VG - Vs Northen Rock - Charging Order

[rory32]

I heard nothing since then until today when I received further court papers saying "Judgement For The Claimant" I was not given an option to attend court and explain my reasons for a DMP, I have another 6 creditors who all seem OK with my DMP arrangement, apart from this one.

 

Did you/CCCS apply for a time order?

[rory32]

Time orders under section 129 of the Consumer Credit Act 1974 can be used for 'regulated agreement' debts. CCCS may not be aware that they could have applied for this.

 

What type of debt is this? When was it taken out?

 

Here's some info on time orders Debt Factsheets - Time Orders

[rory32]

Okay, I think it would be a good idea to give National Debtline a phone for some further support (Tel: 0808 808 4000).

 

Have NR applied for an interim charging order yet?

 

If you wish to defend the interim charging order being made final, objections must be made to the claimant no less than seven days before the hearing. The letter with your arguments must be sent recorded delivery to both creditor and court.

 

A time order is only a valid option if your agreement is regulated by the Consumer Credit Act (which yours is).

 

You can ask the court to consider a time order on its own initiative before making a charging order final. The court will usually look into the position of the creditor as well as your situation when deciding whether a time order is ‘just’. This means the court will look at the reasons you took out the loan, consider how long and how much you have repaid to date, look at how you have attempted to resolve the issue to date and the creditor’s actions.

 

Does anyone else have a beneficial interest in your property?

[rory32]

I don't know, some months ago I had a court paper come through from the court which I sent off to CCCS, they completed it and sent it back to the court.

 

I think you need to get in touch with CCCS over this and find out exactly what is going on. You need to know exactly what they have done.

 

Here is some useful information on the process of charging orders and what they mean Debt Factsheets - Charging orders in the county court

[rory32]

As you say in all likelyhood there will be a valid copy of the agreement somewhere but there's certainly no harm in asking for it.

[rory32]

I spoke with CCCS and I'm informed because I've admitted the debt by offering a monthly payment, the CCJ is automatic.

 

I'm afraid so, yes.

 

Have you applied for a time order?

[rory32]

Just a thought, did you admit the debt in the claim papers e.g. making an offer of payments? Or did you state that you would defend?

[rory32]

I’ve never been so scared as what I am at the moment in case I lose my home,

Try not to worry about this (I know that's impossible to do at the moment but do try). Sale orders after a charging order are very rare and judges will only grant them in exceptional circumstances. Judges really don't like granting them and if you are making an offer to pay the charge then that strengthens your case.

[rory32]

Can I ask, do you have children and if so how old are they?

[rory32]

How is the property owned e.g. are you joint tenants or are you tenants in common?

 

Joint tenants is where the property is owned by you both but neither of you own a particular share in the property. In this situation it is just normally assumed that each person owns half the property.

 

Tenants in common is where the property is still owned by both of you but the share in the property is defined. For example it could be a 50/50 split or one of you could own 10% of the property and the other one 90%. So to put it another way tenants in common is where you both have a predetermined share in the property.

[rory32]

These companies are offering "Financial Advice" I'm registered with MPS (Mail preference service) to stop junk mail, are these companies allowed to send me mail?

Not really. I would make a complaint to MPS. Here's how to complain MPS Online Registration

 

These sort of companies are nothing better than ambulance chasers in the main who will search the register for people with CCJ's and "help" you for a fee. Many of them are just cowboys out for a quick buck preying on people in vunerable situations.

[rory32]

The link doesn't work.

[rory32]

This really is the same info as creditcardmug has posted but may be a little easier for you to follow.

 

A default notice must contain all of the necessary information. This includes

• a statement saying the notice is a default notice served under section 87(1) of the 1974 Act
  
• a description of the agreement
  
• the name and address of both the debtor and the creditor
  
• details of the breach (i.e. late payment) and, if the breach can be remedied, the date by which it must be remedied or, if the breach is not capable of remedy, the amount required to be paid after the expiry of the specified date;
  
• a statement saying: if the action required by this notice is taken before the date shown no further enforcement action will be taken in respect of that breach
  
• a statement saying: if you do not take the action required by this notice before the date shown then the further action set out below may be taken against you
  
• a clear and unambiguous statement saying that if the action is not taken by the date specified, what it will do (for example, if will it terminate the agreement)
  
• if the agreement is one of hire purchase or conditional sale, a statement saying: but if you have paid at least one third of the total amount payable under the agreement set out below (or any installation charge plus one third of the rest of the amount payable). The creditor may not take back the goods against your wishes unless he gets a court order. (In Scotland, he may need to get a court order at any time.) If he does take them back without your consent or a court order, you have the right to get back all of the money you have paid under the agreement set out below
  
• if an amount of money is required to be paid, the amount before deducting any rebate on early settlement
  
• statements saying:
  if you have difficulty in paying any sum owing under the agreement or taking any other action required by this notice, you can apply to the court which may make an order allowing you more time
  if you are not sure what to do, you should get help as soon as possible. For example you should contact a solicitor, your local trading standards department or your nearest citizens' advice bureau
  

Also as of 1st October 2006 the period of notice to remedy the breach was increased from 7 days to 14 days from the date of service of the default notice. The CCA quite clearly states that the creditor shall not take action such as mentioned in s87(1) before the date so specified or before those 14 days have elapsed.