Charging Order monies being chased

fatbelly

The Consumer Credit Act? Yes 1974 I think, amended 2006.

If you talk to MC you'll realise how dim they actually are.

loyalroyal50

As I feel dealing with this. 

EssexHebridean

loyalroyal50 said:

As I feel dealing with this. 

The difference is, they are supposed to know what they can and can’t do, whereas you are not! It’s not dim not knowing something that you’ve never had explained before! 

Land_Registry

loyalroyal50 said:

Hello. This is my first post and hopefully I am in the right place. 

I had two charging orders (land registry search says Interim Orders) in 2010. These followed on from ccj for credit card debt which I buried my head in sand about at the time. House is jointly owned but debt in my name only. Have had no contact regarding this until recently when I started to receive letters from Mortimer Clarke who say they are acting on behalf of their client. Not sure who client is as they didn’t say but assume it is related to charging order as they mentioned this in letters. They are asking asking for payment of outstanding debt. Again buried head in sand but now they have stated they will ask Marstons to visit to put me back in touch with them as I did not respond. Have researched Marstons who are high court enforcers. 

I know I should have dealt with this a long time ago but personal circumstances have changed as had to give up work due to severe health issues and now on benefits and husband diagnosed with dementia. He is unaware of debt issues so dealing with this on my own. He is 78 and very vulnerable now. 

I am not sure what to do next but want to try and deal with this as it’s very stressful and impacting on my health. 

You may find MSE thread Charging order - the myth of interest/help re your circumstances 
https://forums.moneysavingexpert.com/discussion/1839539/charging-order-the-myth

loyalroyal50

Good morning. I have put together this letter. Would something like this be ok to send. 

VULNERABLE PERSON NOTICE

Your Ref.

DATE

Dear 

RE : ____________________

VULNERABLE PERSON NOTICE 

You say you are contacting me on behalf of your clients and your most recent latter stated that they have instructed you to ask Marstons to visit my home and they will put us back in touch with you.                                                           I am writing to inform you that I am classed as vulnerable according to paragraph 77 of the Taking Control of Goods: National Standards 2014, I am classed a vulnerable for the following reasons:

I suffer from heart failure and kidney failure. I am diabetic and the conditions mentioned are as a result of diabetes. I suffered renal sepsis in 2020 which resulted in a complete shutdown of my organs and resulted in hospitalisation for 3 weeks undergoing treatment. The result of this left me unable to return to work and with severe mobility issues. My kidney condition will not improve and will even lead to dialysis. My conditions are managed by medication, which keeps me stable,and regular 3 monthly reviews by the relevant medical professionals.                                

I live with my husband who is 78 and diagnosed with dementia. He takes medication to slow the progression of this disease. He becomes very confused and has limited.                                                     We are considered vulnerable due to age, illness and disability. Our only source of income is benefits and pension. This is a very limited income and I am not in a position to make any offer of payment. The debt is secured on the property and due to be paid upon sale of the house. 

This letter serves to notify the Creditor that I am a vulnerable debtor and I am placing the creditor on notice in accordance with paragraph 30 of the Taking Control of Goods: National Standards 2014 and Paragraph 16 says the original creditor SHOULD be prepared to take control of the case.

In view of the above please DO NOT PASS ME ON TO YOUR WELFARE DEPARTMENT as you have now been informed that I am vulnerable and should return the debt to the original Creditor.

I do not anticipate any change in circumstances in the foreseeable future and should be grateful if you would acknowledge this situation.

Any further enforcement action will be classed as harassment. Please advise me of your clients details so that I can send them a copy of this letter so that both are aware of my vulnerability and as a reminder that according to Paragraph 7 of the Taking Control of Goods: National Standards 2014 you are responsible for any enforcement agents acting on your behalf.

Please confirm that all enforcement action against me has now ceased and that my account will be passed back to your clients. 

Your sincerely

[YOUR NAME]

fatbelly

A useful article here

http://bailiffadviceonline.co.uk/latest-news/bailiff-enforcement-and-vulnerability

You could also say

I also refer you to Section 141 of the Consumer Credit Act 1974, which states:

(1)In England and Wales the county court shall have jurisdiction to hear and determine—

(a)any action by the creditor or owner to enforce a regulated agreement or any security relating to it;

(b)any action to enforce any linked transaction against the debtor or hirer or his relative,

and such an action shall not be brought in any other court.

(2) Where an action or application is brought in the High Court which, by virtue of this Act, ought to have been brought in the county court it shall not be treated as improperly brought, but shall be transferred to the county court.

loyalroyal50

Thank you very much for reading. I have had a read of the article that have been highlighted. I will add the paragraph that fat belly has mentioned. 

loyalroyal50

I I have completed my letter with the extra information added. Should I email Mortimer Clarke and follow up with a hard copy or just send a copy in post as a signed for delivery. 

sourcrates

loyalroyal50 said:

I I have completed my letter with the extra information added. Should I email Mortimer Clarke and follow up with a hard copy or just send a copy in post as a signed for delivery. 

You can do both, it takes them a good while to respond to letters or email, might as well cover all your bases.

loyalroyal50

I would like to say thank you for the advice that I have been given over the weekend. Letters have been written and sent and although there may be more problems to come I was able to sleep better for the first time in ages and not spend half the night trawling the internet for answers and information. Please know that your help was very appreciated.