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    • simmian
    • By simmian 9th May 18, 9:37 PM
    • 27Posts
    • 1Thanks
    First Direct Debt
    • #1
    • 9th May 18, 9:37 PM
    First Direct Debt 9th May 18 at 9:37 PM
    Last year we tried to remortgage our property. During the process the broker told me that they had found a charging order on my property. This stopped us being able to remortgage. Cut a long story short when I looked into it appeared that I had a personal loan, my account with bank charges with FD. Which defaulted and I got into debt. I did pay of the debt but due to no money arranged a IVA, The debt turned into a CCJ which in turn was changed into a charging for which I was not informed at the time which is a disgrace. I recently completed a request for information which arrived today. I have noticed that I have not received any terms and conditions among the information how can I request this? Is it feasible to ask for this? I have noticed that amongst the paperwork that I have signed for Payment Protection on my loan which I did not receive because I was dismissed from my job due to an altercation. I felt obliged to get payment protection as it was not explained to me that it was optional and it was not explained that I would not be covered on dismissal. It was not explained to me full stop. Am I clutching at straws or shall I check the terms and conditions? Any help would be appreciated.
Page 1
    • sourcrates
    • By sourcrates 9th May 18, 9:53 PM
    • 16,414 Posts
    • 15,523 Thanks
    • #2
    • 9th May 18, 9:53 PM
    • #2
    • 9th May 18, 9:53 PM

    What is it you are trying to achieve here ?

    If you had an IVA, then as soon as that is granted, it overturns any CCJ.

    The charging order should also of been overturned as the basis for it had gone.

    My advise is to talk to National Debtline about this, find the best way to complain to put things right.

    The PPI is a separate issue which you should pursue separately.
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    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
  • National Debtline
    • #3
    • 10th May 18, 1:48 PM
    • #3
    • 10th May 18, 1:48 PM
    Hi Simmian,

    It would seem suitable to call one of the free debt charities based on your message. If you entered into an IVA then that prevents your creditors taking county court action, so I cannot see how a CCJ was obtained after an IVA began, unless your IVA failed and a CCJ was obtained after that.

    If the CCJ was obtained after October 2012 then the creditor is able to get a charging order as standard practice - you don't have to default on the instalments set by the court. You should've received notice about all of this, but please be aware that the documents would've been sent to the last known UK address, so if you had moved and not kept them up to date it could explain how post was missed.

    Once a CCJ is obtained the creditor is no longer obligated to comply with a CCA request, as the debt has already been proven in court, so if you have managed to get some information, that is great. If you think you were missold PPI then you can look into trying to reclaim that, but just be aware that there are deadline restrictions.

    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
    • simmian
    • By simmian 10th May 18, 3:29 PM
    • 27 Posts
    • 1 Thanks
    • #4
    • 10th May 18, 3:29 PM
    • #4
    • 10th May 18, 3:29 PM
    Thanks for the reply so if I think I have a case for PPI I should do this seperately?
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