Help!!! CCJ and final charge order

ashes · February 10, 2009

Hi, everyone in this forum, I wrote my story at this thread.

This is my story

How I get my CCJ and charging order

My 2 DCA started CCJ me. I was panic and I went to citizen bureau for help. I showed the adviser the claim forms. I told her that I did own the original creditors money and I thought the penalty charges etc was unfair. I told her specially that a CCJ on my record would affect my job prosperity deeply.

(Before visiting this forum, I never heard about CCA, letter of assignment etc. Now I know I could use CCA and ask for letter of assignment to check their legal statue.)

She just interested to fill the claim forms for me. She told me to go home, signed the filled-up form and posted the form by registered and made aware the time limit. She said if the DCA didn’t accept the token monthly payment then I could ask the court to assign the amount and come back to them for more help.

Things developed…….

As Case 1 (DCA 1)

The DCA’s solicitor received the claimed form and wrote back telling me to pay the monthly token payment now while she needed more instructions from their client. I had paid monthly token payment into their account for 7 months now and didn’t hear anything back from them.

As Case 2 (DCA2)

Then a bit later I received a judgement from my to order me to pay the full amount (just under £5000 include lots of add on interest, solicitor) and that means I have a CCJ on my record of which I desperately don’t want because of this would be bad for my job prospect.

(And now I know, if you admit the total debt, then without a judge looked at the file, the court clerk would just give you CCJ and the debtor would have to pay the total amount - a simple straight forward procedure. If the debtor couldn’t then the debtor could apply to the court for another judgement- another chapter for the debtor)

I went back to the citizen bureau and this time it was another adviser and she didn’t see my frustration. I was very down. She told me I could write a letter to the court and ask them to transfer the case to my local court and look at the amount again. This way I could save some money for the application. I did that with her help for the letter.

Very shortly, I received material from my local court, to my horror that was for my property charging order because of my CCJ judgement. And during all the hearings afterward not a word mention about the amount of adjustment of the debt at all.

I tried my only way to against the charging order. I told the court that my other creditors might not agree. At the initial hearing, the judge told me to give the details of other creditors for the DCA to ask around and we would have a final hearing later.

At the final hearing, even though the DCA solicitor missed out to ask one of my creditor (as case 1 above) of which I actually paid monthly (I gently pointed out that to the new face judge), the judge just have a quick glance to the chuck papers the solicitor passed to him. Then the judge straight away give out the charging order and said I should go.

(At the court’s waiting room, I checked with the DCA’s solicitor and found out that they did not ask all creditors. They never send me copy of their works neither)

(I thought the judge didn’t like debtor trying to block the charging order. He seldom talked or looked at me or addressed me. He kept talking to the DCA’s solicitor all the time. When I walked out the room and turned round to shut the door, I could see the judge and the solicitor worked very harmony as at team, sorting out paper work, chatting eagerly in some legal term. It seemed to me that they are happy to complete a task as a working scoring team.)

(Please believe me that what I mentioned above is my true observation, I am not saying this because I am bitter with the result)

Looking back I should disputed with the amount, get a CCA assignment of letter and do lots of research on this forum.

Now I desperately needed for any advice, Please!!!!!

As Case 1

I am paying a monthly token payment to the DCA’s solicitor for over 7 months now and they haven’t contact me or confirm anything.

My question :

I never asked them for letter of assignment, should I do it now? Otherwise how do I know I am paying the right person and I am worry that in future would I be chase again for the same debt from other DCA?

Would it be wise to send for a CCA now, I had signed the claim form and admit the full amount but I HEARD nothing back form the court. I just received letter from the DCA’s solicitor telling me to pay in only?

As Case 2

I am being chased frenziedly to pay back the whole amount (of which I could not afford to ) NOW with all threatening letter- bailiff, seize of my house, endless of phone call etc, I wrote to the their solicitor offering monthly payment. |In return, more threatening letter from the solicitor and then the DCA joined in as well.

My question :

Any thing I should do to help such situation

Any chance to set aside the CCJ and the charge order

How could I deal with the DCA threading me with order of charge to force me out?

What other thing I should do now???

Thanks for reading my story I tried to made it as short as it could be.

Any advice would be much appreciated!!!

Hi, everyone in this forum, I wrote my story at this thread.

How I get my CCJ and charging order

This is my story.