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    • 4ur4
    • By 4ur4 11th Oct 19, 4:33 PM
    • 2Posts
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    4ur4
    Link Financial Judgement In Arrears
    • #1
    • 11th Oct 19, 4:33 PM
    Link Financial Judgement In Arrears 11th Oct 19 at 4:33 PM
    Hello everyone, any advice would be greatly appreciated!

    In a nutshell, about 6 years ago, I defaulted on a credit card (Lloyd's) and it went to court, judgement made and agreement made to pay in installments, I don't believe I ever made a payment, they then applied for a charging order, right or wrong, advice online was to not worry about it as debt was in my name only and home is jointly owned.

    2 or 3 years ago, I started receiving letters from Link which was basically a statement of account, nothing more, nothing less, balance is always the same. Number to ring if I wanted to talk, never did so in the shredder they went.

    Couple of days ago, received letter "Judgement (case number) In Arrears then instructions given to call them immediately or if I don't, their solicitors will be" instructed to take enforcement action" and bullet points of threats of action listed (can list if you like but it looks like a standard letter tbh).

    Any initial advice would be greatly received and my apologies if this is posted in the wrong place!
Page 1
    • zx81
    • By zx81 11th Oct 19, 4:42 PM
    • 24,153 Posts
    • 26,874 Thanks
    zx81
    • #2
    • 11th Oct 19, 4:42 PM
    • #2
    • 11th Oct 19, 4:42 PM
    Give them a call and make an arrangement to pay.

    CCJs don't go away.
    • 4ur4
    • By 4ur4 11th Oct 19, 4:54 PM
    • 2 Posts
    • 0 Thanks
    4ur4
    • #3
    • 11th Oct 19, 4:54 PM
    • #3
    • 11th Oct 19, 4:54 PM
    Thank you.

    I could, sure. What about the charging order? I seem to remember asking online about this and was told basically "you defaulted on CCJ so they went back to court and a charging order was granted" so I assumed they'd try to get their money that way, what's the legal standpoint you reckon?
    • sourcrates
    • By sourcrates 11th Oct 19, 5:29 PM
    • 18,633 Posts
    • 17,552 Thanks
    sourcrates
    • #4
    • 11th Oct 19, 5:29 PM
    • #4
    • 11th Oct 19, 5:29 PM
    Orders for sale, the end result of the charging order process, are extreamly rare, so rare in fact, stats are no longer kept, that does not mean they do not happen though, however, if your property is owned jointly, it will be nothing more than a restriction.


    The most likley form of enforcement will either be an attachment to earnings or bailiffs knocking on your door, then again it could just be a bluff to get you to pay up, each stage of enforcement costs the creditor more money, the choice is yours, you can throw caution to the wind and ignore it, as long as you are well aware of the potential consequences of non action.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File and Ratings, Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to:
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    Any views expressed are mine and not the official line of MoneySavingExpert.com.
    For free debt advice, contact either : Stepchange, National Debtline, CitizensAdviceBureaux.
    • Davy Jones II
    • By Davy Jones II 11th Oct 19, 5:49 PM
    • 411 Posts
    • 756 Thanks
    Davy Jones II
    • #5
    • 11th Oct 19, 5:49 PM
    • #5
    • 11th Oct 19, 5:49 PM
    Why not just pay? You owe the money, the courts have agreed this, what’s the reason not to start getting it paid off?
    • nic_c
    • By nic_c 11th Oct 19, 8:01 PM
    • 2,181 Posts
    • 1,139 Thanks
    nic_c
    • #6
    • 11th Oct 19, 8:01 PM
    • #6
    • 11th Oct 19, 8:01 PM
    charging orders mean a charge is put against the house, much like a mortgage of secured loan is, but just because there is a charge does not mean the creditor will sit there until you decide to sell or remortgage. Not sure they would force a sale but as stated secondary enforcement could be taken like a Warrant of control or Attachment of Earnings, as stated. Each have costs.

    You don't mention what your financial status is as the ability to repay, but CCJ's don't go away as stated and not sure why you were told not to worry - sounds like bad advice letting debts simply increase through extra court action.
    • Ben8282
    • By Ben8282 11th Oct 19, 8:40 PM
    • 4,037 Posts
    • 2,217 Thanks
    Ben8282
    • #7
    • 11th Oct 19, 8:40 PM
    • #7
    • 11th Oct 19, 8:40 PM
    1. After the ccj was obtained and you agreed to repay in instalments, why did you never pay anything.
    2. Exactly when was the ccj obtained and exactly when was your last contact with anybody about this debt.
    3. Exactly when was the charging order obtained and by who?
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