CCJ Query

Sly72

I have one creditor who is still insisting they will apply for a CCJ if we cannot come to an agreement over payments they want it paying off it 36 months, I had 48 months left and could not affrord payments its now defaulted, so cannot understand why they think I can clear it in a shorter time. It has taken since April for them to provide info on my CCA request happy to send them my payment request and what I can afford this is a sole debt in my name, A few questions

1.     They have mentioned they will apply for a CCJ and a charging order at the same time, can they do this?

2.     Thought they had to get CCJ first and if I don’t make payments then they can apply for a Charging order is this correct?

3.     As my property is jointly owned is it correct a creditor will not be able to obtain a CO against me, they can only get what is called a restriction?

4.     Other creditors I owe money to have agreed payment plans on what available income I have spare should I also mention this, as I have done pro rota payments?

DullGreyGuy

1) They can do it back to back, they can't do it at the same time unless you agree to a charging order

2) They don't need to wait for you to fail to pay the court order

3) Are you tenants in common or joint tenants? Being jointly owned doesn't prevent a charging order but the charge is only against your interests in the property

4) The county court process will be about establishing if you owe the money or not, what you can afford is broadly irrelevant for the obtaining of a CCJ - many are obtained that will never be settled 

fatbelly

It sounds like bluff to me but if you receive a pre-action 30-day letter you should respond to it. Post again if you get one.

They can't issue a court claim until they have done this

A court would not necessarily order payment over 36 months. They would look at what you had available. It would be unusual to get an order lasting over 5 years but I have known it happen.

Just carry on with your strategy and don't be distracted by their huffing and puffing

sourcrates

Sly72 said:

I have one creditor who is still insisting they will apply for a CCJ if we cannot come to an agreement over payments they want it paying off it 36 months, I had 48 months left and could not affrord payments its now defaulted, so cannot understand why they think I can clear it in a shorter time. It has taken since April for them to provide info on my CCA request happy to send them my payment request and what I can afford this is a sole debt in my name, A few questions

1.     They have mentioned they will apply for a CCJ and a charging order at the same time, can they do this?

2.     Thought they had to get CCJ first and if I don’t make payments then they can apply for a Charging order is this correct?

3.     As my property is jointly owned is it correct a creditor will not be able to obtain a CO against me, they can only get what is called a restriction?

4.     Other creditors I owe money to have agreed payment plans on what available income I have spare should I also mention this, as I have done pro rota payments?

1. Yes they can.
2. The law was changed in October 2012, I believe, so that a CO can be applied for after a judgement is granted, even if you are up to date with your judgement payments.
3. If the debt is yours, and you own the property jointly, then just a restriction will be recorded.
4. The court would look at your available disposable income, and set payment accordingly, a CCJ would be a priority payment, so the rest of your creditors may have to be paid less.

The above is obviously an abbreviated version of events, I would suggest you do your research on the subject just in case they go down that route, there are various stages to obtaining a CO, from an interim order, to a final charging order, and you have the opportunity to have your say at every stage of the process.

More info here -

Fact Sheet - Charging orders | National Debtline | National Debtline