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Court Summons
wayforward_2
Posts: 285 Forumite
OH and I are currently preparing for BR - we anticipate going to court on Friday 28th August.
We have today received a county court summons from one of our creditors. We are currently in a DMP with payplan so forwarded it to them and they are dealing with it. They did mention though that as we have a mortgaged property the judge may place a charging order on the property and suggested an IVA as a way to prevent further legal action and prefereable to BR.
I pointed out to them that as we have no equity in the property BR was favourable as an IVA would leave our property in danger for the next 4 years and that we had decided on the BR.
My question is - is there any chance the charging order can be put on our house before we go BR and if so what happens then?
We have today received a county court summons from one of our creditors. We are currently in a DMP with payplan so forwarded it to them and they are dealing with it. They did mention though that as we have a mortgaged property the judge may place a charging order on the property and suggested an IVA as a way to prevent further legal action and prefereable to BR.
I pointed out to them that as we have no equity in the property BR was favourable as an IVA would leave our property in danger for the next 4 years and that we had decided on the BR.
My question is - is there any chance the charging order can be put on our house before we go BR and if so what happens then?
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Comments
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You could dispute the debt , and buy yourself more time ?Vuja De - the feeling you'll be here later0
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Hi
Payplan will admit the debt and then the CCJ will be awarded against you. But there is not enough time for the crediotr to get a charging order, although you may need to make the first payment towards the CCJ as requested.
Hopefully the court back-log will mean it goes for the CCJ after your BR date.If you've have not made a mistake, you've made nothing0 -
I've got a client in a similar situation. My strategy is:
1. Acknowledge service (buys an extra 14 days)
2. Request lots of info from them using this letter
3. Defend the claim a few days before the deadline on any/every ground I can think of.
4. If I still get a judgement, ask immediately for a redetermination at the client's local court.
I can probably drag it out for six months if necessary!0 -
Hi there
There isnt enough time to put a charge on your property but as fatbelly said you could go down the route of defending the debt or just admit the debt within the 16/19 days and make a token offer, by the time the creditor accepts or rejects this you will be ready to go BR. Even if they do reject it it has to be determined by the court, all takes time. You will be fine
BR 12th August 2009 :T ED 11th June 2010 :TBSC Member 2830 -
thanks guys- puts my mind at rest. The heat is beginning to turn up - OH had a call from DMR on behalf of Abbey today!0
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