Charging Order Creditor Dissolved

Jeff_Russell

Hi,

Long story short I had some health issues in 2004, lost my job and defaulted on all my credit.

One creditor sold an unsecured credit card debt to a DCA and the DCA got an interim charging order in 2007.

One payment was made to the DCA and confirmation sought that they had received the payment under the understanding that if details were correct that I would maintain the payments. No such confirmation was ever given so I made no further payment.

Now the current issue
The DCA (whom is still trading) used a subsidiary to register the charging order in 2007 and that subsidiary is listed on the land registry but is now dissolved and has been for several years.

I believe the bona vacantia rules now apply in that the order (and the asset i.e. equity on my home) now belongs to the crown and that the crown needs to be paid to remove the charge, which I accept and will address in due course.

However, I have recently received a letter from Mortimer Clarke (who dont mention the charging order) but refer to the original CCJ from their client (the DCA Parent still trading) that led to said charging order.

As such, Im a little unsure how best to handle the situation.

Questions
1. Can the DCA and Mortimer Clarke issue a second charging order as the CCJ still technically exists, leaving me having to pay two charging orders for the same debt?

2. Should I write to MC stating the facts (with a view to shutting them up) or is there some shady thing they can pull out their sleeves, that I should be prepared for?

If anyone has some advice and/or things to be wary of I would be very grateful!

Thanks in advance
Jeff

sourcrates

Hi,


You need to be asking your question on this thread over on Debt Free Wannabe :

https://forums.moneysavingexpert.com/discussion/1839539/charging-order-the-myth&page=208


The regulars on there are a fairly knowledgeable bunch, and we also have a land registry rep who monitors the thread.