RFC/Restons CCJ now going for CO

medpalgal

Hi have been lurking for a while but decided to join you all.

My Hubby and I entered into DMP in Feb 08 have large amount of debt but intending to pay all. Nothing too bad at present as been reading this and other sites.

Main problem at the moment is HFC/Restons cc debt in OH name CCJ obtained by them 3 Sept 08 ordered to pay by instalments same as CCCS payments, first payment by 17th Sept 08 they recieved this on 15th Sept 08. Then received Forthwith Judgement dated 13th Sept 08 on 5th Oct 08. Now just received Intetrim Charging Order dated 15th Oct 08 Court date 28th Nov 08 for final hearing. Phoned court today to ask why CCJ payment and Forthwith Judgment were both sent have adhered to repayment one. How can we have both? How will that affect our case? and where do we stand legally was told to put it in writing to the Judge for him to deceide.

Where do we stand with this can we use this as a defence court said just to put it in writing to the judge as it was a court error that we had the first judgement? What do we do now? Any suggestions would be appreciated.

RAS

Hi and welcome

This is becoming more common. You need to talk to NDL directly to get advice but in the first instance read this http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=15_charging_orders_in_the_county_court

There are some very important case like Mercantile V Ellis which mean that you are OK as long as you keep to the payment plan but creditors are increasingly using forthwith judgements to side-step that cae. You need advice as to whether you can appeal against that judgement.

It is essential that you get all cases transferrred to the court near you and ATTEND.