Interim charging orders

Hi, I am after some advice.
I had a car on finance with British credit trust in 2008 and fell into financial hardship where I was unable to keep up with the contractual payments. Not sure when it happened but my debt was sold onto Cabot financial who entered an interim charging order against my property in 2014. Didn’t hear anything from them for years then their solicitors started making threats in 2021/22 until I set up a payment arrangement. 
My question is, can Cabot financial enter a interim charging order against property for car finance from a company who has dissolved? 
If so, is there a way of challenging them now to get it removed and/or reclaim some of the costs? 

Comments

  • fatbelly
    fatbelly Posts: 20,483 Forumite
    Name Dropper First Anniversary First Post Cashback Cashier
    When a debt is bought by another party, they acquire all the rights related to that debt. I think technically they should apply to the courts to transfer the judgement into their name.

    Is the charge at the Land Registry in the name of Cabot? It will cost you £3 to check what exactly is there, which will be £3 well spent.

    What exactly are they threatening?
  • sourcrates
    sourcrates Posts: 28,870 Ambassador
    First Anniversary Name Dropper First Post Photogenic
    edited 20 June 2023 at 7:34PM
    Short answer is yes, as they have done so.

    When debts are sold, the new owner inherits all rights and privileges of the original creditor, the original creditor being dissolved has no bearing on the matter whatsoever.

    A debt is a debt, be it car finance/personal loan/credit card/catalogue account/unpaid phone bill etc etc, all enforcement options are open unless barred by your circumstances.

    Do you own your house jointly with a partner, or outright ?
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