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Charging Order


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I have recently had a Final Charging Order imposed with regards to a debt owed to MBNA. It was agreed by both parties at the Court that I pay £16.00 per month, therefore, I did not oppose the Charging Order. In imposing the Charging Order the Judge stated on the Schedule that "the claimain may not enforce the charging order by way of sale without leave or any other method of enforcement providing the Defendant pays £16.00 per month off the judgment debt". However, I am now receiving what I would call threatening corresondence from the claimants solicitors stating that if I do not telephone them to discuss alternative arrangements they will advise their client to enforce the charging order.

 

I have written to the solicitors by e-mail stating that I am paying the required amount and that I cannot afford anymore and furthermore, I consider their corresponsence threatening and harrassing.

 

Does anyone know if I can do anything else or take further action against these debt collecting solicitors?

Thanks

Tom

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A straightforward opinion---- what the judge says goes here, no matter what the claimant solicitors want. They are trying to bully you into paying more.

 

The court has made the order and that would only be varied by another court order.

 

Write to them quoting the above judges direction and tell them that if they do not desist with this unwarranted behaviour you will take the matter to the appropriate solicitor authorities.

 

Beau

Please note: I am not a lawyer and as such any advice I give is purely from a laymans point of view;-)

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