advice needed regarding charging order

kebabed

10past6 wrote: »

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?

no we havent been through all paperwork only had one of them for a different debt .

Primmer

I would certainly go to the hearing and ask to pay by instalments if you do not dispute the debt.
If the amount is outstanding and undisputed then they are entitled to final charging order - as far as I am aware as long as you make agreed instalment payments then even if they have a charging order they cannot enforce it i.e. repossess the house.
If Final Charging Order made then they cannot simply enforce it - they would have to apply for an order for possession which you would be entitled to defend and could defend if you are making monthly instalment payments.

10past6

So just to confirm, you've NEVER attended a hearing re this debt?

You received judgement against you stating you must pay xxxx per month.

Is that correct?

I see you're on a DMP, not with Payplan is it by any chance?

kebabed

10past6 wrote: »

So just to confirm, you've NEVER attended a hearing re this debt?

You received judgement against you stating you must pay xxxx per month.

Is that correct?

I see you're on a DMP, not with Payplan is it by any chance?

no we havent , got ccj telling us too pay set amount monthly . we on dmp through cccs !!

RAS

So you have been paying the monthly amount through CCCS ever since that date?

Are you sure that the payment never arrives even a day late?

10past6

kebabed wrote: »

we on dmp through cccs !!

Did you send the court papers to CCCS?

If so, did they "act" on your behalf? i.e did CCCS reply to the court papers?

itsnowtime

Hi there,

Just wanted to add a little experience...

If you've not missed a payment against your CCJ and you've always paid them on time I would strongly suggest you defend.

You need to write a letter to the court (and send a copy to Shoosmiths & Land Registry I believe) explaining that you wish to defend the Charging Order and why... Make sure you include everything in your letter...e.g....

1.The date the original CCJ was granted
2. The date by which you began to pay by instalments
3. Proof that those payments have been made - if they've been made through CCCS - print it out and send it along with your letter.
4. If you have other creditors make sure you point out that if Nationwide were granted a CCJ this would be unfair to all other creditors - you're on a DMP with CCCS and are taking positive steps to resolve the problem. It may also be worth explaining why you had to call CCCS - for me it was relationship breakdown etc...

You'll also find much advise on here about pointing the court to a famous case mercantile v's ellis (I think) where they didn't apply the charging order because they'd not broken the agreement of the CCJ.

Make sure you request that the hearing is transferred to a local court and make sure you go.. it's not as scary as it sounds and it enables you to put your point across.

I know you feel sick - i did too however this is an Interim Charging Order therefore they have not granted it yet and you still have the opportunity to fight it!

Good luck...

kebabed

10past6 wrote: »

Did you send the court papers to CCCS?

If so, did they "act" on your behalf? i.e did CCCS reply to the court papers?

no i phoned them and they helped me fill them out and i dealt with it all .

kebabed

RAS wrote: »

So you have been paying the monthly amount through CCCS ever since that date?

Are you sure that the payment never arrives even a day late?

I pay the ccj myself through a standing order and it leaves my bank a week before its due date !! when i spoke to shoosmiths they told me they applied for the court order before my ccj !!!

10past6

kebabed wrote: »

no i phoned them and they helped me fill them out and i dealt with it all .

Right, I need some information before going any further.

Have you EVER received a default notice for this account PRIOR to any legal action?

Did you received a termination letter BEFORE legal action commenced?