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JJ829

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  1. Please can anyone help me? Last year a very good friend asked if I would take out a £10000 loan to help her save loosing her home. She wholeheartedly promised me that she would meet the £200 per month payments and pay in full either when she received compensation from a upcoming court case or worse case scenario re-mortgage or sell her property. I was her last hope to give her the breathing space needed to resolve her finances. Anyway, I think you can probably guess what happened. I started a court case against her and judgement went in my favour for the remainder of the £10000 she owes me. She was told to pay the amount forthwith by a certain date but failed to. She submitted a variation order to pay just £10.00 per month. I refused and it was automatically listed for hearing. At present, this person is working full time, living rent free & making an additional income from renting her own property. I know this as she submitted an income & expenditure sheet which the court forwarded to me. I then also learnt she has another ccj for £3000 which she is paying £120 per month. She stated her personal expenses as £300 per month. This is not including priority debts/bills. I attended the hearing last week and I was in there for less than 3 minutes. The judge played with his calculator asked her if she was meeting the debts she had which she replied yes and asked about her mortgage arrears. She said £40 per month. He looked at me and said I’m setting it at £10 per month. I asked if I could enforce the judgement by way of Charging Order and he said No. Not unless she defaults on the £10.00. So basically it will take her over 70 years to pay and I have no way to secure the money owed. What I don’t understand is that on official court documents on the internet it states that you will be considered for a Charging Order if EITHER of the following occur: The forthwith judgement is not paid OR 2. The defendant fails to meet the instalment order (eg the £10.00 per month) Surely then, as she failed to pay the full forthwith amount a few months back I could apply for a charging order? Is it just me or does this seem like a joke? Does anyone know if I can appeal this variation order and does the same judge do the appeal? I will be ringing the court first thing to find out if there is ANYTHING I can do but I just feel like they don’t give the proper information I really need. I would be so very very grateful if someone has any expert advice on this. I can’t afford legal advice and don’t know what I can do. If there is anything. Thank you very much.
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