Optima CCJ and charging order

Pugface_2

Hi all,

Just wondered if anyone could give me some very last minute advice.

I recently received a CCJ from Optima for a credit card debt of over £10000

I applied to the court to ask them to help me set up a manageable amount to pay each month. I have a redetermination hearing on the 27th April.

Optima also in the meantime went for an interim charging order on the house. I didn't even know that they had - I just received a letter one day from the court saying that the interim charging order had been obtained on a date in March with a date again of the 27th April.

The order is for the value that's outstanding plus says they're going for the interest as well.

I was checking about this as I didn't think they could continue to add interest onto the amount on a credit card debt like that.

On the (supposed) reverse of the agreement that they sent me it says that:

"We will charge interest on a daily basis before any judgement"

Yet on the terms and conditions leaflet that was supposedly in force when I signed the agreement it says:

"We will charge interest on a daily basis both before and after any judgement"

Just a bit concerned about the apparent mismatch. Surely if they've insisted that the terms are on the back of the agreement I signed they can't then decide to go by the terms that they have included as a leaflet?

Also, on the national debtline site it says that if they intend to charge interest on the amount they have to include a specific statement on the default notice. There's definitely nothing on my default notice about charging interest after any judgement.

I know this is last minute, but I was ready to accept what was going to happen on Wednesday lunchtime at the court, but now I've found that there's this discrepancy I'm really mad that they seem to be lying about the leaflet being the correct terms and conditions - it's almost as though they've made them up so that they can specifically add on the interest if they do take someone to court.

Any advice would be really appreciated.

Thanks,

P.

thechippy

Firstly, I'd cca them to see what was on the original agreement.

Secondly, as far as I know, once they have a judgement, the amount owed becomes fixed, they can't continue to add interest.

Pugface_2

Hi thechippy,

They can't add it unless they specifically mention it in their terms.

The terms on the agreement I signed say before a judgement, but the terms they supplied as a separate set of copies say before and past a judgement.

Still stuck on this as I don't know if they can just decide to use the terms that allow them to add the interest.

I wouldn't mind, but I haven't even reached an agreement with them for any repayments and they go and sneak an interim charging order on me.

P.

thechippy

I'll try to check for you.

Is the debt in one name, but the property in joint names?

Edit.

This is why you need to cca them. We need to see the terms that were in force at the time you signed.

Pugface_2

That's right - the debt is in my name, but the house is in my wife and my names.

Thanks for this - I really appreciate it.

thechippy

Nice one,

That means the best they can do is get a restriction and not a full charging order (although the paperwork makes them look similar)

...and it's not worth a toss basically....;)

Pugface_2

Sorry - all I seem to have read about are charging orders.

Could you tell me what a restriction is? Sorry if I'm being a numpty.

thechippy

Too tired to go into it too much, but they can only get a restiction as the debt is single and home joint.

Basically, you could sell without them getting a bean.
A forced sale is as rare as my wife making an edible meal....:D

Pugface_2

Hope your wife doesn't read your posts! Mine would thump me for saying that sort of thing!

The restriction does sound more hopeful than the charging order.

Thanks for your help with this - you've helped me a lot and I really appreciate it.

thechippy

No prob my friend.

have a gander through the thread "charging orders - the myth" - it's on this page.

Honestly, that's all they will get and it's not worth losing any sleep over...

As you only have an interim order, you could still defend on it becoming full, but if it does, don't worry. The paperwork will make it seem like it's a full charging order, but there is subtle wording differences that make it only a restriction.....;)

Sparklyfairy

Hi there, what thechippy said is spot on..take a look at this thread he mentioned (yes it's very long - but it explains everything!)