charging order

louiser123

not sure if i have posted this in correct section so if not mods please move it x

i have a ccj with drydens for a credit card debt, total amount of judgement was 3120 quid. i sent in my statement of affairs at time of ccj and made offer of 80 quid a month but drydens would not accept this and court set payment to 223 a month, even though i didnt even have that disposable at end of month! hubby has helped me pay this for last five months but now can no longer do it and i cant afford to keep this payment up. spoke to drydens they said they will go for charging order (jointly owned property, debt only in my name) they said they wont force sale and i could then pay it off in smaller amounts or leave it till house is sold? is this right or am i under false illusions the debt will be just over 2k now after payments made. im happy for them to do this if this is the case as it will mean i can pay it off affordably. any advice or prior experience of drydens would be very much appreciated x

thechippy

Hiya,

You can apply to the court for a re-determination to set payments to that which you can afford - do this first.

If the property is joint, but the debt single, then it will be no more than a restriction and not a full charging order. That means, even if you sell (I won' elaborate more just yet), they won't get a bean....;)

A judge would never force a sale for that sum anyway.

Pay the blood suckers what you can afford and no more.........:cool:

Tixy

Personally I would try to avoid a charging order if you can.
When the court ordered you to pay £223 did you ever try to go for a redetermination to show how much you felt you could afford?

Edit - too quick for me there chippy!