rotten Egg!

plumberjon · 19th May 2009, 14:42

Hi can anyone help

My ex-wife to be (only weeks left now YAY!), had a credit card account with Egg that was started aroud 2000-2001 ish.

She liked to spend money and not worry about paying it back, hence the "ex" bit!

However, there was a balance owing on her card which amounted to nearly £7k, but that was including all their chages and interest autolinker.com autolinking image

I presume.

They have succeeded in getting a CCJ and have had the debt applied as a charge on the property.

Is there anything she can do to challenge this. I'm assuming that they MUST have a signed CCA, as they did get to court with it and won? Or doesn't that mean anything?

Any help please!

PJ.

hammyhound · 19th May 2009, 19:02

They did not necessarily have the agreement.

There is a lot of paperwork before it gets to a charging order on your property.

Your wife would have received a claim form from the court, she obviously did not defend, the claimants got judgment forthwith and then went straight for a charging order.

Both you and your ex should have received a fairly long letter from the Land Registry explaining that a restriction was to be placed on the property (I assume you were joint property owners) but that it would only affect your wife's (sorry soon to be ex) half of the property not yours even though I still think it affects both proprietors.

There would then have been a hearing for the charging order absolute at which your ex should have attended to oppose the application and give objections to which I assume she did not.

There is a fairly lengthy process before a charging order is made absolute on your property (I have been there) I have a box file full from when the claim form was issued until the final charging order hearing date.

Did you not receive anything at all.

Without being too personal is the matrimonial home about to be sold and was the credit card company aware of this.

This certainly needs some investigating if no papers were ever received.

HH

19th May 2009, 14:42	#1 (permalink)
plumberjon Basic Account Holder Give yourself a better chance with our claims guides and litigation kits Cagger since : Oct 2008 I am in: trigued Posts: 351	rotten Egg! Hi can anyone help My ex-wife to be (only weeks left now YAY!), had a credit card account with Egg that was started aroud 2000-2001 ish. She liked to spend money and not worry about paying it back, hence the "ex" bit! However, there was a balance owing on her card which amounted to nearly £7k, but that was including all their chages and interest I presume. They have succeeded in getting a CCJ and have had the debt applied as a charge on the property. Is there anything she can do to challenge this. I'm assuming that they MUST have a signed CCA, as they did get to court with it and won? Or doesn't that mean anything? Any help please! PJ. __________________ PlumberJon UNUS VIR OBVIAM ORBIS TERRARUM Are you being harrassed by a DCA or Brighthouse. Click the link for OFT Debt collection guidelines. Chances are, they could be in breach of some part of sections 2 or 3 or both! http://www.oft.gov.uk/shared_oft/bus...dit/oft664.pdf I just give advice, I can't do it for you though!! If you were helped, then please wiggle my scales, and you might get a wiggle back!!!

19th May 2009, 19:02	#2 (permalink)
hammyhound Basic Account Holder Watch out, there are Claims Touts about! Cagger since : Oct 2008 Posts: 772	Re: rotten Egg! They did not necessarily have the agreement. There is a lot of paperwork before it gets to a charging order on your property. Your wife would have received a claim form from the court, she obviously did not defend, the claimants got judgment forthwith and then went straight for a charging order. Both you and your ex should have received a fairly long letter from the Land Registry explaining that a restriction was to be placed on the property (I assume you were joint property owners) but that it would only affect your wife's (sorry soon to be ex) half of the property not yours even though I still think it affects both proprietors. There would then have been a hearing for the charging order absolute at which your ex should have attended to oppose the application and give objections to which I assume she did not. There is a fairly lengthy process before a charging order is made absolute on your property (I have been there) I have a box file full from when the claim form was issued until the final charging order hearing date. Did you not receive anything at all. Without being too personal is the matrimonial home about to be sold and was the credit card company aware of this. This certainly needs some investigating if no papers were ever received. HH