Charging Orders...

craftingqueen_2

Has anyone been to court and stopped a CO being put on your Home!

CQ

telboy99

Hi craftingqueen,
No not yet but i have to attend court end of March to try and defend one.
It wont be easy as i understand most judges are not very sympathetic and often grant the creditor the charging order.
Have a look on the National Debt Line website who give you good advice on what arguements you can put up at the hearing.
You need to attend the hearing.
Good luck

utterbar

Strictly speaking objections to charging orders should be served at least 7 days before the final hearing and there are very limited circumstances in which it is just for the court not to make the order final.

telboy99

Thanks for that Utterbar.I will get my letter into the court at least 7 days before the hearing.

craftingqueen_2

We are fighting one with NR and changing courts to one close to us. It makes me so angry because the judge ruled in our favour with the ccj and now we are fighting the ccj/co!

CQ
x

utterbar

What do you mean by 'the judge ruled in your favour' with respect to the CCJ? If there's no judgment debt then there shouldn't be a charging order.

craftingqueen_2

The judge ruled the sum we are paying on the ccj was ok and accepted it in our favour. But NR wasen't happy about that and went back to court for a redetermination and then the CO turned up last week.

CQ

telboy99

I am afraid NR are just trying to make sure they get their money-eventually.
They wont try to sell your house if they get one,but just want to ensure they secure payment some time in the future.
telboy

utterbar

craftingqueen wrote: »

The judge ruled the sum we are paying on the ccj was ok and accepted it in our favour. But NR wasen't happy about that and went back to court for a redetermination and then the CO turned up last week.

CQ

I see. Depending on the amount of the judgment debt and on the size of instalments it might well be quite difficult to resist the charging order.

craftingqueen_2

Will fight as it is one of our lowest creditors. Been told this is quite common with NR, they are going for CO's for £1,500...

CQ

utterbar

Good luck. I take it you've applied for another redetermination?