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Hi,

 

I have had a CCJ against me for around £2k recently. This morning I received a letter from the land registry informing me that the claimant had applied for a charging order on my home. I would like to prevent this happening "by all means necessary" however I do not have the full amount to pay off the debt. I would appreciate any advice as to how I go about this?

 

Thanks in advance

The only man who sticks closer to you in adversity than a friend is a creditor.

 

Debt Collection Charges

 

There is no legal basis for a creditor or a debt collection agency acting on its behalf to claim collection costs from a debtor unless there is an express provision in the original agreement.

 

Without such provision, collection charges cannot be demanded as a debt due under the agreement.

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I did not attend court, so all I have received is a letter confirming the judgement

The only man who sticks closer to you in adversity than a friend is a creditor.

 

Debt Collection Charges

 

There is no legal basis for a creditor or a debt collection agency acting on its behalf to claim collection costs from a debtor unless there is an express provision in the original agreement.

 

Without such provision, collection charges cannot be demanded as a debt due under the agreement.

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Then you need to fill in the N244 as soon as possible, had you gone to court judgement may not have been made (they may not have turned up themselves). However, you can redress the balance now by downloading the form and completing it.

 

Somebody else will be along later with more experience of charging orders and how to get them removed/revoked.

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Thanks for that

The only man who sticks closer to you in adversity than a friend is a creditor.

 

Debt Collection Charges

 

There is no legal basis for a creditor or a debt collection agency acting on its behalf to claim collection costs from a debtor unless there is an express provision in the original agreement.

 

Without such provision, collection charges cannot be demanded as a debt due under the agreement.

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Hi there, it's an N245 form to vary the judgement. You can download one here: http://www.hmcourt-service.gov.uk select Forms and Guidance from the menu on the left hand side and enter N245 in the box. You will then be taken to the page where you can download the form.

 

Have you got the original judgement order from the court? what does is say regarding payment ?

 

Ell-enn

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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it says nothing about payment

Just

 

Upon hearing counsel for the claimant and the defendant not attending

 

IT IS ORDERED THAT:

 

Judgement under part 24 for £**** plus £** Claim plus £*** and £** fixed costs. (total of £***)

The only man who sticks closer to you in adversity than a friend is a creditor.

 

Debt Collection Charges

 

There is no legal basis for a creditor or a debt collection agency acting on its behalf to claim collection costs from a debtor unless there is an express provision in the original agreement.

 

Without such provision, collection charges cannot be demanded as a debt due under the agreement.

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OK, you need to get that form to court pdq to get and installment order - if you get it there on monday morning you should get the order by end of next week.

 

Ell-enn

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Thank you for your help,

 

What exactly is this form for though? How can I use it as a reduction of an instalment order when the court has not set instalments yet.

 

My main concern is to stop the charge going on my property

The only man who sticks closer to you in adversity than a friend is a creditor.

 

Debt Collection Charges

 

There is no legal basis for a creditor or a debt collection agency acting on its behalf to claim collection costs from a debtor unless there is an express provision in the original agreement.

 

Without such provision, collection charges cannot be demanded as a debt due under the agreement.

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I've assumed that the judgment was for the total amount to be repaid in full? as this has not been paid the lender is asking for a charging order - they will then demand payment in full (or perhaps if you are lucky they will take installments).

 

Submitting an N245 allows you to ask to pay the total amount by installments without a charging order. Your form will be put before the judge who should make the order for installments.

 

Ell-enn

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Evening all, I found the following link very useful:

 

National Debtline England & Wales | Debt Advice | Factsheet 15 Charging Orders In The County Court

 

Best wishes,:)

 

Dogs

I do very little but I do it very, very well :cool:

 

If I've helped give my scales a click

:smile:

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

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