Can I add Charging Order instead of paying the debt ?

ssw84

Hi 

I've recently discovered that I have a CCJ against my name from an old debt (i didnt see the letters) 

The amount is £9200, and it is simply too much for me to afford at the moment and the company are asking for 4 instalments which is also Too high for me currently. 

In the past I have had someone add a charge to my property for a debt - I managed to clear this Charge within a year and get it removed from the land reg.

Is there a way i can do this again ? I would just prefer to be able to have breathing room to pay it off in my own time and these Cabot Financial lot are really not letting up

Any advice would be appreciated 
JD

RAS

Please stop.

How old is this debt? Have you checked your credit records on all three providers? Can be done free.

1. If you didn't see the letters because you moved, you may be able to get the CCJ set aside.
2. If you hadn't paid or acknowledged the debt for a period of 6 years when the application was made, it was already statute barred and you can get it set aside.
3. Even if it was obtained correctly, if 6 years have passed since the CCJ was issued, it is statute barred, under a different clause, and you don't need to get it set aside.
4. There have been a lot of recent cases where debt collectors tracing very old debt have advised there is a CCJ, but when challenged, they have no proof. 
5. If there is a valid current CCJ, the court would set you and affordable monthly payment, which this ain't. Affordability is key to tolerance of debt collecting activity. 

So we need you to answer those question about, dates, addresses, and courts to help you further.

sourcrates

And even if the CCJ is valid, and payable, you can approach the court and apply to vary the payments to an affordable level by using court form N-245.

There may be a fee payable for this.

Don`t go for the nuclear option of a CO when you don`t need too.

Cabot do not dictate the monthly payment, the court that issued the CCJ does.

fatbelly

How much could you afford per month?