Help with HFO and a county court judgement

[Northstar77]

This is the first time I have ever gone on a forum but I desperately need help and I'm hoping someone can advise me.

 

My Mother and Father received a intrim charging order this weekend relating to a debt my mother has with Hfo. This debt has come as a complete shock to us all and my Mother has been trying to ingnore the problem.

 

The debt is for just over £6k. I've spoke to them this morning asking for a break down of what the debt is and I will follow that request up with a letter.

 

The house is in joint names of my mum and dad and he has paid all deposits/mortgage etc. He is just about to retire and can't pay this amount. She still works but is registered blind so I think I may be able to use that and argue she would not have been able to read the original judgement.

 

I have never dealt with the county court before and don't know what to do. I suspect the amount owed has a lot of charges and interest on. How can i stop the charging order and can I get the amount owed reduced if I can find the money myself to pay final settlement?

 

Sorry it's a long one but any help would be very greatfully received.

[mopster]

Hi Northstar Do your parents have the original paperwork from the court claim which led to the charging order ? You should be able to apply for a set aside if you believe there are charges on the account which are unfair, and if you believe the correct procedures werent followed....did you parents receive the N1 etc etc. The interim charging order will be changed into a final charging order at a hearing, so you will be able to make representations at that hearing. Do you know the terms of the original judgement - was it a forthwith or installment order with permission to seek charging order ? If you can type it up along with the POC off the original claim that would be of help. Do your parents have equity in their home. The charging order will just sit on their property as a second charge until they sell it. Depending what HFO agree that will either be it or they should negotiate payments with HFO to reduce it on a monthly basis. If you can negotiate with HFO for a reduced settlement prior to them applying for final charging order that could be a good idea, but I would still consider looking at reasons for a set aside. Mops xx

[Northstar77]

I'm going to have to find all this out. I don't know where paperwork is, could be anywhere if shes been hiding it so it might be a day or so before I can find everything. Thanks for the help it's been an awful weekend, never been so scared. I'll update ASAP. Ns x

[creditcardmug]

Hi you need to apply for a set a side with this ccj, im not au fait with this, but other members on here are, i'm sure they will come to your rescue soon, this will bump it to the top, keep posting on here to bump it Regards CCM

[Northstar77]

Thank you. I don't know how to apply to set the original court order aside so this will be the next step. I'm hoping that the fact my mother won't have been able to read the court papers properly, being registered blind and having a guide dog, might be some kind of ground to set aside.

 

I don't know if I can use the fact that my father has paid the deposit and mortgage on this property by his self would be a reasonable objection to the Charging Order on the house. Also my Mother has other debts which HFO have failed to mention on the papers even though they know about this. Does this predjudice against the other creditors and can I use that?

 

Ns x