court hearing - help

GeorgeUK

Thanks for that gazmona - it's clearer now.

The Charging Order:
There are 2 parts to a cahrging order - the interum order which is bascially automatically ordered when the court is satisfied that you own the property.
The 2nd part is the final charging order. You can object to the order being made final. There is a list on this site eg if there is no equity in the property then even after a sale of the house they may not get their money. You could ask for conditions so that they don't try to sell the house until children are a certain age etc.
http://www.insolvencyhelpline.co.uk/debt_factsheets/charging_orders_in_the_county_court.php

Have you requested a copy of the consumer credit agreement (CCA)?
If they are unable to produce this (with all the prescribed terms) it may give you some extra room for manouver.

gazmona

thanks GeorgeUK.. the link is exactly what I've been looking for, will read through that later...great help !!!

Yes the NDL told us the same as you , they have promised to send some paperwork ...this may be similar to the link.
Not sure about the CCA ...where do I request that?

GeorgeUK

The CCA request may be a bit of a long shot, but you don't have anything to lose. I'll try to find the link that i was informed of the other day. I'll put up the basics for now.

Basically, you can apply for a copy of the CCA from whoever is requesting payment - if they don't have it then the debt is not enforcable. It could also be argued that a CCJ should be set aside as it has assumed that the debt is enforcabe - same with a CO. No idea if it's ever been defended in court though.

Details: http://forums.moneysavingexpert.com/showthread.html?t=578486
Template: http://forums.moneysavingexpert.com/showthread.html?p=11636295#post11636295

I'll be back with the other link soon.
Edit:
It may be worth joining the CAG forum and asking about this. They're a little more clued up on the legalities so hopefully they can assist. They sometimes take a while to respond so try not to be too impatient - bump your post if no-one responds in about 24 hours.
http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/127800-some-good-news-share-2.html?highlight=CCJ