Charging Order monies being chased

loyalroyal50

Hello. Further to my recent posts I have received a reply from MC. They are asking for Dr letters and financial statements. Do I have to provide info re my GP. Do not feel comfortable giving all this personal info. They said all on hold til 22nd April when they will write again for info. Can I just wait for that letter and say nothing has changed. Or can I ask for confirmation that they have informed MBNA (original creditor)  of my situation and what MBNA have instructed. 

sourcrates

loyalroyal50 said:

Hello. Further to my recent posts I have received a reply from MC. They are asking for Dr letters and financial statements. Do I have to provide info re my GP. Do not feel comfortable giving all this personal info. They said all on hold til 22nd April when they will write again for info. Can I just wait for that letter and say nothing has changed. Or can I ask for confirmation that they have informed MBNA (original creditor)  of my situation and what MBNA have instructed. 

Of course you can do as you see fit, its a free country.

You do not have to do anything you are uncomfortable with, however not providing what they ask for will not resolve the issue will it.

loyalroyal50

Yes your right Sourcrates. I have looked at the land registry info and the restriction is care of Optima Legal. Not sure if they are connected to MC and have not had any recent communication from them. Do not remember receiving any notification that this had been passed on. Can that debt be sold on if a restriction is in place. 

sourcrates

loyalroyal50 said:

Yes your right Sourcrates. I have looked at the land registry info and the restriction is care of Optima Legal. Not sure if they are connected to MC and have not had any recent communication from them. Do not remember receiving any notification that this had been passed on. Can that debt be sold on if a restriction is in place. 

Anything is possible, rights get transferred all the time, its entirely at there discretion I guess.

loyalroyal50

Good Morning. Just a bit of and update and need a bit more advice. I sent all the information that MC asked for re vulnerability and a summary of my step change budget. They have written back today wanting signed letter from Step Change if they are acting on my behalf. ( I only completed budget with them) and if not they want a full breakdown of my finances. My budget summary informs them that my income is allocated as expected and there is only £30 left for debts. MC say their client has asked for this. Do they need to know any more. There is the restriction in place. We have limited income. What else can they do. I live with an adult with dementia and the restriction is in my name only. This is getting really stressful now. Any advice please. 

loyalroyal50

Is anyone able to comment on my last post please. 

fatbelly

You can confirm that stepchange are not acting for you.

Is the budget summary anywhere headed Standard Financial Statement?

If so, just point out that you have already sent them a SFS.

I said earlier that your two options are to make some payment or ignore.

If the first option is problematic, take the second

loyalroyal50

This is what I sent (copied below) doesn’t say SFS though.  MC say their client wants full breakdown of all spending so that they can assess my situation as well as offer of payment. Can I ask for their clients policy on making these assessments and affordability or will that rattle them  I can send them the budget breakdown I completed but there is info on there about my credit card (got 0% transfer credit card) not big balance but they gave quite high credit limit  was concerned they may try and force me to pay with this card  

I was trawling through internet and came across info about Order to Obtain  if I don’t send back the MC form could this be possible course of action they would take  

MC are the only people chasing and it just feels so pressured with cost of living ever increasing.  Feel like they have me engaged now and will never stop  

Sorry for long post but as always grateful for advice  

INFO ON STEPCHANGE BUDGET SUMMARY

Based on the information you've provided, we think your budget looks realistic and sustainable. We don't think you need to make any changes to your spending.

You've included spending for all the items we'd expect you to have

The amount you spend is what we'd expect for a household of your size

You have enough income to cover the cost of all of your spending items

Your monthly budget summary

Your income

£1,197.08

Your spending

not including payments towards debts

£1,165.39

Available for your debts

£31.69

AA & advice.stepchange.org

sourcrates

@loyalroyal50

Fatbelly is a CAB advisor, so its not his first rodeo, he does know his stuff.

I know its difficult dealing with things of this nature, but you do not have to jump through every hoop these people throw at you.

Tell them in writing you have provided sufficient details for there client to understand your circumstances and you have made you position crystal clear, then outline what actions you are going to take, and leave it at that.

All this letter tennis is a pointless exercise.

loyalroyal50

Thank you. I will write one last letter stating my position that I am not in a position to offer payment and the matter will be settled upon sale of the property. 

Advice is very much appreciated. Getting a sensible and rational answer when your at your wits end is like a soothing balm and helps put things in perspective.