Charging Order - Advice please....

10past6

fatbelly wrote: »

The judge was wrong:

As you haven't defaulted on an order they cannot go for a charging order.

No disrespect to Fatbelly, but it's important this is cleared up.

From my understanding of the thread, Laura82 wasn't issued with an order by the court, the member in question claims she hasn't missed a payment, the all important question, was this a payment agreement set by the court? if not, then the judge wasn't wrong.

I suspect at the initial claim, the claimant claimed the full amount, unable to pay, the member requested a a redetermination hearing enabling the member to agree a payment plan set by the court, this was refused, which the creditor has the right to do.

If a payment plan is “Set by the court” and breached, then the claimant can apply for a charging order.

Laura82 needs to confirm whether the payment plan she refers to was set by the court, prior to yesterdays redetermination hearing.

pepe2008

Verbatim wrote: »

There was a thread a few weeks ago about charging orders I think being unenforceable if the property is jointly owned. Anyone???

Yes, you're right. I'm ploughing through my info now.

fatbelly

laura82 wrote: »

I had to go to a court hearing today for a redetermination of a CCJ, Nationwide wanted a forthwith judgement so they could apply for a charging order. The judge who was extremely rude and didn't give me an opportunity to speak sided imediately with Ntwide and granted them permission to apply for a charging order.

The way I read this is that:

Nationwide applied for a redetermination

They wanted it varied to a forthwith judgement

It must have been an instalment order before (set by determination - Northampton court by any chance?).

The op had not defaulted on the order.

The judge did not vary the order (as he could have done) but granted permission to Nationwide to apply for a charging order.

The judge was wrong to do this - the law allowing him to do this without a default has not yet been implemented.

laura82

Hi fatbelly,

Yes you are right - the CCJ was put by in place by cardiff county court(but redetermination by northampton)

Cardiff put the CCJ in place and agreed to the amount offered by CCCS, nationwide then applied for the redetermination asking for a forthwith, the judge said no to the forthwith but granted them permission to apply for a charging order.

I havn't missed a payment but the judge wasn't interested in this - I did question but was shot down.

Thanks to everyone for your help on this

RAS

Laura

it is still not exactly clear what the time line was for this debt/CCJ/CO. Can you give date, action location?

Also you might want to complain here http://www.oft.gov.uk/advice_and_resources/resource_base/legal/cca/debt-management

Goodtimesahead

Can you defend an application for a Charging Order if the Lender has failed to produce a copy of an original credit card agreement when SAR'd?