Please Help with CCJ and Charging Order

AJ0907

Not sure if this is the correct board so I am just going to be cheeky and post it on another board as well.

Firstly, Thanks a lot to all you good people on MSE

I was foolish enough to ignore a credit card debit of £3,000 back in 2006. This was then taken to court and a ccj followed by an interim charge on my share ownership property (50% my share) was registered on Dec 06. Earlier this week I received a letter from the solicitors threatening to pursue the forced sale of my property if I don’t settle the debt (now at £4,800). I called the solicitors to offer £100 per month payment and they insisted that I pay the whole amount within 7 days or they will force a sale on the property. I argued with them that it’s impossible as the property is not wholly mine and the housing association will not allow this to happen.

Now this got me think – that the amount they are demanding may not be the true figure set by the courts and that since I owed only £3000 of the debt and also when the debt was passed to them it was only £3,300. Realistically I should be able to claim the £300 through unfair credit card charges and possibly argue on the £1,500 added by the solicitors.

As mentioned above, I have now dug my head out of the sand and prepared to face this debt. Pay what I owe, get the charge on the property lifted and subsequently satisfy the ccj.

I need your help as to how to go about getting this done;

• Is my first point of call to contact the courts and agree on a fixed amount to pay?
• Wait for the solicitors to take me to court again therefore attend the hearing and pledge with the courts to set a monthly payment? Will this mean more charges added to the £4,800?
• Is the £4,800 likely to be what the courts set in the first place? Or have the solicitors added more charges since then?
• My understanding is that since this debt is covered as by the consumer credit agreement and below £5,000 no other charges/interest can be added to the amount the courts set when the ccj was granted.
• Basically how can I go about reducing this debt to the original amount owed (£3,000) and agree a payment plan? Although I can afford a monthly £100 p/m, I will also pay about £1000 May08 and another £1000 May09 towards the debt when I get my employment bonus. I am confident that by May 09 I will be able to settle the debt. However I am reluctant to pay back £4,800 for an initial debt of £3000

Sorry for the long post and I welcome any advise from anyone with past experience, knowledge of the law regarding such a case.

Anyone with negative comments to give or simply wanting to have a go on how stupid I have been – please don’t bother. Yes I know I have been really silly for letting this go this far but I am now ready to pay what I owed

Thanks I advance

nomoneynomoney

sorry I'm not an expert but if they have a CCJ and a charge then I don't think your in a strong position to defend yourself. If they are saying they will force the sale because you have not made the payment then I think you should take the threat seriously. Do they have a charge on your property?
I would reccomend that you take some legal advice ASAP. Have a look at the consumer action group forum and they may be able to advise you (not sure if I can plug their forum) here's the link CAG
Good Luck