Ccj And Charging Order

laccal

I Have been informed by Phoenix recoveries who took over my SAINSBURY Credit card that they are looking at putting a charging order on my property as i am a home owner.

I pay regular amounts to payplan and have been for about 2 years never missing a payment

reading the forums am i right or wrong in saying that they apply for a CCJ first and then a charging order or is it all done at the same time.

Does a CCJ go hand in hand with a charging order.

ie if i was not a home owner would i still get a ccj

resigned to the fact of getting ccj its just my nine other creditors have not tried this.

has anyone got experience of this ............... very worried as i do not want charging order on property as they all might try it!!

questions,questions questions:eek: :eek: :eek:

penguin83

The creditor would need a ccj and you would need to be in default of the order made ie behind on payments that the court set before a charging order can even be applied for. If you are served with court papers then you can ask for the court to set judgment at a rate you can afford (the rate you are currently paying to payplan). As long as payments are maintained then they couldnt even apply for a charging order. x x

Hope this helps x x

mrsclecoco_2

Hi i'm in a similar situation with Nat West, sent court papers for the ccj back about 2 weeks ago not heard anything yet.
I'm like you when the letter said charging order I freaked but i'm not planning on defaulting the cccj so they will have to wait!!!
I don't want my other 9 creditors jumping on the cccj wagon but nothing I can do if they want to.
Try not to get too stressed out, being with payplan proves you are trying to sort out your situation.
x

shinyhead

Hi,
I had two ccj's from the same creditor (different accounts) served on me last summer. They were for far more than my cccs payments to them. I was advised by cccs that this would probably happen and to appeal. The advisor said that they would probably lower the payment and go for a charging order as well. At the same time I had a tax refund so as I had the money to pay for a while I didn't appeal. Last couple of months I have struggled and next week I'm filing for an adjustment. Last few payments have been late by a couple of days. 'Falling behind' with your payments on a ccj is the main reason they can apply for a CO.

Last week charging order paperwork relating the larger of the debt on ccj arrived in post. Last week I was really scared. This weekend I've mostly looked through this forum and found a wealth of info. I am going to contest and send off the paperwork for that as well. These creditors threatened me with a charging order when I started my DMP over 2 years ago, everytime I mention a CO to CCCS they seem very laid back about it. After looking at a post on this forum I looked up National Debtline's website and it is a mine of info. Now not really worried about going to court. is the property in your name or joint with someone else? If joint then it seems to be a pointless exercise. Sorry havent learnt how to put links in yet but if worried Look up Nat Debtline.

I too have been referred to phoenix from sainsbury's cc and they are threatening similar. Sorry I rambled. First they have to issue a ccj. It doesn't matter whether a homeowner or not. One positive thing about one is that it locks in not only you but your creditor. If it starts to seem a ccj is on the way the don't hesitate to PM me.

laccal

thanks for all the info.

the mortgage is in joint names and the debt just mine (lucky me)

how does that make a difference re charging order. .......phoenix seems to be one of the aggressive type!!!

shinyhead

One reason is that you only have 50% of the house equity for them to try and grab. There are loads of reasons- really suggest you take a look at National Debtlines website. Don't forget that first they've got have a ccj against you and then you fall behind with the payments.

laccal

sorry to be a thickee.... is the ccj on just me not the house, also what happens if we want to move.

i presume its only registered with land registry if its a charging order and not just a ccj.

penguin83

CCJ is just against you not the address.

Yes the Land Reg are notified only once an Interim Charging Order is granted (as is anyone else with interest in the property such as a co owner or mortgage company). Once you come to sell the property if a Final Charging Order is in place the charges against your property will be paid off in date order ie mortgage then secured loan then charging order etc. x x

laccal

i wonder if these companies speak to each other!!!

about a week after the above letter i rec another from howard cohen solicitors acting on behalf of CL Finance ltd stating that they have taken over my Barclaycard debt (from barclaycard) and hace started court proceedings re CCJ without any notice or previous correspondance!!......this morning the said court papers land on the mat!!

now i am at the worried stage. 2 in a week, just unlucky or what!!!!

On a (very) serious note the CCJ side is frightening. Its time for a call to those lovely people at payplan. Has anyone else had any dealings with cl finance or howard cohen sols.