advice needed regarding charging order

kebabed

itsnowtime wrote: »

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...

thank you I will probably do that , this is all so new to us and its scaring the s*** out of me to be honest , I am so scared to lose the house ! excuse my language !

RAS

Kebabed

There are different tactics available. 10past6 will try to set the clock back, which is the "best" option.

If that does not work then we need to consider Mercantile v Ellis.

Will leave you with 10past6 at the mo. You are in good hands.

kebabed

10past6 wrote: »

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?

first letter was a claim form dated 16 sept - think that was a default notice next recieved judgement for claimant
asking to pay full amount forthwith on 7th oct i then filled a form in to say couldnt do that then recieved a transfer of procedings to local court on 20th oct then recieved order suspending warrant / judgement on 11th nov to pay amount monthly on 11th of each month which we have done ! that is all letters regarding this creditor

10past6

kebabed wrote: »

that was a default notice next recieved

If it's possible, can you post that up for me, remove all your personal data.

It's very important you confirm, whether or not you did receive a termination letter.

As a rough idea (no need for the full amount) what's the figure were looking at here?

kebabed

10past6 wrote: »

If it's possible, can you post that up for me, remove all your personal data.

It's very important you confirm, whether or not you did receive a termination letter.

As a rough idea (no need for the full amount) what's the figure were looking at here?

i have no letter saying termination ! amount now is 18,339 and a few pence ! sorry how do i post and which letter do you want me to post
really grateful kebabed !!

RAS

10past6 needs to see the default letter, please.

Either scan it and insert or take a photo and insert in an on-line photostore like https://www.flickr.com

kebabed

RAS wrote: »

10past6 needs to see the default letter, please.

Either scan it and insert or take a photo and insert in an on-line photostore like www.flickr.com

Hi 10past6 !!! I will do that tomorrow or should I say will get oh to do it me really not good with all that !! I would like to say thank you for getting back to me , I will get that done tomorrow kebabed