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CCJ and Charging Order same day

Simplyshush
Simplyshush Posts: 12 Forumite
Part of the Furniture Combo Breaker
edited 4 May 2013 at 3:49PM in Debt-free wannabe
I had a credit card debt with HSBC for £2399. I have been paying this since CAB agreed a figure with them on my behalf when I was ill I have never defaulted on the payment but over a year ago HSBC sold the debt to a collections agency. I set up a standing order to pay them and continued to pay HSBC. I have never been approached to increase the amount. In September I was contacted by a solicitor working on behalf of HSBC. I asked CAB for help putting the financial statement together, sent it off and made an offer of £2.00 which they declined. They then made application to court to recover the sum of £2399. The. Amount wasn't right so on my defence I agreed I had a debt but said it was less the payments I was making to two different companies. I appealed the CCJ and heard nothing other than notification to say that the claimant had a applied for a charging order. I was in court last week and the judge was willing to make the adjustment to the sum claimed Nd rejected having the judgment set aside and consequently awarded the Charging Order. My debt has now increased by almost £1000 (costs) 'plus any further interest which may be due'. Part of the costs, £750.00 I have been given 2 weeks to pay although this really is a week as I've just got the letter. I don't have £750 and with such short notice I can't raise it through friends. What is going to happen now. I have faced facts, I have to sell my home of 23 years but I'd like to do this voluntarily rather than have it forced on me for a £3000 debt. Help, advice would be very grateful.

Comments

  • rizla_king
    rizla_king Posts: 2,895 Forumite
    Oppose any order for sale. It is very rare for a judge to allow one, even if you have been unable to pay the judement.
    Still rolling rolling rolling...... :) <
    SIGNATURE - Not part of post
  • Simplyshush
    Simplyshush Posts: 12 Forumite
    Part of the Furniture Combo Breaker
    I am actually terrified to oppose or object to anything or voice any opinion about anything. My debt has just increased by half again because I objected not to the fact I had a debt but because the sum was wrong. I asked for the judgement to be set aside because they were asking me to pay too much. I was paying a second collections company and they obviously didn't know. It wasn't a vast amount but it still wasn't right. The judge disallowed the judgement to be set aside and altered the amount they were claiming was my debt. My debt has just gone up by nearly £1200 and I've already had a letter from their solicitors giving me a deadline for contacting them with a payment proposal!!

    I totally despair, if I had made no attempt to pay this bill or had defaulted on payments then I could understand their vigour.
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