weightmans again

[sidkimbrough]

Hi,
I have been reading the posts and can not find a similar problem to mine so here goes. I have a very old (7+ years) debt from when I was in business. It went broke and I make token payments without fail every month. Equidebt have handed this to Weihgtmans who are asking for a voluntary charge. A couple of months ago I got ill and did not pick up my post for several weeks. In that time they managed to get a CCJ against me through the Northampton clearing court. by saying I had missed several payments. I have since sent letters to weightmans and northampton proving I never missed any payments by including copies of bank stubs. They are now taking me to court to get an involuntary charge on the house. Is there anything I can do to stop them??

[fatbelly]

Factsheet | Charging orders in the county court

Phone National Debtline for a chat.

Equidebt won't in practice be able to force a sale so the debt will most likely just sit there till you sell.

[sidkimbrough]

Thanks I will try them first.

[sidkimbrough]

Since the CCJ was obtained under false pretenses (they claimed I was not making my payments) and I have sent both Weightmans and the Northampton court a letter enclosing my paying in slips at the bank, can the court refuse to give them the involuntary charge? Weightmans has sent me a letter saying that they have found the payments in question but that I had used the wron reference number. The correct reference number is on all the paying in slips.

[fatbelly]

New rules:

My creditor applied for my county-court judgement on or after 1 October 2012

In this situation, changes to the law mean that the creditor can apply for a charging order even if the court ordered you to pay the county-court judgement by instalments and you are up to date with them.

Old rules:

My creditor applied for my county-court judgement before 1 October 2012

In this situation, the creditor can apply for a charging order if they have a county-court judgement against you and:
• you have been ordered to pay the whole debt immediately, or by a certain date, (this is known as a ‘forthwith’ judgement) and you have not done so; or
•the court has ordered you to pay the judgement by instalments and you have missed one or more payments.

So if it predates 1 Oct 2012, you have an argument (see the factsheet linked earlier) but in practice the courts moved to applying the 'new rules' a few years back and it had become very difficult to avoid a charging order if the creditor wanted one.

Having said that, have a go cos with our wonderful legal system a lot depends on how the judge feels on the day and there is an argument you can make (see the factsheet for more info).I can't imagine their lying to the court being very well received!

[sidkimbrough]

Thanks. I intend to take copies of the letter from Weightmans admitting receiving the payments and saying that either I or the bank had used the wrong reference. All of the bank slips have the reference number on them!! So they are still lying. I have written to Northampton court with a copy of weightmans letter admitting they received the payments and highlighted the reference number on the slips. I have asked them to set aside the CCJ as it was obtained under false pretences. I do not expect them to actually do anything but will use it all when we go to court on the charge order.

[sidkimbrough]

Is there any kind of record of just how many times Weightmans have bent the law to suit their cases? Has anyone sued them for acting under false pretences?

[sidkimbrough]

Hi again. The case above was submitted to Northampton Crown court before 1 Oct this year. After talking to the helpline I feel that my only hope of stopping them is to show that Weightmans are serial misrepresenters of the facts to achieve their ends. Is there any way to find cases against them for misrepresenting the facts?