ccj and charging order?

louiser123

just a quick question.
im unsure on this and I cant help out my sister so here I am asking the ones who hopefully know! lol
she had a ccj placed against her for an old credit card.( unfortunately only a month from statute barred) anyway under the new rules they also went for a charging order even though she has payment plan and hasn't missed a payment grr! they got the charging order the debt is lass than 900 quid and they cant add on interest. what I cant answer as im unsure is ... can they enforce this ccj in another way if she does miss any payments such as income order or other or can they only enforce it with one action at once.
and as the debt is under 1000 is it right they can force sale either?


thanks for any info you have

patman99

Did your sister not bother turning-up in Court to defend herself ?, or did she simply not recieve any Curt papers ?.

These are vital questions as they will affect the answers given.

louiser123

no she didn't I didn't know about it until after she had got the letter to say the charging order had been done. I actually didn't know that the rules had infact changed until I googled it I was still under the impression that as long as the payment arrangement was kept to they couldn't even apply for one! must get up to date lol. but I am also under the impression that they cant enforce a ccj by more than one means at a time so cant also instruct bailiffs, go for an income attatchment ect as it has already been enforced and that is still in place.

patman99

Do you mean 'no, she didn't know about the Court case as she never received the papers'?, or, do you mean 'no, she didn't bother to turn up'?.

If the answer is 'she did not get the papers', then she needs to fill-in form N124 to have the decision struck out. If the claimants want to go back to Court, they will have to go through the whole application process again, adding to ther unrecoverable costs. I cannot see them doing this, as it is not commercially viable for such a small debt. Also if they did try their luck in Court again and your sister turned-up with evidence that she has been paying this debt via a DMP, the Judge will shoot them down in flames and she will get her Court fees for the N124 back.

If the answer was 'she didn't bother turning-up' then the Jusge will automaticcally find in the claimant's favour as there was no defence.

If she is on a DMP with someone like StepChange, it might be worth asking them for their advice on this.

It might also be worth contacting the FCA t raise a complaint about what has happened.

As for the debt, she could always look at a DRO as she is not a homeowner. This costs around £100, but she can include all her debts in it. If successful, the creditor will get not a penny more than your sister can afford (i.e., £1 per month).

louiser123

hi patman
yes she is a home owner (jointly) that's how they got the charging order. she didn't bother to turn up as when she got a letter she rang the company and they said that it was their process regardless of the fact that she was paying instalments as set out in the ccj and the law had changed and they can apply for it.
I know they cant force a sale as the debt is below the 1000 threshold so why they've even bothered beats me to be fair. but what they also told her( after I had spoken to her when she told me about it I told her to ring back and clarify it) was that if she didn't keep to the payment arrangement on the ccj they couldn't force a sale but could enforce the ccj by another means such as attachment of earnings or bailiffs ( a scare tatic I think as im sure that now they have enforced the ccj by charging order they cant enforce it with any other means aswell even if she does not pay the instalments)
thatswhat im trying to understand really can they enforce it by more than one means at any one time? as im sure they are stuck with a charging order and can not do any more than that.

patman99

Then surely the claimants are wise-enough to know that as she is joint home owner and not sole home owner, the charging order is not worth the paper it is written on ?.

There is a thread elsewhere that explains quite clearly that if there are 2 (or more) people on the mortgage and one of them accrues debts that end up with a charging order, the charging order cannot be enacted due to the claimant requiring the written permission of the other named persons on the mortgage.

louiser123

well I never knew that! how stupid to even go for one then!
they must be right then they prob can use more than one action at the same time ill retract my advise to her then cos I said if you finding it hard to pay don't pay it as they cant use more than one enforcement action at any one time and now they have CO they cant do anything else best ring her lol
thanks for your info

hiny

Hi regarding the tact that a charging order cant be made on joint property.i want to ask im divorced hv 3small kids. I hv asked court to force sale without ex permission as cant contact him and i cant affird mortgage.i hv a debt and charging irder going on 6april at court.
Does this mean if court allows sale i can sell and i dont hv to pay the charging order?but wont they still come after me?
And is restriction still on new buyers register?

fatbelly

hiny wrote: »

Hi regarding the tact that a charging order cant be made on joint property.i want to ask im divorced hv 3small kids. I hv asked court to force sale without ex permission as cant contact him and i cant affird mortgage.i hv a debt and charging irder going on 6april at court.
Does this mean if court allows sale i can sell and i dont hv to pay the charging order?but wont they still come after me?
And is restriction still on new buyers register?

You've posted this in four places.

I've replied here

https://forums.moneysavingexpert.com/discussion/comment/70277137#Comment_70277137