Advice needed re charging order

leela_2

Hi,we are currently on a DMP with CCCS which has been running for nearly two years now.Our main creditor which we owe £12,000 are taking us to court next week to try and get a charging order on our family home.I have spoken to CCCS and they basicallly said that they cant give us any legal advice as they are not legally trained but have sent me copies of our budget,payment history and list of creditors to take with us to show the judge.If anyone has any advice about what will happen on the day and what we should say it would be much appreciated.
Leelaxxx

leela_2

Any advice whatsoever would be so appreciated.

Me_Myself_2

Can ask who the creditor is?

leela_2

Hi Me Myself,the creditors are Alliance and Leciester with Shoosmiths solicitors working on their behalf.

davek1

you can oppose the request for a charging order ( although it's more than likely it will be granted) explain to the judge that this would give this creditor an unfair advantage over all of your other creditors. If he agrees the charge ask him to make the order to stay in that there is no repossession without prior authority of the court. Then ask to maintain your payments at the same level as you are now and provided you continue nothing will change. If you default then the creditor will have to go back to court. However keep paying and all that happens is that a charge is registered against the property in favour of the creditor. If you sell or re-mortgage then they will get their cut from any proceeds.

Sorry this might not be much help. But you should deffinatey oppose the request. you may be lucky. Don't worry about the proceeding they are fairly informal and the Judge will be sypathetic and understanding. You won't lose your home. Demonstrate to the jusge you have already been paying at a level you can afford.

I have a couple fo creditors pushing for charging orders myself.

Dave

Leixlip1

I had the same issue with American Express - they declined to discuss with me and only communicated via their solicitors. When the case was heard no Charging Order was made and I ended up with a CCJ based on the amount I had ben paying AMEX anyway! If I default, which I do not intend doing, I am sure AMEX will try again.

leela_2

Thanks davek1 for your advice ,we are definitly going to oppose the order,although ill probably be a quivering wreck and nothing will come out the way i want it to:eek:

davek1

relax Leela.

the Judge will understand you will be nervous. Heres a tip, write down your opposition as a letter and copy about 4 times take to court. hand a copy to the creditors rep outside court so he/she has time to read, when you go in and see the judge pass him a copy and ask him to read it and explain that you have already provided a copy to the other side. Better still fi you have time write a letter send it special delivery to the creditor and their solicitor explaining your opposition. Give copy to the judge with proof of posting and ask him/her to read it before hearing the creditor.

Its not in open court but in Judges chamners so will only be you, creditor and judge.

Dave

leela_2

Hi davek1,Thanks for that idea,i think i will probably do that.Sorry for being a pain but is there a basic letter template anywhere for opposing charging orders.If not could someone give me some tips on what to write in the letter,something official sounding so i dont sound like a total numpty!If we send a letter will we still have to speak in court?

Eager_Elephant

Hi leela,

For a creditor to go for a charging order they need a CCJ first and then they can only go for a charging order if you have failed to comply with the terms of the judgement such as paying a fixed amount.

Have you had this paperwork - it will be a mainly blue form with an official court stamp on it?

EE

leela_2

For a creditor to go for a charging order they need a CCJ first and then they can only go for a charging order if you have failed to comply with the terms of the judgement such as paying a fixed amount.

Have you had this paperwork - it will be a mainly blue form with an official court stamp on it?

Hi EE,yes they have a have a CCJ against us,the first judgement was for installments three times more than what we are paying on our DMP,so we applied for a redetermination which came back as Payment forthwith.Obviously we defaulted on that(which is what they wanted)and now we are in this situation.