DCA preventing remortgage

Mooshoo_3

Hi

We have basically been mortgage prisoners for years, but have now hopefully found a way out. 

However in the process of getting my paperwork together for this I checked Land Registry and found some charging orders, four in fact all in my name on a joint owned house. 

1) Knew about, have obtained a settlement letter and can clear if remortgage were to go through and have their undertaking to remove charge if so. 

2) see one 

3) Had no idea about. Think the amount they are asking for is wrong but have seen sight of paperwork and they did get a CCJ and restriction. I did try to negotiate the settlement amount with them but unfortunately my broker had got in touch with them prior to me speaking to them so now they have wind of possible monies and won't budge. But do have settlement and undertaking to remove letter. 

4) had no idea about, can't find any paperwork on or anything. So I used details from Land Reg. 

I need help and it's been a mess but I'll try to bullet point below. 

Contacted DCA1 who are listed on L.R "It's not with us. Contacted solicitors mentioned on L.R. "it's not with us try DCA2"

DCA2 "It's not with us it's unplaced, we can get it placed and will be in touch". I asked what it was as had no idea of company or amount. No info at that stage. 

About ten days later spoke to agent at DCA2 on phone again (I know but speed was of the essence) I was on with her for ages but she was very thorough and spoke to two departments for me, 1 of which was their legal dept. She came back to say it was now placed but the legal team had confirmed there was no legal action outstanding, all fees and charges removed in 2021 due to "lack of documentation" and no charging order showing against my name. She also said the CCJ had "expired so there will be nothing affecting your credit file now either". She also confirmed that it was supposedly a debt from 2005, defaulted in 2009 and no payments made since 2010, CCJ in 2016 and interim restriction obtained but all fees and charges removed 2021. So I *could* do a settlement if I wanted. I said it's definitely showing on L.R. which she couldn't understand but said it shouldn't be. 

So I then sent a RX3 for to L.R stating this, they responded quickly and said it can be removed if other side send proof and could be expedited to allow me to remortgage as was urgent. Other problem being potential new lender had already put a priority hold on land registry so that would have to be removed too to allow L R. To remove fake charge. 

So I start chasing DCA2 for proof. Two phone calls and an email to them.in fact. In both calls I am told again "there is no charge against you on this account" 

Mooshoo_3

Cont_

In the meantime I received a letter from DCA2 saying now placed with them and here is balance. No mention in letter of a CCJ or charging order, which I found interesting as I would have thought they would have added this if so. 

Remortgage ground to a halt because new lender needs letter from DCA2 saying it will remove fake charge. 

Two more calls where again they state no charge against me, I ask can they just put this in writing and then I can sort my life out. A kinder agent says she understands and will get a colleague with legal knowledge to look into this and she will call me, I ask for this to be by email instead. New agent instead tries to call me later, misses me, so I call back and can't get her. Get an aggressive male agent who finally tells me what th debt supposedly is but also says they have no paperwork from themselves or original credit owner to be able to give me. He also says it's actually a joint account. All this is news to me but if last payment was 2010, and I have no evidence I ever paid anything, then surely Statute barred anyway? 

Over the next few days the legal agent tried to call again and sends an email saying please contact her. I cannot get hold of her each time but ask for them to pass a message to her to say please email instead. I'm told "oh she won't have time to email it." I said this is daft as she had time to email me and ask me to call. 

I email a complaint saying - why won't they just put in written form what they are telling me over the phone, that this supposed debt shouldn't be a charge in my name. 

No response. So call again. Guy says now it's a complaint it can take 8 weeks! I explain I don't have 8 weeks, it's now very urgent. He keeps pressing me, why is it urgent? What is the debt? Why did I run it up? I said I don't even acknowl she there is a debt but it's on my deed and I need it gone because I have a time sensitive opportunity which would allow me to clear debts I actually do owe. Immediately he changes tone " ah right I understand now. We don't need to talk anymore I have everything I need now. We will be in touch h after we review the complaint in 8 weeks"

I contact the ICO and Financial Ombudsman and are told submit a SAR and ask for all records in my name including recordings of the calls where they admit no charge. 

Mooshoo_3

I've sent this now but it says 28 days. (*Cries*)

So yesterday I call complaints team again and get someone semi helpful and explain everything again. 

I'm told - in addition to above that it is a joint account so they can only talk to husband. I say no, the charge is in my name and you've sent me the placed letter in my name you need to deal with me. She goes on - NO charging order in my name, was one in husband's name but that was removed years ago so they are still looking into it. 

Then adds that there is actually two accounts in my name, the other one does have a charge is No 2 in my first post. I say yes I know about that one, that I've no dispute with that one and would be able to settle through a time sensitive option but because of this fake charge I cannot do anything. She says she understands. I say surely if you can sort this and I can clear the other one I actually owe that is best for us all so I can move on with my life. She says she will expedite and please forward her the L.R. file note. I send a screenshot of just the charge. 

So help please and just to confirm -

It's an interim charge on behalf of DC1 via solicitors from 2016 in only my name on joint house. Now passed to DCA2. They say no CCJ, no fees or charges anymore and no order. But would I like to look at a settlement figure. 

I've tried everything and I am running out of time. 

Can I go to court and ask for a set aside as DCA2 won't provide written confirmation or verbal confirmation there is no charge?

Do I try complaining to DCA1? 

Do I state that this is only in my name which means this is preventing the joint owner from remortgaging away from being an expensive person month mortgage prisoner?

Can I go after them for compensation for dragging their feet, leaving a charge on my account that shouldn't be there etc?

sourcrates

Try post on "charging order the myth" thread in the stickies at the top of this board.