Charging Order papers received

SWS_2

The Bill going through is the Tribunal, Court and Enforcement Bill, which will allow creditors to go straight for the Charging Order (in our case I suspect they will be queing up!). CAB are trying to get Reforms to this Bill but as mentioned, it has not yet been passed, so presumably current law still stands, which is that you have to default on a CCJ before a Charging Order can be obtained. I therefore cannot understand why so many Charging Orders are being placed on properties for unsecured loans, there must be a loophool but what is it??

I have returned the CCJ papers this week iro our Northern Rock case, can you tell me Ulp why you had to attend court in the first instance? I thought with the initial CCJ it was dealt with by post, now begining to worry!!!

ulp

Will start again as computer just crashed - I know there must be a loophole somewhere - but where? No-one seems to know and there is only the understanding that there is something going through parliament but I am not sure if this has been passed yet or not. I contacted a solicitor yesterday who basically just said that yes NR could apply for CO even with no default. I think I am just going to collect all my evidence together and submit to the court 7 days before - I am trying not to get too stressed as am due to give birth anyday. I spoke to National Debtline who advised me to take legal advice but we would have to pay for this as we are not entiteld to legal aid. If anyone knows if this bill has gone through or the status then that would be great.

As for why we had to attend court - we received the summons and CCCS advised us to go. Any suggestions for anyone else to contact? Thanks

minimax_2

SWS wrote: »

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...

hI NR have done exactly the same to me even though I'm on a DMP with CCCS

ulp

So what are you planning on doing next...what stage are you currently at?