Court tomorrow for Charging Order on house, any advice??

LJW_2

My turn to be thick but whats a CCA? bet it's something really simple!!

Conor_3

Consumer Credit Agreement. Courts/Judges only take notice of there being no enforcable CCA if its brought to their attention by the defence.

LJW_2

Thanks Conor, could you tell me what that means for us? Got the charging order today but not heard a mention of a CCA!!

Deep_In_Debt

My point exactly LJW. I'm not trying to evade my debts in any way, but do courts rely on enforcable CCA's?

stapeley

stapeley wrote: »

Sorry but its abit late in the day . CAB are just over stretched to be of any use . You could maybe ask for a stay , is it a credit card debit or a secured loan ? You could ask the judge for a stay as you have been unable to get advise from CAB . Would could request to see the CONSUMER CREDIT AGREEMENT that relates to the account .

Did you read this before you went to court ????

Deep_In_Debt

But do the courts take any notice of CCA's?

LJW_2

Hi stapely, the debt was for an old mortgage settlement! it was my oh not mine. Would this make any difference?

fatbelly

Hi LJW

You've explained about the debt in your previous thread, which is why i put the link in post 4

It's got nothing to do with the Consumer Credit Act.

Judges nearly always grant charging orders on enforceable debts. I didn't want to discourage you from having a go when I posted earlier. As you noticed, most judges appear to have made up their minds before they see you. They would probably deny this but I've been in on a few cases and that's the way it seems to me.

As for forcing a sale, as others have said it hardly ever happens - I've never even seen one attempted in my local court and I'm there two or three days a month.

They can only apply interest after judgement in limited circumstances. There isa remedy if they try this. If it happens post again and also talk to National Debtline who have info on this.

Yes it is good practice to agree repayment terms but do not be pressured into agreeing something that you can't afford. After all the debt is now secured and they will get their money back.

LJW_2

Thanks fatbelly, yes you can tell that the judge has made up his mind before he see's you!! not very fair though sure you would agree:mad:

Yes if interest is added on I will let you know, could do with the advise.

Do you think they would accept £30 per month!!

anne_marie1

:j It will make it very difficult to be made bankrupt or for creditors to refuse reasoable offers.There is a law passed last October but has not become statute yet.Anne Marie 1

loopylu36 wrote: »

What are the new laws? I've had court papers from Northern Rock and I'm waiting on the judgement decision, but NR usually go for C/O's so I was just wondering if these new laws might help me at all (might be too late by then tho... )