Lloyd’s TSB - SCM Solicitors - Link Financial

Cambridge321

Hi,
Help needed please Back in 2011/2012 I was in a very bad mess with payday loans, Credit Cards etc. I am now nearly debt free but have got Link Financial chasing me for 1 of the last debts. A Lloyd’s TSB Credit Card balance of around £6660. Lloyd’s TSB and SCM solicitors took me to court in 2012 and had a restriction put on my property for if I ever sell the property they are to be notified in writing etc. Link Financial are now chasing me for this in January 2020 and saying they could force the sale of my house if I do not pay. I have offered them 2 partial settlements 1 for 3330 & 1 for 3700 they have rejected both. Just wondering where I stand as they aren’t the company that has the restriction and if I pay them if it will even be removed from my file as it’s a different company? any help would be very appreciated

Galloglass

So you have a Charging Order against a property you own. They can't "force" a sale. They have to ask the court. 
Is there anyone else in the house apart from you e.g. partner and/or children.

Cambridge321

Thank you for responding
yes, me & Partner own it but charging order in the restrictions section only against me. But joint owned property so only against me.

sourcrates

Order for sale not going to happen, as they only have a restriction, I’m assuming they obtained a county court judgement in order to do this, what was the date of the judgement ?
As anything over six years old, they would need the court’s permission to further enforce the judgement, and that may not be forthcoming as six years is normally deemed long enough to enforce your rights,

Cambridge321

28/05/2012 was the date of the restriction. I am trying to look into how I get this removed from the Land Registry as I am finding as I search that SCM are not actually trading anymore and that Lloyd’s TSB have separated from each other. Have nothing in writing from Link saying they would get restriction removed if I pay them. I think I am going to try and visit a solicitor. Thank you very much for your time and responding to me 😊

Cambridge321

Also can link even enforce the judgment if it is not them that got the judgement in the first place. Is it that they would have to apply to the courts for a new one? On my Letter from SCM in July 2012 it states: We are not instructed to enforce the final charging order or seek an Order for sale. Our Client’s security will however, remain in place until such time as the outstanding balance has been repaid. Once the Outstanding balance has been repaid we hold our Client’s instructions to discharge their security at HM Land Registry.

Have never paid Link Financial and worried that if I did they wouldn’t remove the restriction anyway.

fatbelly

Have a look for Charging Orders - The Myth.
There are a couple of posters there that are very knowledgeable - SCM always was a scam - it was a letterhead used by Lloyds to frighten people in the days when everyone did it - until the FCA clamped down on the practice.

Cambridge321

Thank you, have just had Link back on the phone again demanding why I won’t acknowledge they own the debt and just pay them. They were very shocked when I asked to see a copy of the CCA I originally signed and said it would take 8 weeks to get this from Lloyd’s tsb. Asked me why I wanted to see it and was very concerned as to why I have asked for it. I said Was young at the time and have no memory of it so would like to see exactly what it states in terms and conditions. They said I can tell you it will say that Lloyd’s are legally allowed to sell on the debt and that you now owe us the money. She said it was legally transferred to them in 2016. I said but you don’t hold the charge order Lloyd’s SCM do. So how would it be removed. She said it would be there Solicitors contacting Lloyd’s Solicitors to request its removal after full balance paid. I said so you can’t give me a guarantee it would be removed and she said no as that is with Lloyd’s. I said so what’s stopping me going to Lloyd’s direct and she said they wouldn’t even entertain me and would refer me back to them to deal with. I advised her I wanted the CCA sent to my address and a copy of the letter from 2016 stating they now legally own it. They weren’t to impressed. Even said if I was going to offer settlement offer it had to be much better than my previous attempts. Definitely going to a Solicitors as there is no guarantee the restriction would even be removed from Land Registry.