Ccj

Perrywinkle · 21st November 2006, 12:43

Just got a ccj in the post. im not sure where to proceed from here. I want to make a payment arangement but dont know how to go about it. I want to keep the baliffs off my door.

Any help and advise would be greatly appriciated. Im sure there are things posted on here about it but i cant seem to find it.

thanks

i_spam · 21st November 2006, 22:06

Right. did you know that there was a court case pending ?

Perrywinkle · 29th November 2006, 17:52

No i dodnt know it was pending. But I send a request for payment arangements detailing my financial situation.

Now they want to do somthing with my property. I think its secure it on my home if i were to sell it. I recieved this after i sent my reply, but i still havent heard from the courts about that.

sequenci · 29th November 2006, 20:31

is it possible to have a bit more info?

was it the admission form that you replied on? (this is called n9a)

did you offer a monthly instalment?

is it a voluntary charge they want? or have they requested an interim charging order?

the more info you can get me the better i can help!

thanks!

Perrywinkle · 30th November 2006, 08:55

Yes, I had an admission form. I sent it in admitting that I owe the debt.
I do owe the debt, and plan to pay it. Right now money is tight.
Im on icapasity benifit due to severe pregnancy benifit and my husband is on JSA ( he lost his job last year right before i was due with my first child and there are no jobs available were we live at this time.)
With that form I sent in an offer of a payment i could afford at the time.

The judjment came back saying i had to pay the full ammount. When i phoned the courts they told me to reply to the judgement with a letter asking again with a payment offer. Again explaining my circumstances, but going into more detail of money comming in and going out. I did so before the 12 day deadline. No reply from the courts yet.
2 days after posting that off I recieved a letter saying that they have applied to the court for a charging order on our house. Now i dontknow what to do.

sequenci · 30th November 2006, 09:38

Quote:

Originally Posted by Perrywinkle

Yes, I had an admission form. I sent it in admitting that I owe the debt.
I do owe the debt, and plan to pay it. Right now money is tight.
Im on icapasity benifit due to severe pregnancy benifit and my husband is on JSA ( he lost his job last year right before i was due with my first child and there are no jobs available were we live at this time.)
With that form I sent in an offer of a payment i could afford at the time.

The judjment came back saying i had to pay the full ammount. When i phoned the courts they told me to reply to the judgement with a letter asking again with a payment offer. Again explaining my circumstances, but going into more detail of money comming in and going out. I did so before the 12 day deadline. No reply from the courts yet.
2 days after posting that off I recieved a letter saying that they have applied to the court for a charging order on our house. Now i dontknow what to do.

i'm guessing you applied for a re-determination? please say you did? this would have been within 14 days of the original judgment.

the court will have to deal with the re-determination prior to considering the charging order application. you *must* ask for an instalment order backed up by a decent statement of means (your income and expenditure)

hopefully the judge will allow you to have an instalment order which would then mean that the creditor couldn't apply for the charging order unless you default on the instalments.

Perrywinkle · 30th November 2006, 21:07

Yes, it was re-determination. Whew.

What happens if the charging order is approved? Id rather be aware of what may happen then stick my head in the sand about it.

Fingers crossed the judge will accept my payment offer.(re-determination request)

sequenci · 30th November 2006, 21:22

Quote:

Originally Posted by Perrywinkle

Yes, it was re-determination. Whew.

What happens if the charging order is approved? Id rather be aware of what may happen then stick my head in the sand about it.

Fingers crossed the judge will accept my payment offer.(re-determination request)

all the facts are in this factsheet that is produced by my workplace:

http://www.bdl.org.uk/images/15_ew_chargingorders.pdf

the mercantile credit case law is very important, in a nutshell they cannot go for a charging order if you do not default on an instalment order.

Perrywinkle · 1st December 2006, 11:03

Thank you for all your help. You have been a god send explaining all this to me.

Hopefully the installments will be approved by the judge so the charging order would be denied.

I hate when things go pear shaped financially. I know things will improve though, and then we can get back on track. Time to scrimp on the nice things still and just pay them off asap when one of us is working again.

Again, thanks for all your help.

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