Wright Hassall chasing debt from 5 years ago

riskaverse111

Hi all, 

My dad recently received a letter from Wright Hassall about a balance of £5,368 owed to Cabot Financial. Although my dad wasn't very responsible with his credit, I don't recall him incurring this kind of debt so I was minded to request more information on this. However, when I logged in to the WH portal, it showed that the last payment was made online on 2/10/2019. Does this count as a statute barred debt? 

I'd be very grateful for any advice - can we say it's a statute barred debt? should we request information on what the debt even relates to? 

Many thanks in advance for your time 

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Keep_pedalling

Does your father live in Scotland? If not it is still within 6 years so not statute barred.

riskaverse111

@Keep_pedalling thank you, he lives in England. So since it's not statute barred, and if I ascertain the debt is correct/owed by him, what would be the consequences of non payment?
 

Keep_pedalling

riskaverse111 said:

@Keep_pedalling thank you, he lives in England. So since it's not statute barred, and if I ascertain the debt is correct/owed by him, what would be the consequences of non payment?
 

Is your father the sole owner of the property the charging order is on?

I have asked the mods to move this thread to the debt free wannabe board where you should get more knowledgable help. 

riskaverse111

Keep_pedalling said:

riskaverse111 said:

@Keep_pedalling thank you, he lives in England. So since it's not statute barred, and if I ascertain the debt is correct/owed by him, what would be the consequences of non payment?
 

Is your father the sole owner of the property the charging order is on?

I have asked the mods to move this thread to the debt free wannabe board where you should get more knowledgable help. 

Thank you, appreciated! He is the joint owner along with my mum.

fatbelly

Read the letter.

It says they got a ccj within the 6 years and then obtained a charging order.

He should check the Land Registry title register to see what is there. It will cost £3 for a check

https://www.gov.uk/search-property-information-land-registry

Do not use any other link

If nothing is there, ignore Cabot

If what they say is true it should appear as a restriction, assuming this is a solely owned debt on a jointly owned property. There may be others.

sourcrates

"Wright Hassall" brilliant name for a solicitor that deals with bad debts.

OP, you missed the two most important snippets of information, "CCJ" and "Charging order".

If its there, and shows as a restriction, Cabot can`t do much to be honest, except getting these bozo`s to keep writing to him, what is your dad`s financial position, what`s his take on it?

riskaverse111

(25.03.2014) RESTRICTION: No disposition of the registered estate, other than a disposition by the proprietor of any registered charge registered before the entry of this restriction, is to be registered without a certificate signed by the applicant for registration or their conveyancer that written notice of the disposition was given to Cabot Financial (UK) Limited at 1 Kings Hill Avenue, Kings Hill, West Malling, ME19 4UA and Care of Wright Hassall LLP, Olympus Avenue,

Leamington Spa, Warwickshire, CV34 6BF, being the person with the benefit of an interim charging order on the beneficial interest of XXX made by the Romford County Court on 13 March 2014. 

@fatbelly can you correct me if I'm wrong, but does the above basically mean should my parents ever want to sell the property, they would need to clear the debt first. Would this also be true if they wanted to transfer the property to a child/ family member in their will, or would the charges simply carry along?

@sourcratesthey've indeed lived up to their name... my dad's blue collar, worked his whole life for his family (including incurring debt because he was naive / financially illiterate) so my siblings and I told him to take it easy, we'll sort out the debt for him. We've been doing an alright job so far (various payment plans, wiping off arrears) etc but then this came out of the blue and I wasn't sure what needed to be done.

It sounds like nothing really needs to be done though? If we don't pay, the charging order would just continue over? There's no way they could take the property then right? 

fatbelly

That's the correct mark. It's called a Form K restriction. It can't transfer to another owner

We have a thread dedicated to these restrictions - Charging Order? The Myth. It's in the sticky threads

riskaverse111

@fatbelly @sourcrates apologies but could I also get your views on the following, whenever you have a moment? It looks like there's another charging order but this one's for a bank which closed its doors in 2015. I've never heard of this one before so will ask my dad when I see him but is there anything I can do to maybe have this removed from the registry? A set aside application, would that work? 

(09.05.2008) RESTRICTION: No disposition of the registered estate is to be registered without a certificate signed by the applicant for registration or his conveyancer that written notice of the disposition was given to Sygma Bank UK at care of Greenhalghs Solicitors, 15 Beech Hall Street, Wigan WN6 7HX being the person with the benefit of an interim charging order on the beneficial interest of XXX made by the Clerkenwell & Shoreditch County Court on 4 April 2008 Claim Number XXX.

fatbelly

It's the same as the other one, except that Sygma no longer exist. Creation took over their debts.

I don't think setaside is realistic