Charging order on debt paid in full

oojakapipi

Hi Guys,

I have just today received service of an application to put a charging order on my house.

The CCJ was on 30th Sept 2008, I paid in full on 23rd Oct 2008, and have a letter from these numpties (CL Finance) confirming payment in full received.

On the interim charging order it says the District Judge considered the application of the claiment on 13th Nov 2008, and the hearing will be on 22nd Jan 2009.

I do not owe these people any money, and don't understand why they would go for a charging order 2 weeks after full payment was made.

I have tried to call their solicitors who are obviously not in today. Do I need to write to the court about this? If I just ignore it can they get a charging order even when I owe them nothing?

I am so angry that they chose to send this to arrive on Christmas eve :mad:

Merry Christmas everyone, and thanks for reading.:santa2:

10past6

oojakapipi wrote: »

On the interim charging order it says the District Judge considered the application of the claiment on 13th Nov 2008

A judge never looks at the claim first time round, an Interim CO is granted by default if they refuse your offer, it then goes for a hearing it's at that stage a judge becomes involved.

oojakapipi wrote: »

I have tried to call their solicitors who are obviously not in today. Do I need to write to the court about this?

YES, send any copies of payment to the court and send a copy to their solicitors by recorded delivery

oojakapipi wrote: »

If I just ignore it can they get a charging order even when I owe them nothing?

Any creditor / DCA can apply and obtain a CO if the case is not defended.

oojakapipi

Hi 10past6, thanks for your reply.

This letter has really confused me as it is from the court (stamped) and says:


On 13 Nov 2008 DISTRICT JUDGE (Name) considered the application of the claiment ('the judgement creditor'), from which is appears:

a) a judgement or order given on 30 Sept 2008 by the Northampton County Court in claim no. xxxxxxxx ordered the defendant ('the judgement debtor')vto pay money to the judgment creditor;

b) the amount now owing under the judgement or order is £xxxx.xx (including any interest and costs) and;

c)the judgement debtor is the owner of, or has beneficial interest in the asset described in tghe schedule below;

and the court orders that

1. The interest of the judgement debtor Ms ...... ........ in the asset described in the schedule below stand charged with payment of £xxxx.xx together with any further interest becoming due and the costs of the application.

2. the application will be heared at -- am on 22nd Jan 2009 at ---- County Courtmwhen a judge will decide whether the charge created by this order should continue (with or without modification) or should be discharged.

The schedule

The address of the land or property charged is --

---

----, the title to which is registered at HM Land Registry under Title No. xxxxxxxx



My worry is why, as I settled in full on 23rd Oct 2008, this was allowed to go through on 13th Nov. Is it just the debt company being disorganised or something more sinister?

I will send to the court a copy of the letter from CL Finances solicitor confirming full payment received and cross my fingers that that will be an end to it.

Thanks again.

10past6

oojakapipi wrote: »

On 13 Nov 2008 DISTRICT JUDGE (Name) considered the application of the claiment ('the judgement creditor'), from which is appears:

on 30 Sept 2008 by the Northampton County Court in claim no. xxxxxxxx ordered the defendant ('the judgement debtor')vto pay money to the judgment creditor;

What if anything took place between those 2 dates, who did you communicate with?

oojakapipi

I got a letter from CL Finances solicitor shortly after the CCJ on 30th Sept asking for payment in full and enclosing payment slips.

I paid in full on 23rd Oct through my bank using the payment slip provided.

I phoned CL Finances solicitors mid November (can't remember the date) to ask for comfirmation of payment received. They sent me a letter dated 27th Nov 2008 comfirming full payment was received on 23rd Oct 2008 and I could now obtain a certificate of satisfaction.

Confusing the hell out of me that they acknowledge the fact that I paid promptly and in full, then go on to apply for a charging order.


Thanks again.

10past6

oojakapipi wrote: »

I got a letter from CL Finances solicitor shortly after the CCJ on 30th Sept asking for payment in full and enclosing payment slips.

I paid in full on 23rd Oct through my bank using the payment slip provided.

I phoned CL Finances solicitors mid November (can't remember the date) to ask for comfirmation of payment received. They sent me a letter dated 27th Nov 2008 comfirming full payment was received on 23rd Oct 2008 and I could now obtain a certificate of satisfaction.

Confusing the hell out of me that they acknowledge the fact that I paid promptly and in full, then go on to apply for a charging order.


Thanks again.

What they've done is obtain an "Interim CO" (standard practice it's part of the process)

A date has now been set for a full hearing in January where you will be given the chance to defend their claim or accept it.

As you've paid in full, you will be defending their claim.

They've NOT withdrawn their claim and therefore by continuing to process the application, you may well be entilted to obtain any expenses, but someone with more knowledge than me will be able to explain that bit.

10past6

As they have taken legal action you may well have something on your credit file.

Did they issue a default notice, if so?

oojakapipi

10past6 wrote: »

As they have taken legal action you may well have something on your credit file.

Did they issue a default notice, if so?

No default notice after the CCJ, in fact I heard nothing from them after I made payment and had to contact them for a receipt. Payment was made in full 23 days after CCJ was issued.

How can they obtain an 'Interim CO' on a debt that has been settled in full weeks before? Surely, as they have confirmed that they received full payment 3 weeks before applying for this interim CO a Judge would throw them out for wasting his/her time.

My credit file is not great anyway with a CCJ but does this application make it even worse, and do I need to contact them to get it cleaned off my file?

Also, do I need to defend this in court, or just write to the court explaining all of the above with copies of letters etc.?

Ooh, they are making me so mad!

10past6

oojakapipi wrote: »

Ooh, they are making me so mad!

It's Christmas time, don't allow it to occupy your time.

They HAVE to issuse a dfeault notice prior to taking any legal action.

You must have received an N1 claim form from the courts?

A judge goes on facts, the fact they have not informed the court you've paid is the reason why an interim CO has been granted.

I have to pop out, I'll be back within the hour if you have any further questions.

oojakapipi

10past6 wrote: »

It's Christmas time, don't allow it to occupy your time.

They HAVE to issuse a dfeault notice prior to taking any legal action.

You must have received an N1 claim form from the courts?

A judge goes on facts, the fact they have not informed the court you've paid is the reason why an interim CO has been granted.

I have to pop out, I'll be back within the hour if you have any further questions.

You're right, I shouldn't let them wind me up. This debt is settled and they have made a very stupid mistake going for a charging order after they know the debt was settled in full.

The facts for the Judge are that a CCJ was issued on 30th Sept, the debt was paid in full on 23rd Oct, they applied for an interim CO on 13th Nov, after they had received payment in full.

I will call them on monday and send recorded delivery proof of payment and their acknowledgement of payment in full to the court. I am hoping that this is all I need to do, though why I should have to do anything to sort out their mess is beyond me!

Thanks for taking the time to go through this with me on Xmas eve 10past6, you are a star :T

10past6

oojakapipi wrote: »

The facts for the Judge are that a CCJ was issued on 30th Sept, the debt was paid in full on 23rd Oct, they applied for an interim CO on 13th Nov, after they had received payment in full.

And that's what you need to inform the judge.

Judges don't take to kindly to people wasting a courts time.

When you received your court claim for the amount, did it have any court fees on it?