Charging orders straight after a ccj?

[mak71]

Just for future reference,just in case;)

Ive been reading up on dca"s going for charging orders straight after a ccj has been issued,

 

I was previously under the impression they could only go for a charging order if you defaulted on the court order instalments to pay the ccj?

 

Is there any legislation regarding this,or are the dca"s simply acting like bullys,hoping you wont defend

I know a charging order can be defended and won

But where does the legal issue stand if youve kept up with a court order installments on a ccj?

 

Are they breaking any rules by applying for a charging order straight after ccj ? if so why do the courts allow the applications to even go through the system in the first place with no default on the ccj instalments?

 

Mak

[diamondgirl]

Wish I knew maybe I should ask this when my hearing date arrives. DG;)

[Seminole]

Charging Order

 

This sets out the position pretty clearly.

 

The process falls down for the debtor when the creditor obtains a forthwith judgement and then applies for the CO one nanosecond after the one month deadline. Link Financial are famous for doing but they sometimes forget to register the charge at the Land Registry afterwards

[lilly white]

Ok

 

In General Terms They Should Be Only Be Given If The Debt Is To Repay Over A Long Time.there Is Case On This I Am Sure It Can Be Found.

 

So Say The Debt 10000 Pounds To Be Repay At £5 Per Month The Idia Was That This Would Protect The Debt

 

However We Know That A Dca Will Used This To Hound You To Death

 

Again Imho The Law Has Got It Wrong.iter Alia Bless Them

[spamheed]

If the creditor applies for and wins a CCJ and gets a forthwith order, this means that the full amount is due immediately.

 

Since the debtor was unable to pay the installments, it is unlikely that they will be able to pay the full amount, so the creditor after sending a couple of letters demanding payment, or not at all as the case may be, they go straight for a charging order.

 

Indeed many companies go straight for a CCJ/Charging Order as a matter of course and offer no pretence of negotiation

 

MP's are seeing that dealing with these bottom feeding parasites as a means of winning votes and with the noose tightening, many companies are going straight for Charging orders before the laws are changed.

 

From a consumers point of view, if a CCJ is obtained and a repayment plan agreed or ordered by the court, a charging order should not be allowed.

[mak71]

Thanks,much appreciated

Mak