Charging Order?

1313

earthboundboy wrote:

We owe them 15k and they will not tell us whether they are charging interest or not. We are paying them £82 a month as per the CCJ arrangements and haven't missed a payment.

As far as I am aware creditors can only apply for a charging order if any payments due under a judgemnet have been missed. If not the court can not grant a charging order. It is also not unknown for a creditor to apply for a charging order regardless. Trying to pull a fast one comes to mind.

Can you prove that you have never missed a paymant, if so show it when you attend............DO ATTEND!!

earthboundboy

Thanks all and sorry it took a while to respond.

I have just had a letter from the solicitors stating that "Interest is not accruing on this account". They have given me the full breakdown of the amount we owe and the payments we have made. The letter ends "We confirm that once the Final Charging Order has been granted, our client will accept payments of £82 in reduction of the amount outstanding. Each payment received will reduce the balance outstanding accordingly"

So they can classify this differently in their accounts as they are likely to get it back one way or another. I think this is probably all they are interested in doing tbh, and will only try and force sale if we miss payments. The DD to them is now in my 'primary creditors' column and as such we won't miss any payments. (If we did, we'd be missing payments on the mortgage, car etc as well, so it'd probably be the least of our probs).

I am relieved that they are not charging any interest. It means we can actually start to chip away at it and increase the payments in line with our payments to the CCCS.

On the subject of whether they are allowed to apply for a charging order or not - this was one of these new 'hybrid' orders (have only just been introduced) that give the creditor permission to go for the charging order at any time, without further application to the courts.

I am not going to attend the hearing. I don't want to rock the boat further. We will pay our money and get on with our lives. I have an exam the week before the hearing is due, I don't want to be fretting about that really. Also, I am not the most confident of people in person and to be honest I'm not sure I could handle being in that environment.

Warmest thanks to all though, greatly helpful as ever!