charging order

fedupwithmuppets · 13th April 2008, 21:12

Can someone tell me whether or not a creditor can get a charging order against your property? The reason i ask is that i have made Cahoot two offers, the first being a full and final offer which they turned down flat and the second i offered a tiny amount off both my loan which is only £800 and a credit card which is about £5k with a copy of my income and outgoings which clearly shows that there is no more money to pay them, they turned this down flat also. I have got concerned as i have been reading threads on here that talks about a charging order against your property and i am beginning to think that this is the route they will go down. I am hoping to either sell the house of rent it as i have a job in Canada and this is the last thing i want to happen, although there is no equity in the house so they would probably be wasting there time. I am now sending the a CCA request but if anyone can explain these charging orders to me i would be grateful and what they think will happen next.
cheers for taking the time to read my posts you all do a great job

DocH · 13th April 2008, 21:47

In order for Cahoot to get a Charging Order on your property, they must first get a CCJ. You will have to have defaulted on that CCJ before they would be allowed to apply for a Charging Order, unless the order on the CCJ was for a 'forthwith' payment of the whole debt. Even with a 'forthwith' you can apply to the court to change that to an installment order. To get a CCJ they will have to take you to court and win their claim. Before they can take you to court they must have first issued you with a Default Notice.

You need to get your CCA off to Cahoot as soon as possible. Don't forget don't sign the letter, just print your name and send by Recorded/Special Delivery. If you get anything back from them then post it on here, minus your personal details, and let the experts take a look at it.

fedupwithmuppets · 13th April 2008, 21:54

cheers for that i'll get the CCA's off tomorrow and post any outcomes

sequenci · 16th April 2008, 18:05

Best of luck, let us know the outcome!

CAG Products - We think that these will help you to make your claim or Reclaim your Right These sales also help us to keep helping YOU and keeps this site free of third party adverts!

Small Claims Kit--	Small Claims Court Guide New Edition	CallBurner - Skype CallRecorder Review	Last Will & Testament Kit	Fight a Motoring Ticket

Alternatively you could purchase a CAG email address here, or maybe you'd prefer our address labels here
UPDATE: Consumer Forums ConsumerWiki is now LIVE - click here: ConsumerWiki