I did receive the ccj in default notice just not some court papers you get when they are going for the ccj. I dont know anything about enforceable agreements etc, wouldnt know how to check or what to check. Can I ask for the hearing to be delayed whilst I organise myself better as I really dont know what I am doing. Does anyone think they will just go the bankruptcy route if I contest this charging order or do you think it would be better to let them have it and get the judge to say they cant force a sale. I dont know what to do next, and could do with someone to steer me through.

Background - I have a DMP with CCCS and one of the creditors is Natwest for £10,000. (This equates to a third of my total unsecured debt). The payments to CCCS are up to date and they pay them £67 a month. A few months ago I received a letter from Eversheds re this debt and rang Natwest credit management to ask them why when the payments to them were up to date. They said that it was probably because my review with CCCS needed updating and just to sort that out and everything would be fine. This I then did only to receive a notification of a CCJ being awarded. I did not receive the papers for the court case but after I got the notification, I wrote to Eversheds and asked them what was going on as this debt is being paid by CCCS. The guy there said that Natwest were going for a charging order to secure their debt but that they had no instructions to force a sale, just that they wanted more security. I told them that I hadnt received the CCJ court papers (they were awarded by default) but please could they reapproach Natwest and ask them to stop any further proceedings. I explained there was little if any equity in the house, I have 2 kids in full time education, one of whom has special educational needs and medical problems and plenty of other creditors. (My kids are actually adults at 18 & 20 but are in college and uni) The solicitor guy just said that having other creditors was irrelevant as they would be informed and havent objected! I have been waiting over a week now for him to get back to me after seeking further instructions from Natwest but he appears to be stalling. The hearing is a week today for the final charging order and I am wondering if he is stalling so I run out of time. I have contacted the court to request the case is moved to our local court and am waiting for a response. Also, I had another creditor try to get a final charging order a couple of years ago but the court disallowed it as they could see we were trying to repay or debts. I read somewhere that if a court refuses a final charging order for one creditor it cant then agree it for another but I cant find this now. Am I right here, does anyone know? Half of me thinks I should just let them go ahead because I am worried that they will then apply to make us bankrupt instead. Do you think this is likely? I truly believe the solicitors are just after their fees so are not keen to get the case dropped. Dont know how to proceed now, any advice bearing in mind the hearing date is next Friday.

Thank you so much for your replies, it warms the heart to realise there are decent people out there!

Hi, I am trying to help a friend defend a parking charge and need help with a letter to Graham Whites solicitors which will stop them harassing my friend. Background info, My friend is a drummer in a local gigging band. They were doing a charity freebie one night about a month ago. He has the trailer attached to the back of his car which does make parking difficult anyway. However there is a huge carpark (technically for customers) across the road from the venue which was completely deserted as the shops were shut. Some of the local people use is regularly out of hours and he was advised it would be ok. After the gig, he came out to find a parking fine notice for £100 from AS Securi-t. Again, was advised by other people not to pay as they are just [problem]sters. My friend was really worried about this but went with it as he has no money anyway as he has just been made redundant. Then a fortnight later received a letter from Roxburgh (UK) Ltd saying the fine was now £150, so he ignored this aswell. However now he is really worried as just received a letter from Graham White solicitors titled 'Notice of Intended Litigation' threatening county court action and adding £207.25 costs so now a total of over £350!!! Naturally he is really concerned due to rising costs and the fact he has no money anyway. He is a more mature guy who hasnt experienced the scamsters before in his life and is worried that he will just have to pay it. My understanding is that these tickets are unenforceable anyway. I also believe its some kind of contract thing they have to take the driver to court for but they would need to prove that wouldnt they? Can you help with a short but sweet letter i can send to the solicitors to stop them. I want to help as he is an all round nice guy, not very computer savvy and always goes out of his way to help others. Thanks

I have received an interim charging order from Eversheds as a result of a ccj on a loan with Natwest. Just a bit of background info - This loan is for £9000 and £2000 overdaft. However both are part of a dmp with CCCS which is up to date (they get £70 per month). A few months ago i started getting letters from Eversheds requesting the full amount and i rang Natwest credit management to find out what was going on explaining that we were paying the debt back though our dmp. The natwest person said not to worry as it was probably just because our review with cccs was overdue. We got the review updated and payments continued. However, they still went for the ccj and had it awarded. I cant afford to have it set aside. They have then gone for a charging order which is scheduled for 18th November. I contacted Eversheds asking why they are doing this and they wrote back saying they clients just wanted to secure their debt, that they had no instructions to force a sale and natwest had no intentions to do so. What do I do? There is little if any equity in our house and our first mortgage is actually with Natwest! We do also have a second charge with Nemo. We have 12 other creditors although we are most indebted to Natwest for this loan. I have 2 adult children still at home both in full time education. My daughter is 20, in college but she has special educational needs and medical problems. However we do not get any child support for them because of their ages. We went this route with one of our much smaller creditors and their charging order was refused. I think i have read somewhere that subsequent orders cant be granted to another creditor but i may have that wrong. I obviously dont want them getting the charging order as they could just change their minds and go for an order of sale but, I am worried then that they will just get tough and try to make us bankrupt instead out of spite for not getting their way. Any advice as to what to do next. I will get the ball rolling by trying to get the hearing transferred locally if I can. Can anyone help?

I have today paid the last bit of a parking fine but am having trouble with Marstons over their extortionate fees. One hand delivered letter and nothing more but a fee of £235 for them which i am refusing to pay as i dont believe they can charge anything near that. I have asked for a breakdown but they are not providing it. i have paid the £50 i owe on the debt and my understanding it that they cannot attend for their fees. Am i right about this? I have rung the bailiff mobile and told them i have paid the o/s debt and am disputing their charges. I have told them i have taken legal advice and was recording my message (I have) just still worried they have a loop hole. Anyone avise further?

I have a PCN which is partly paid but was passed to Marstons to enforce. Like i say, there is 50 pound left to pay because marstons wouldnt accept an installment plan. I got a hand delivered letter through the door a week or so ago saying bailiffs due to attend to remove goods and adding 235 pound fees on top. I am happy to pay the remaining debt but really unhappy about the fees which i believe to be extortionate. There has been nothing other than the hand delivered letter, no levy etc. I believe you can pay the debt and the bailiffs cannot attend for their fees but is this so. Also dont know how to pay them. I have been on their online payment website and when i put the ref in it doesnt accept it prob to stop me just paying the pcn charge. Worried that if i give my debit card details they will just take the whole 285 quid not the 50 i want to pay. Bailiff says they are due to call again tonight or tomorrow. Can i insist they only take the 50 quid off my card. I have requested a breakdown of their charges twice now but they are not forthcoming. Any advise appreciated!

I have received a final notice from marstons on a remaining £50 due on a parking fine. I have been paying this in installments even though marstons wouldnt agree instalments. Had no choice due to being on dmp and not having full amount. Now hand delivered warning saying they want extra 230 quid on top for their costs plus o/s amount. There was no need to take things this far as i was paying the fine (disputed fine in the first place but thats a whole different issue). Just seems they are trying to get fees from me anyway. No previous visits and just this warning by hand, no levy on anything although verbally in a phone call bailiff said they would be taking my car. Car wasnt at home when they called. Can i just pay the o/s fine amount as read somewhere that they cannot attend to remove goods for their fees alone or am i just creating more problems for myself. Seems so unfair when i am already paying them and not refusing to pay. If i was refusing i would understand their stance. Any advice would be appreciated.

I have today received a Final Notice from Marstons which was shoved through the front door even though someone was home. Background is that i received a parking fine i thought was unfair but to no avail and ended up with a 90 quid fine that i could not pay in one go. Council appointed Marstons and i said i could only pay in monthly installments of 25 quid of which i have paid 2 amounts now. They said i couldnt do that and wanted the whole amount in one go. They have now sent this letter saying unless i pay 286 quid immediately they will attend to seize the car or remove other items for sale by public auction. I rang the named person on the letter. She said the hike in price was because of it being escalated to warrant. She also acknowledged that i am not refusing to pay the original fine but said the council had escalated it and it was out of their hands. I only have 40 quid to pay and could do that in a couple of weeks but now they are demanding 286. What can i do? They say they will attend either one evening this week or one morning this week. Is this just bluster, what can they actually do and what can i do to sort this out?

Hi sorry to have taken so long getting back to you but computer was in the shop. Yes the judge did give them an interim charging order. I believe there is no hearing for this once they have been awarded a ccj. They got the ccj by default as i didnt get the paperwork from the court and basically couldnt afford to get it set aside. Creation are part of my dmp with cccs but were unhappy with the length of time it would take to be repaid. Dont worry too much, I would be happy to help you with what to say at the hearing if it went to a final charging hearing. The judge actually seemed peed off that creation are bringing all these cases to court.

Hi, just came across your thread today as i havent been on for a little while. I have been in exactly the same position with Drydens and over a a creation account aswell. They got a CCJ, then an interim charging order. The whole time i was writing to them asking them to be reasonable as they were being paid through the CCCS but like you they said it was going to take too long to pay back. I was panicking over the final charging order hearing which was a couple of weeks ago but the judge refused the order and basically said its was a petty amount (1000) and it was clear i was taking responsibility for my debts. It would appear Drydens are going for charging orders a lot atm but arent getting them allowed. I cant help you with the legal ins and outs as i dont know enough about it all unlike some on here who are brilliant help but offer an understanding ear. Hope all pans out well for you.

Hi, thanks for replying to my post. Just had a look at your case as you mentioned it. Cant really offer any concrete help as pretty green with all this stuff but you have my support and best wishes. Totally agree with you... a problem shared. The guys and gals on here who are clued up are a godsend and i am sure will help you as much as they can. Good luck

Thank you everyone for your support and for the merging of my posts. All you who are going through this, i sincerely hope you get the same outcome. I guess mine was for a relatively small amount but it still stresses you out beyond belief so i am with you all in support.

Just got back from the court the judge refused Creations application to finalise the charging order. He said that it was clear i was taking responsibilty for my debts and as there is no or very little equity in the house he was refusing it. I pay Creation through the CCCS albeit at 5 pounds a month on a 1000 pound debt. Obviously in one way the judgement is great but whats the likelihood they will try to make me bankrupt instead out of pure spite. Dont know if it would have been better to let the charging order stand. Very confused now. Any advice?

Any advice anyone. Have been trying to get my head around things for today. Think i have a few things in my favour ie Debt is in my name but house jointly owned 10 plus additional creditors most of whom more indebted to Daughter in college but longstanding kidney problems and acute hypertension Son in sixth form doing A levels I sent a letter to the court this hearing was originally scheduled for explaining that this was being paid through cccs but havent sent objections to this court (original court transfered to local court) I wasnt aware that i had to send objections 7 days before until last night on reading other posts. Can i take in written objections today? Seems that most charging orders get agreed anyway but what restrictions should i request the judge set. Any help would be greatly appreciated, tbh cccs havent helped at all and i am finding out stuff myself through the internet but feel grossly unprepared. Thanks in advance

Not sure if this is the correct place to post so please excuse if it isnt. Creation through Drydens solicitors are going for a final charging order tomorrow at 3.30pm. This debt is for £1000 and has been paid through CCCS for the last year at £5 per month. It hasnt stopped the solicitors though, they applied for and got a ccj by default as i didnt receive the papers. I couldnt afford to have the ccj set aside so then got an iterim order and now this final charge hearing tomorrow. All along i have corresponded with the solicitors asking them not to take this further but they have said at the present repayment the debt would take too long to repay so they need security. It is my debt but our house is jointly owned and i have been reading on the internet that they will only get a restriction. Also worried that if i challenge it and stop the order they will get nasty and go for bankruptcy or something. We have 15 other creditors in total, been on a DMP for 1 year and everyone else is ok (ish) with us. Any suggestions

I have been writing to Wonga continuously for a few months now trying to get them to agree an installment plan but they dont even acknowledge my letters which i have sent recorded delivery. I than got a letter from Barker and Lowe. I sent them a letter and it was returned unknown at this address. Today i have received a letter from Sherwins saying debt is now £1400 on original debt of £400. Who are Sherwins, are they just Wonga under a different guise. Cant get anyone to respond but i guess for them it just keeps things going longer so they can keep piling on the interest. Any suggestions?

Despite writing numerous letters to both of these offering to repay them by instalments, they do not respond at all and months have now passed. I am so sure that they avoid replying so they can add on more charges. The quickquid one is being dealt with by Mackenzie Hall and i have sent yet another letter today demanding they respond to my offers and also saying i believe a judge would take a dim view of them not trying to reach a mutually acceptable agreement. They just send more letters threatening court action. Wonga are using Barker and Lowe which i know is just another desk at Wonga. My last recorded delivery letter was returned addressee unknown! I sent a similar letter to Wonga as sent to Mackenzies but did put that i hoped they werent ignoring my letters in order to bump up the charges. Has anyone got any idea how i can pay them when they are not giving me their account details. I have told them that i will pay by standing order to safeguard my bank account but i could do with finding a way to pay them in case they dont send the account details i requested. I know not to send a cheque as they could get details off it for my bank account. If they take it to court, do you think a judge would accept i am trying but they are being obstructive. I have kept copies of the leters i have sent to them both. Maybe it would be better if they did go for a CCJ, what are your thoughts on this.

I did want to know if Natwest could access my RBS account. I was aware that they are part of the same group but didnt know if they could just cross pilfer from me. Looks like i cant use the RBS account then:x

Browsing for another reason found info that has worried me. Presently on a dmp and have 2 bank accounts, one with halifax and 1 with RBS. To my knowledge none of my creditors are linked with Halifax but i have a large debt to natwest. Can they access my RBS account for funds to put towards their debt. I have heard about banks doing this but can they access funds in a bank that is under the same umbrella but not actually the same bank.

Really appreciate the help. Am going to look at this all tomorrow evening again and am sure i am going to need a lot of help as its all greek to me at the moment. Will post again as soon as i have details to hand Thank you

I kind of understand the snowballing idea but we have 16!!! creditors with cccs totalling 35k. The ccj i presently have got in by default. We didnt receive the initial court papers so didnt defend, they got judgement for the full amount £1000. They are being paid through cccs at £5 per month but still pursuing and have gone for a charging order and wouldnt surprise me if they go for a forced sale. Dont know how to stop them!! Why are some people so difficult to deal with. I am not refusing to pay anyone just need a little understanding. Guess i am just a number. Strange thing though is that my bigger creditors are being really quiet and just accepting the reduced payments. I want to admit the payday loans to cccs but been told they will just cancel my dmp then what would i do.

I am presently on a DMP with CCCs but having a few difficulties and just contemplating if there is another route out of this mess. I have 35k worth of debt with cccs paying £200 per month. Most of the creditors are being ok except 1 which has gone on to ccj and now looking at a charging order for £1000 debt to them. Worried they are going to try to force a sale of our house. Also have mortgage arrears and council tax arrears but come to aggreement with them so not so bad. Biggest problem are 2 payday loans i stupidly took out whilst on DMP (sincerely didnt realise,though should have!! that not allowed whilst on DMP) and darent tell cccs as i believe they will cancel my DMP so trying to get them to agree installment plans with no joy at present. 1 has just sent letter to say going for a ccj (Mackenzie Hall). Just want to sort this mess out, not lose my house and stop feeling so ill and stressed. Do you think another DMP provider would take me on if i admit mistake to cccs and include these payday loans. Should i request credit agreements from all my creditors and how does this work. One creditor is Natwest for a large loan (11k) and they have my mortgage. They are being ok letting me catch up on mortgage arrears so if i request credit agreement from them will they 'punish me' by playing nasty with mortgage arrears. Thinking about an IVA or self managed DMP. Worried that if i look at an IVA my creditors wont agree to it, i realise that 75% in value need to agree but read somewhere that a lot of IVA proposals failing atm. I know you lot are so much more up on things than i am so what would your plan of attack be. I need to get this dealt with once and for all but it all seems so overwhelming. My job is very demanding and i do find it difficult to sit down and deal with paperwork though i know i have to. Hubby does know the situation except the payday loans but safeguards his sanity by letting me deal. He does suffer with depression and to be honest if i made him take more control it would end up detrimental to us as he is super difficult to live with when depressed but at the same time, when we are near to the end of the month and watching every penny and i say we cant afford something or to do something he does get fed up and humpfy. I must admit to feeling a little resentful that the worry is much more on my shoulders. Any advice greatly appreciated.

Not really sure what i am doing there! When you say have i got a copy of the credit agreement what exactly do you mean, what difference would that make to this situation and how do i go about sorting that? Sorry to sound so thick but not as up on these financial matters as some:oops:

Just received a letter from them this morning which said application for ccj on the top of it. I wrote to them a couple of weeks ago stating i will pay them £40 per month as this is all i can afford and they havent even acknowledged a word i wrote . Looks like they are going for a ccj. My other payday loan with wonga is also not going anywhere. The recorded delivery letter i sent offering installments to the dca they have appointed was returned even though i double checked the address i sent it to. My DMP with cccs is due for a review, i know now that i shouldnt have taken these payday loans and want to ask cccs for their help but believe they will throw me off the dmp. Dont know what to do next! Any ideas?