HFC - Charging Order Notice - Not been told - what do i do?

itsnowtime

Hi all,

Some of you may recall a little while ago I defended a CCJ with HFC - which I won in court.

However I came home yesterday to a letter from the Land Registry in Nottingham advising me that HFC have applied for a Charging Order on my property - this was created by order of the court on 04th August 08 in favour of HFC.

Now I have not received anything that this was going to happen - my payments were sent via CCCS every month without fail - How can they do this without informing me - or allowing me to defend it?

Any help would be greatly appreciated...
Thanks

thepinkladez_2

i think you need to call the courts where you had your ccj hearing and tell them you have no paperwork than the letter from land reg, this is probably a intrim order so you should get another court hearing to decide whether the co is agreed.
i am going through something similar, but we are having ccj redetermination hearing and co heraing on same day? !! mad!
we were sent a letter from the courts advising on co hearing, letter from the land reg and letter (with all the other letters) sent from creditors solicitors so we were completely aware of the situation!

keep us posted! and keep your chin up!

Queen

Hi, we have been told by RBS that they will take us to court of CCJ forthwith and then obtain a charging order as we will have defaulted on CCJ by not being able to settle the full amount, I have been getting advice from payplan and NDL, RBS want a monthly payment of £417.00 original monthly payment £200 this is because they want it settled in five yrs and not 13 which was the original term. We are currently paying £9.25 per month this was calculated by payplan since then mortgage gone up by £200, gas by £90, C Tax by £22 and B&C by £5 and wages not increased by a penny at the moment we have a shortfall on income and expenditure of £577 we ca\nn't cut back any further so they recommend we only pay a £1, myOH keeps trying to go back to work but very sick with an illness that won't get better, income earned since April £1500 income earned last year £2,200 when this goes to court will they take am average of income due to income not been guaranteed.

I appreciate your comments

itsnowtime

Hi all,

Just a bit of advice really...

Having investigated the Land Registry letter I was in fact taken to court for a CO. After telephoning their solicitors I received a copy of the application along with a copy of the hearing date.

I went along to the hearing with my defence - I hadn't realised I needed to file this 7 days before the hearing but never mind. I explained that the amount appeared incorrect and I hadn't missed a payment and wanted an explanation as to why they've applied for a CO.

I provided the judge and the solicitor with a copy of my information and was told that the hearing will be adjourned so that we can sort out the incorrect amount.

Now.. I've attempted to contact the solicitors in question - always get an answerphone, left a message - never returned my call and rang again etc...

I'm due back in court this week but I don't feel we've made any progress at all and I'm concerned what's going to happen next.

The figure that they had was higher than the order given for the CCJ and I've never missed a payment.

In my defence which they all have a copy of from the hearing - I've highlighted the following:

1. Not informed re court hearing
2. Not missed a payment and stuck to original agreement
3. Currently on DMP - being unfair to other creditors
4. Info on application incorrect - doesn't list all creditors
5. I could have applied for aTime order to increase length of time to repay the debt - this was not offered
6. Mercantil Credit v's Ellis Case
7. As above amount is incorrect...

Is there anything else I can do?

Thanks in advance


Any advise will be greatly appreciated.

itsnowtime

sorry to bump this but I found it on page 4 and I'm scared it'll get a little lost.

Thank you...

shinyhead

Hi, I've a couple of questions:

1. When you say you won the CCJ hearing what was the wording on any judgement letter you receieved?

2. What do the solicitors claim is the reason for applying for the CO?

In short how can they apply for a CO without a valid CCJ?

If you think you should have gone to the hearing where the interim CO was granted then don't worry-you wouldn't have been invited.