CCJ - How do they Work?

w1ck3d

Hi All,

Might be a simple question, but here goes. You might have seen on here, that I am helping some friends of mine and just wanted to clarify something.

At the moment it looks like they have a CCJ for non payment of debt. The court has advised me that they are pushing for a Charging Order on the property. They havent been given the chance yet to defend themselves in court ( now pushing for this) to set up payment by installments.

How long does the CCJ last for, until fully paid amount?

If charging order is on property, do you still pay installments, then does the charging order vanish when payment is complete, or just you site and wait until you sell the house, then pay them in full?

Surely they can only push for a Charging Order "if" the payment of the CCJ is defaulted, which hasn't as yet?

Many thanks if anybody can advise

Tixy

When was the CCJ granted? when was the CCJ hearing? did they not attend court or file a defence?

Do you know if the court ordered a forthwith judgement (usually if you don't defend the claim the CCJ will be granted with immeditate repayment of the amount required). If that has happened and your friend has not then paid up then they could try to go for a charging order as the CCJ hasn't be paid, ie they are already in default.

If the debtor requests a determination that they want to pay in installments, if this is granted before the charging order hearing then the charging order should not be granted as long as they keep up with the court ordered repayments.

Also take a look at the national debtline website factsheet on charging orders and reasons you can use to try to defend against one being granted.

w1ck3d

Hi Tixy,

The date of the letter is 17th May, and it does say Forthwith on it. They haven't had a court date, nor did they get a chance to defend themselves. They never got the chance to state monthly installments either.

They haven't paid it obviously, as they wanted 15K "forthwith"

It is still as I am aware, being helf at the Northhampton Bulk Centre

Tixy

Court papers must have been sent out before the hearing, and before the CCJ was granted.

Do you know why they didn't receive them? did the creditor know the address they live at now? or could they have been sent to a previous address and they haven't told the creditor their new address (this is probably the most common reason for not knowing about court proceedings?)

w1ck3d

hi Trixy,

They have lived at the same Add for over 10yrs, so no mistaking there. So I suppose this stands us in good stead then, not receiving the initial court forms.

I spoke to the Court ( Bulk Centre ) and they advised me to send an email to get this transfered to our local court. I have had a responce, and they are doing this, so at least they will get to fight their corner.

Is it still possible, due to no forms being received that this CCJ could be reversed and a payment plan setup by the court?

Many thanks Trixy

fermi

You state in your other thread this.

w1ck3d wrote: »

Now they have told me, that it has been passed to a court ( they are showing me all the paperwork tonight) so this bit of info is a bit grey at the moment.

Were they court claim forms? Blue forms, with various sections.

If so, did they return them to the creditor with an offer of payment by instalments?

You say that Northampton are transferring the case to the local court?

Is that to look again at the forthwith order and perhaps set instalments instead? Or is it regards the charging order application?

w1ck3d

Hi Fermi,

Thanks for looking.

They never received the claim forms ( the blue ones ) they have only received this form, which states in default, and forthwith of 15K.

The only other letter they have received is a letter stating that this has been transferred to the local county court for enforcement. They have had no other letters or documents, hense why I was surprised, as they never got to defend themselves properly.

No hearing date's, nada.

When I rang the LCC, they told me to email request to have it moved from Bulk Centre to LCC. I have had a reply, and they are doing this, and will notify when it has been done, and a new hearing date will be issued.

They didn't even receive an initial Summons :eek:

w1ck3d

One last question.

Do you think it is to late, to initiate a statement of charges letter, and also a request for a CCA?

I don't want to the judge to see this as they are trying to get out of it, as they have NEVER denied they owe the money, just could not afford MNBA's requests and MNBA always refused their initial offers of repayment.

Many thanks once again. Don't know what I would of done or said without the support of this fantastic forum.

:T

fermi

What do you mean by a "statement of charges letter"?

A CCA request would probably not be of much use, as the duty of the creditor/DCA to comply with that does not apply once a court judgement has been obtained.

If the case has been transferred to the LCC, then they should have a chance to put their case for paying by instalments, and object to a charging order if they are going after that.

Have you or they spoken to somewhere like National Debtline (free on 0808 808 4000)?

They are normally good with these court procedures, and with the paperwork and detail in front of you, can probably suggest much more quickly what (if any) action needs to be taken, or what needs to be prepared for the eventual hearing at the LCC.

w1ck3d

Hi Fermi,

Was looking at the letter re bank charges, sorry that is what I ment as the original amount should only be around 12-13K

"If the case has been transferred to the LCC, then they should have a chance to put their case for paying by instalments, and object to a charging order if they are going after that."
Yes that is what I have done, was just making sure I did the right thing as they don't want a charging order, and have always maintained that they are willing to pay by installments, just not what MNBA astronomical amounts are. The fact that neither did they receive a summons, nor ever been contacted by the DCA.

Have you or they spoken to somewhere like National Debtline (free on 0808 808 4000)?
They are normally good with these court procedures, and with the paperwork and detail in front of you, can probably suggest much more quickly what (if any) action needs to be taken, or what needs to be prepared for the eventual hearing at the LCC.

I haven't as yet as the LCC have been really helpful thus so far. I will give them a call, just for some re-assurance for them and me.

Again thanks Fermi for you help.

w1ck3d

Hi all

Hopefully somebody can advise me here on my friend bless her. Charging order was awarded, good, its all done, and they will get their money when the house is sold...years to come. She has just received this letter. What to you all make of it. Personally, I know the facts are right " they are allowed to pursue a for sale on the property " but there is dependant children in the property that are in school, and its close to work. So what do you all think?

"Dear Ms **********

We refer to the above debt for MBNA credit card number bla bla bla which remains outstanding.

As you are aware we currentl;y hold a charging order over your property and our client has the right to seek and order for sale of your property to release any equity to settle this debt. However in an attempt to resolve this matter before further action is considered, our client is willing to consider a discounted settlement on your account. This means that some of the debt may be written off as a gesture of goodwill. We must stress however, that this is a tim-limited opportunity that will expire on the 11th Sep 2012

If you are able to make an acceptable offer your dredit file will be updated to reflect the fact that this debt has been partially satisfied. In addition the charge which is currently registerd upon your property would be removed.

To take advantage of this...bla bla bla bla...bog standard rest of letter.

So what do you think. Because of her circumstances, work, dependant children and very little equity in the property, might just scrap it...would they seriously try this root?

Should she reply to that letter, stating the facts?

All opinions welcome

Many thanks the only sound Advice board...on the earth :rotfl:

W1ck3d