Re charging order

bluemonday3

Hi
I have received court papers for a charging order to be placed on my property following a redetermination hearing where the judge allowed the creditor to apply for this.
Has any one an experience or advice for this hearing please?

bluemonday3

Hi

I have looked at the the application for the charging order and the creditor is claiming I am one months payment in arrears when all of those payments were made.
Can someone please offer any advice?

MrsTinks

Gonna need a bit more detail...
Guessing you got a CCJ? If so then yes they can at any point apply for a charging order... but before going into lots of detail it would help if you could give us some more details really

bluemonday3

Thanks for responding.
Its a bit of a long winded story which I feel out of my depth with. Basically I have a mortgage and an unsecured loan with the same provider. I am in a DMP with CCCS since last Sept.
The creditor took me to court for a CCJ and as their solicitor lost my returned forms, the judgement was awarded forthwith in default. I challenged this saying I returned the forms provided the proof and I was told they would ask the court to set this aside.
Before I had heard they had done this I asked for a redetermination following some advice and this was heard in my local c court.
The judge ordered that I continue with the current payments but allowed the creditor to apply for a charging order.
I was also told that no costs would be added as the judge felt this would only compound the problem!
I have been waiting for the charging order as I knew they would go for this but they have said I am behind by one months payment and CCCS have assured me all payments have been made since.
They have also charged over £500 to my mortgage account to reclaim their legal fees!

bluemonday3

It states: The judgement be payable forthwith, the claimant may not enforce the judgement other than by way of a charging order application without leave of the court whilst ever the defendant pays £ per calendar month, first payment 25/6/10, no order for costs.

bluemonday3

please anyone???