Charging orders

[Lelly3]

This is a debt that just refuses to go away no matter what I do. I'll explain. In may 2005 my son bought a car on finance through Mallard Finance, they insisted that I co sign and as he needed a car asap to get to his new job many miles away I agreed, he also bought PPI at the time. All was well and he paid by direct debit. In the spring of the following year he had a breakdown and became very depressed, lost his job and was under a pychiatrist due to me having a heart attack and being diagnosed with a rare life threating congenital abnormality. At this point Mallard told him he couldn't claim on his PPI as depression wasn't covered and eventually they repossesed the car. They then came after both of us. To cut a long story short CCJ's were issued against both of us. We couldn't pay so eventually they made a charge against our house. A few months later my son received paperwork from the court demanding that he make monthly payments, as he had started work again as a trainee he offered to pay £20 which as far as he knew was accepted. He set up a DD with Mallard, checked with his bank it was set up and promptly forgot about it. That was about 9-10mths ago. He has now had a form from the court asking for an attachment of earnings. When he rang the solicitors acting for Mallard they denied all knowledge of the £20 offer, the DD and said that they would never had agreed to it. They agreed to look into it but the only thing he has heard is the bailiff coming round with another form.
Does anyone know if they can insist he pays if they have already secured the debt against me with the charging order and if they can what happens if my son clears the debt?
Whew that was a long explaination hope someone can help. I've got other problems too due to being long term sick but I'll deal with them one at a time and post another day.
Thanks in anticipation.

[OnMyWayOut]

It still has to be paid - usually the court sets a repayment rate and the charging order is there to back it up if payment isn't made. The creditor isn't expected to wait until you sell your house without receiving anything at all. At least once you do sell the house the amount owed via the charging order is reduced by the amount you have paid.

[forgottenone]

At this point Mallard told him he couldn't claim on his PPI as depression wasn't covered

What does that have to do with a PPI claim ... isn't payment protection supposed to help you in the event of losing your job, not WHAT/WHY you lost it or any illnesses? Or I may be totally wrong.

[Pat-Uk]

Yes they can insist he pays even though the debt is now secured on your home, it's in your interest that he does.

If he pays and clears the debt then you can apply to have the charge removed from your house

[Pat-Uk]

excellent point forgotten. It might be worth you while looking into this and putting in a complaint in to the ombudsman about it.

[OnMyWayOut]

What about claiming on the PPI for the heart attack?

[Lelly3]

Thanks everyone that's a lot clearer. He's happy to pay . . . well happyish but doesn't want his work to know, if he ticks the box on the form about this will the court not attach it to his earnings and make an agreement with him? I'm clueless!