Thread: can someone pls help me

Originally Posted by jinadug

to be brief, i had a CCj order against me and eventually the creditors put a charge against my property, that was not a problem because i could not afford to pay back the amount they were claiming. after this i have been having problem setting up a business, getting a loan so i am just getting by with my monthly earnings which is not covering all my expenses.

now all of a sudden the creditor have sent another letter to me giving me 10 days to pay a huge deposit and monthly installments. my question now is that can they enforce such a repayment order when they have already put a charge on the property?

What exactly are they threatening... an order for sale application?

As I understand it they have just got a guarantee that they will be paid at some point (when house sold or estate settled at death etc), I believe a debtor is able to pay off the charging order if they so wish but I didnt think a creditor could "demand" monies.

S.

Originally Posted by jinadug

thanx for responding, its not got to that stage but i think they (Debt recovery lawyers) are getting very inpatient and cant wait for long.

i think because i just got a company registered, they thought money was coming in, but the company is not functioning because of the bad credit record they have put against my name.

can they blacklist my new company?

I'm afraid thats way out of my comfort zone of answers, debts are personal but I'm not sure of the relationship between say a director of a registered company and the credit rating of that company.

S.

Originally Posted by jinadug

thanx for your advice.
but now that theyve written to me giving me a payment plan i.e. a huge deposit and monthly payment, should i write to them or should i contact the court that i cant afford their suggestion, because right now i am overdrawn on my bank overdraft.

counter offer with an amount that you can afford to pay. You'll need confirmation in writing from them ideally so they cant just up payments or muck you about and go to the judge, if they dont give it then just keep making the payment you can afford regularly and then it should look better in front of a judge.


As an aside... what was the original debt? when was the CCJ obtained, did you respond at all to any of the court papers? when was the interim charge obtained, did you attend the hearing? when was the final charge obtained?

S.

Originally Posted by jinadug

Unfortunately wheni got the first letter, i missed the court hearing, and all subsequent correspondence was not replied to by myself because i was mourning the death of my dad and my sister.
when i travelled out of the country for the burial of my dad. the judgement was passed and a statutory order was placed on my property. the amount in question is £22000 + court charges.

they are now requesting a down payment of £7,500 and a monthly payment of £50 every month.

Ok you may want to get this moved to the legal section for specific advice, in theory you could apply to get the CCJ set aside but you would need a good defence to show a judge reasonable chance of success and depending on your answer to the question below possibly an explanation of why you have wait so long to apply. This requires legwork in getting the documents and the only worry I have is the size of the judgement, would mean a fast track court and so liable for costs.

How long ago are we talking about?

If you want to get advice on possibility of overturning the CCJ which in turn would overturn the Charging order placed on the house and put you back to the start of court proceedings against you then click the red triangle and ask to move this thread to the legal forum.

S.

The starting point is could you post the original summons and your defence (if there was one) and a copy of the CCA and any other relevant docs - if you cross out anything that identifies you.