Thread: Egg Charging Order

Hello folks

This is one of those "I wish I'd found this site earlier' situations.

I got into financial difficulties as the result of an injury sustained in an accident. I approached the CCCS and set up a dmp. I have a number of creditors including Egg, all of whom have accepted the payments offered by the CCCS.

Egg, however, want to gain a charging order on my property. I've seen this mentioned in another thread but just wondered if anyone can answer my queries.

OK. When I got the county court Claim Form through I returned my CCCS dmp Breakdown etc The Judgment came back stating that Egg had objected to the payments offered and the Court had set repayments at 15 times (!) the level of the payments offered by the CCCS. Obviously I've asked for a re-determination.

First query. Egg accepted the repayments offered via the CCCS before putting in a CC claim and froze the debt, interest and charges. I have this in writing. They then reject the same payments when I offer them through the court. At the very least isn't this deceiptful? And arn't they actually being fraudulant and lying to the court?

I've now received a letter saying that they object (again!) to the repayments laid down in the judgment and that they have asked for a re-detemination. The hearing date is months away. There seems to be an obvious tactic here. They can't get a charging order unless I default on a CCJ payment, but in objecting to the payments offered, even though they've accepted them, they are banking on me defaulting before the hearing date because of the high levels of repayment set.

Second query. In using this tactic they are forcing my hand. I don't want to default so am borrowing money off my parents in order to satisfy the CCJ repayments. Does this go against any OFT rules? Would this be harrassment? Any advice would be gratefully received.

I'm amazed they can get away with this.

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I'm sorry to hear about this.

I've also been on the receiving end of Egg's tactics.

Do you believe the amount of the CCJ is correct? Might any of it have been made up of charges which you can challenge?

Best wishes.

That's completely mad

How can anyone justify a charging order as part of a responsible lending policy?
They should be looking into a customer’s income and expenditure and looking for a way to make the debt manageable even if it means increasing a term a reducing an interest rate. I can't believe the high court is allowing this to happen it's making a mockery of everything I stand for being a qualified IFA and it certainly only benefits the banks who quite frankly have squandered to much of my tax based contributions already. Charging orders are as bad as subprime lending and should never be allowed after all the bank signs a contract to allow the monies on an unsecured basis so and if it was the customer that wanted to change the contract to the banks detriment then they would say a contract is a contract. [/font]
[FONT='Verdana','sans-serif']Has the world gone mad or do people enjoy this financial recession. the chancellor needs a slap and the high court judge needs a shrink I mean first they allow unfair bank charges to stand and now this no wonder people commit crime and live on the dole it's far less risky than an honest life.[/font]

Originally Posted by Doshdog

Hello folks

This is one of those "I wish I'd found this site earlier' situations.

I got into financial difficulties as the result of an injury sustained in an accident. I approached the CCCS and set up a dmp. I have a number of creditors including Egg, all of whom have accepted the payments offered by the CCCS.

Egg, however, want to gain a charging order on my property. I've seen this mentioned in another thread but just wondered if anyone can answer my queries.

OK. When I got the county court Claim Form through I returned my CCCS dmp Breakdown etc The Judgment came back stating that Egg had objected to the payments offered and the Court had set repayments at 15 times (!) the level of the payments offered by the CCCS. Obviously I've asked for a re-determination.

First query. Egg accepted the repayments offered via the CCCS before putting in a CC claim and froze the debt, interest and charges. I have this in writing. They then reject the same payments when I offer them through the court. At the very least isn't this deceiptful? And arn't they actually being fraudulant and lying to the court?

I've now received a letter saying that they object (again!) to the repayments laid down in the judgment and that they have asked for a re-detemination. The hearing date is months away. There seems to be an obvious tactic here. They can't get a charging order unless I default on a CCJ payment, but in objecting to the payments offered, even though they've accepted them, they are banking on me defaulting before the hearing date because of the high levels of repayment set.

Second query. In using this tactic they are forcing my hand. I don't want to default so am borrowing money off my parents in order to satisfy the CCJ repayments. Does this go against any OFT rules? Would this be harrassment? Any advice would be gratefully received.

I'm amazed they can get away with this.

If a judge has ordered that you pay a set amount of money at certain intervals and you stick to it EGG can do what they want but you have followed the judges direction.
Can you scan the CCJ removing all identifying and post it up

Doshdog,
Can you also give a bit more background on how Egg managed to get the judge to set payments which in your own words means you have to lend more money in order to pay them? A bit more info on the court case may also help>
You may be better asking the site team whether they consider this thread to be better served in the legal forum.

DD
You could visit the HMSC website and download the variation form N245, submit this to the court with evidence that you are not in a position to pay the current amount.