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advice needed regarding charging order

kebabed
kebabed Posts: 29 Forumite
in Debt-free wannabe
:confused: hi - we have just recieved a charging order through the post and i now feel sick !! can anyone tell me the chances of us losing the house ?? I have been told to go to the hearing and ask for installments if the co is granted - if they agree to this can they then apply for sale of the house ? sorry so many things going through my head !!! oh and i am on a dmp and this particular co i already pay a ccj for this - hope this makes sense to someone any advice will be greatly appreciated x
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Comments

  • 10past6
    10past6 Posts: 4,962 Forumite
    kebabed wrote: »
    this particular co i already pay a ccj for this -
    You need to expalin this in more detail
    Click here for Martins (MSE) advice on who to contact with Debt Issues - YOU HAVE NO REASON TO USE A FEE PAYING DEBT MANAGEMENT COMPANY- THEY CANNOT DO ANYMORE FOR YOU THAN THOSE LISTED IN MY LINK ABOVE.

    All information given by myself is offered informally and without prejudice - if in doubt seek help from a qualified and insured professional
  • RAS
    RAS Posts: 35,943 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Whoa

    We need to separate a few things out.

    This an interim charging order?

    When was the CCJ granted - what installments?

    Did the company then ask for a redetermiation hearing and for the judegement to be made forthwith?

    Or are they arguing that you have failed to keep up payments?
    If you've have not made a mistake, you've made nothing
  • kebabed
    kebabed Posts: 29 Forumite
    it is a interim charging order !! from the beginning they asked for full debt we said cannot do that took us to court , court set ccj at £146.00 but the creditors had applyed for co before but for some reason now date has been set for co ! i phoned creditors asked why applyed co as missed no payments they told me it was applyed before ccj applied - does this make sense ?? x
  • kebabed
    kebabed Posts: 29 Forumite
    sorry just got paperwork out - 7th oct got letter judgement for claimant ( in default ) must pay forthwith - replied to this then ccj to pay as from dec . today recieved co papers . they have told me they applied for co in sept !!
  • 10past6
    10past6 Posts: 4,962 Forumite
    kebabed wrote: »
    does this make sense ?? x
    Yes, this will be a hearing to decide if the interim CO should be made final

    In other words, it's a process for the ICO to be rubber stamped.
    Click here for Martins (MSE) advice on who to contact with Debt Issues - YOU HAVE NO REASON TO USE A FEE PAYING DEBT MANAGEMENT COMPANY- THEY CANNOT DO ANYMORE FOR YOU THAN THOSE LISTED IN MY LINK ABOVE.

    All information given by myself is offered informally and without prejudice - if in doubt seek help from a qualified and insured professional
  • 10past6
    10past6 Posts: 4,962 Forumite
    Who is the creditor?
    Click here for Martins (MSE) advice on who to contact with Debt Issues - YOU HAVE NO REASON TO USE A FEE PAYING DEBT MANAGEMENT COMPANY- THEY CANNOT DO ANYMORE FOR YOU THAN THOSE LISTED IN MY LINK ABOVE.

    All information given by myself is offered informally and without prejudice - if in doubt seek help from a qualified and insured professional
  • kebabed
    kebabed Posts: 29 Forumite
    10past6 wrote: »
    Who is the creditor?
    nationwide now being dealt with by shoosmiths !
  • 10past6
    10past6 Posts: 4,962 Forumite
    Last year when you FIRST received court papers, did you challenge the claim, or just let it go through?
    Click here for Martins (MSE) advice on who to contact with Debt Issues - YOU HAVE NO REASON TO USE A FEE PAYING DEBT MANAGEMENT COMPANY- THEY CANNOT DO ANYMORE FOR YOU THAN THOSE LISTED IN MY LINK ABOVE.

    All information given by myself is offered informally and without prejudice - if in doubt seek help from a qualified and insured professional
  • kebabed
    kebabed Posts: 29 Forumite
    10past6 wrote: »
    Last year when you FIRST received court papers, did you challenge the claim, or just let it go through?
    sorry getting so confused !! they asked for full amount that is when we said we could not do that that is when ccj was applied with a set monthly amount .
  • 10past6
    10past6 Posts: 4,962 Forumite
    The way it works, they issue a court claim claiming the whole amount, if you cannot pay, they are granted judgement forthith, meaning you get a CCJ.

    Have you at any time since legal proceedings commenced, received a redertermination hearing?
    Click here for Martins (MSE) advice on who to contact with Debt Issues - YOU HAVE NO REASON TO USE A FEE PAYING DEBT MANAGEMENT COMPANY- THEY CANNOT DO ANYMORE FOR YOU THAN THOSE LISTED IN MY LINK ABOVE.

    All information given by myself is offered informally and without prejudice - if in doubt seek help from a qualified and insured professional
This discussion has been closed.
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