This topic was closed on 03/08/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

He's self employed. He started his own business when she was with him, which is where some of her money went, in helping him out with some of his bills. He was Limited for the first 12 months and then moved premises as he had a sizeable rates bill to pay and dissolved the limited company. He told her she's not getting any of her money back. He moved back in with his parents and rents his house out. We know he takes in cash from his business as he did it when he and my daughter were together. He can afford to pay her, but she just can't get the money out of him. The judge was aware that the property was jointly owned, was he wrong to grant a Charging Order?

My daughter took her ex to court over monies he owed her, currently standing at over £6k. She won but he paid her nothing a year later she went back to court and the judge awarded her a Charging Order over his property (he co-owns with a previous ex). She has tried to register the Charge with the Land Registry but they appear to have awarded a Restriction. What is the difference and what should she do?

Okay, thanks Andy, I'll give that a go tomorrow :-/ It's not a conversation I'm looking forward though - I'm sure I'll get tied up in knots. As I said in the beginning, I've never denied owing it, it just escalated and became more and more difficult to make repayments. Dare I ask if you could give me some pointers for dialogue (it's not something I've done before!)?

Okay, thank you! So I shall be putting together an offer letter this weekend, sending it out Monday. Do I just make an offer, or do I have to detail my income/monthly expenditure to back the offer up?

On a debt of £6k what would be a realistic offer of settlement? Do I only get one shot, they throw it back at me and ask the Court to remove the stay? Basically, I'd have to borrow from a family member and funds would be limited (I have no savings of my own) How negotiable at these people?

I thought so, hubby just thought it might have been worth a go given that they weren't compliant. So it's also not worth asking if they have a copy of the original agreement then? I suppose it's just dragging out the inevitable. Hubby is still telling me I should write to the Court asking for is to be struck out, but I suspect they will contact Drydens who can argue that they won't allow it. Would that be right? I'll apologise now Andy, for not taking your advice - you have helped me with the best of intentions, and I feel I have let you down too. I really wished I'd understood more about the striking off, but I didn't. Anyway, back to the next step! Do you think they'd accept a f&f settlement, and what sort of amount do you think they'd accept (I have already mentioned my m-i-l has offered in order to help me) Same with a monthly payment too, as I don't want to offer more than I can realistically afford.

My husband has just posed this question: "As I understand it Drydens had 14 days to come up with the signed CCA, which they didn't do. Almost 5 months later they write saying that they have the signed CCA and are asking for offers of payment. They have not gone to the Court at this point, asking for the stay to be lifted as yet. Can we not write to the Court now and ask for the claim to be struck out before Drydens apply for the stay to be lifted, ie is there a time limit on asking for it to be struck out. Surely if they were confident of a win they would have gone to the Court to ask for the stay to be lifted rather than come straight to my wife to ask for payment." I understand what he means, inasmuch as they had 14 days to provide the proof, they didn't. They are the people who deal with this every day but didn't follow procedures.

Hello Andy I deleted my signature, which is alongside the date on the second page of the agreement (if that's what you are referring to) What is a Notice of Assignment - I shall check to see if that is within the paperwork they sent me. Also, what is a Tomlin Order? Also, should they proceed to Summary Judgement what happens? Please accept my apologies for the questions. I feel I have let you down as you have been so helpful, and I just totally didn't follow it through, not for just one reason, but that really is no excuse.

I hope this works!

Ostrich syndrome Oleg. Once I'd missed a couple of payments early on on this debt, with the amount of other cc payments and severe lack of income at that time, I was on a hiding to nothing. The smaller debts I felt I could manage. But this one's not going to go away. I don't understand the Court system and have been kicking myself hard since I learnt that I should have contacted the Court myself. I truly believed that they would contact me had Drydens not responded within the 28 days.

Work's machine will definitely work. I do have a pdf button on my home machine but nothing happens when I press it. It does, unfortunately, look like the agreement. Believe me Oleg, I have been having sleepless nights over this and no-one is giving themselves a harder time than me.

I'm going to have to scan them at work tomorrow My home scanner just isn't allowing me to.

Drydens letter and photocopy of agreement

This is the initial acknowledgement from the Court to my defence. I think I got confused over the first paragraph which suggests that the Court would inform me of what will happen. I checked mconline and, again, there's only an acknowledgement. I didn't realise the onus was on me to pursue it.