is my information correct?

forgetfullass

Hello all and thank you for reading


I am trying to get myself sorted ahead of applying for a divorce. I logged on to the land registry today to check out charges on my house. as well as the mortgage provider I was expecting to see one other which ends in January thankfully. However I was surprised to see a charge from Aktiv Kapital. They applied for a CCJ in august 2011, I filled out the court papers. made an agreement to pay and have been paying ever since. no missed payments. I cant recall anything about a charging order at the time though things have been pretty tough for me for a while - addictions - not mine, have made me ill mentally though getting on top of things now.
I have been told that if you received a CCJ before October 2012 the creditor can only apply for a Charging order if I missed a payment or if I had been ordered to pay the whole amount. neither of these happened in my case. is there anything I can do about the charging order now?

National_Debtline

Hi forgetfullass,


If a CCJ was obtained prior to 1st October 2012 you must’ve defaulted on the payments set by the court in order for the creditor to apply for a charging order. A default can be a payment as little as 1 day late. However, if this has never happened you can apply to the court to have the charging order removed under CPR rule 73.10B.


You will need to complete an N244 form which can cost up to £255 to submit (if you are on certain benefits you may get this fee discounted or waivered with an EX160 form). You should consider legal advice in this situation because if your application is unsuccessful you can incur legal costs of the other side. Good luck,


Laura
@natdebtline

forgetfullass

Hello thanks for the reply,


I KNOW I never made any late payments. it all scared the hell out of me when it happened. I got the paperwork and set up a debit. comes out every month on pay day. I cant afford to pay the 255 and it seems rather unfair that they have made a mistake and this has happened. think I will just have to leave it and try and pay off quicker.


thanks again,

Car1980

Tell your creditor you haven't missed a payment and will apply to get the CCJ set aside as a result, and it will cost them £255 + your costs unless they rectify it.