Charging Order papers received

Pere_Ubu

Bossyboots
Do you think it is worth contacting Assett Link to talk about restructering the original agreement to allow lower repayments over a longer period a "Time Order" or should we ask the court for this? I will be phoning the court tomorrow about the hybrid, it was definately hybrid as I asked the woman to spell the word out I wanted to make sure of what she was saying.

Bossyboots

The problem with your suggestion is that you are keeping the loan hanging over you for even longer with the risk of all this happening again. What you suggest could just make Asset Link jumpy about your finances. I would first of all establish whether what they have told you is true or a load of baloney. If the former, ask for any and all paperwork in relation thereto, both from the Court and Asset Link. Make sure you tell them both you have not had this before. If the latter, you could use their error, lies and the stress this has caused you as a bargaining tool to negotiate better terms.

Your other option if there is no hybrid ccj is to let it go to court and explain to the judge why you are defending it and what you have been told. Take the opportunity then to get a favourable payment agreement.

Xbigman

I've never heard of a hybrid CCJ but a charging order is defendable i any event.

You need to talk to payplan regarding what they are paying. If you should be paying via the court then start doing so and reduce the payplan payment by that amount. At the charging order hearing take proof that payplan were paying an amount directly and this was just a confusion over payment method.
Regards



X

Pere_Ubu

Thanks x

Trying to get to talk to Payplan is proving to be impossible. We have phoned and left messages on voice mail, written with urgent requests they contact us, emailed them. Still not spoken with them. We are writing to Asset Link the weekend cc the court and explain what we have done, paid via Payplan.

larquey

Hi,
I am in a similar situation with those companies I need to know why a charging order had been made possible while using my middle name and wrong title .
Nicole

Pere_Ubu

You mean Assett Link? They are not the nicest of people. Contact the court concerned and let them know about the incorrect name. Presuming you owe Assett Link money as an unsecured debt they want to secure it against your property. Have you defaulted on the debt/loan? There are arguments against the granting of charging orders. I will post later when I have more time. Give me some more details in the meantime.

SWS_2

There is such a thing as a hybrid CCJ, I am in a similar position with Northern Rock. I spoke to CCCS and more and more lenders are requesting a forthwith order before anyone can even make a payment on the CCJ, because you can't pay the whole amount they immediately go for the Charging Order, this is called a "hybrid CCJ". The CAB are looking into this as you have mentioned, it is totally unfair that we are not given the opportunity to pay. Alas, I think any judgement in this regard may be too late for me...

Pere_Ubu

I've heard of hybrids as well. I don't think it a legal term but the outcome is that they simply go for a charging order immediately with complete disregard the the CCJ. They know that the CCJ won't get paid as requested so filing for a charging order is a routine application. If they do get a charging order get conditions attached i.e they can't go for sale as long as agreed payments are made, until the youngest child is 18 (if there are children), etc.

SWS_2

Thanks I will, I am going to have a go at fighting it anyway. I have just been speaking to CAB, there is a Bill going through Parliament which allows Creditors to do this and the Judges are acting on it already hence the number of Charging Orders being increased. The CAB are trying to reform it, but they are not definitely sure that the Bill has actually been made an Act as yet.

ulp

My husband and I have a payment plan with CCCS which we pay each month. One of our creditors - Northern Rock have recently had us in county court as we owe them £30,000 for an unsecured loan. We attended court and agreed to pay instalments each month. We have now been issued with charging order papers and have to attend court again in October. Through all the research I have done - internet, national debtline etc it seems that they cannot apply as we have not defaulted BUT is there something happening a new act?? Which is saying that creditors can apply for a charging order even if we havent defaulted. Any help or advice would be appreciated - thanks