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Charging Order confusion
Comments
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I would expect the variation order to take precedence over the original order and as long as that has not been defaulted on then I don't see how the court can make a charging order.
It could well be that once they realise you are going to defend the charging order, that they will back off.0 -
r-world wrote:do you mean Payplan?
Even though I have some doubts about them I'm also scared to kick up a fuss - after all, they are helping me out of huge self-made hole.
PAYPAL ARE MAKING MISTAKES, IS THAT WHAT YOU ARE SAYING?
YOU ARE SCARED TO KICK UP A FUSS! (did you feel intimidated?)
They are so busy, they are bound to make mistakes, poor advice on a charging order issue is serious stuff. Who can you trust?
It seems you have turned to this messageboard for real advice."YOU WANT THE CASH? YOU CAN'T HANDLE THE CASH"0 -
It seems you have turned to this messageboard for real advice.
Got it in one. I'm still trying to get thru to National Debtline to decide what I should do now but as I said before, it's virtually impossible. I wasn't initmidated by PP but I felt that they're doing their best for me - do I have a right to complain?Saving Nectar points for long-haul flights - total as of Jan '07= 54,000+ :T0 -
You have had shockingly poor advice from Payplan and National Debtline are impossible to get hold of, it ain't looking good!
I visited my CAB and was looked down upon by a 90 year old who thought I was an idiot for getting into debt!
Thank the Man (or the Woman) for MSE!!"YOU WANT THE CASH? YOU CAN'T HANDLE THE CASH"0 -
First of all get written proof from payplan that the CCJ payments were made.
Second write to the court explaining that you will challenge the charging order on the grounds it is invalid because you have not missed any payments. Include all the proof of payments records you have. Request that the hearing be in a local court and you should go along with all the paperwork you have. They will read your written submission and you will get the chance to state your case. You do not need a solicitor.
It is possible your creditors recieved permission to go for a charging order when your first CCJ went through. If they did it is very hard to get stopped. This is also refered to as a hybrid CCJ. It is still worth going and putting up a fight.
Regards
XXbigman's guide to a happy life.
Eat properly
Sleep properly
Save some money0 -
I too am facing a charging order in Feb and after a lot of digging discovered it was a hybrid one as stated by Xbigman.
CCCS who I am with recommended I attend (600 mile round trip :mad: ) which I intend to do.
As OP it is by far not my biggest debt and on CCCS suggestion will use the defence:
a) Why should a sole unsecured debt be made a secured one on a joint property.
b) I have not defaulted on my CCCS or CCJ payments
c) Why should they have presidence over my offer debts
Any way my first post and hope it helpsif any one could give any advise for me for Feb would be most grateful
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OK to clear up the confusion.
Direct Legal have applied (and been awarded) a forthwith judgement which means that regardless of any payments made following the ccj or payment arrangements, the whole balance is due immediately. DL can go back to court for the charging order as they have done to secure the 'whole' balance they have the judgement for. The judge is unlikely to over rule this unless there are specific reasons to, like property owned by another party that is not party to the loan also, special need children etc etc.
It is often stated that lenders etc cannot get judgements/charging orders if you are making payments according to your ability - this is simply untrue as the judge will look at the true picture including any equity in your property which can be used to clear the amounts you have owing.0 -
Thanks for all your advice. Much appreciated.
I shall draft my objections anyway whilst I'm still trying to get thru to ND to discuss my options.
rwSaving Nectar points for long-haul flights - total as of Jan '07= 54,000+ :T0 -
update:
I ended up formally objecting to the charging order (with Payplan sending me the supporting documentation) and went to court yesterday for the hearing (supposed to be 5 mins but turned out to be 15 mins so not the conveyor belt system I was expecting). I was pleased to say I had all my information at hand and, luckily for me, the lawyer for Direct Legal was totally disorganised and was obviously NOT prepared. Does this highlight the general way they conduct business, I wonder?In any case, the judge was very fair with me, listening to my objections and has adjourned the hearing as she wants to get more info on the variation order from the proceedings of the original court judgment. Once that's done she'll give her final judgment as to whether the charging order should be granted. She's scheduled a full 10mins for the next hearing which I see as a good sign that she's being thorough.
I'd heard that charging order hearings are very slap-dash and usually end up in favour of the creditor but this has given me some hope. :T
rwSaving Nectar points for long-haul flights - total as of Jan '07= 54,000+ :T0 -
I have to say that in all the literature received from my creditors when i got into difficulty each one pointed towards using national debt line, CCCS or CAB, there was no mention at all of payplan in fact i hadn't even heard of them until i read a post about them on here approx. 6 months ago. . The advise National debt line give on their website is identical to what CCCS say as i have checked one or 2 things with CCCS.0
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