CL Finance - Application for charging order in court 28th August

[bs0lth]

Hi, Im in need of even more help from you.

 

Here is the bones of the matter, I am currently off work on the sick, Im not coping especially well, and for the last year or so Ive burried my head in the sand, but 6 month ago, I was diagnosed with a lot of mental health problems and other things. So I have avoided opening letters, replying to things and getting help.

 

I am now semi able to cope with things and Im desperatly trying to sort things out, but some of it may be too little too late.

 

So in March I was taken to court for 2045.00 I was issued a ccj and said I would pay it back at £10 per month. Basically I haven't. All of my benefit money has gone to try to keep the roof over my head, I really have had a lot of problems and the DWP have cocked up my claim and its only just starting to get sorted out now.

 

anyway. CL Finance have just filed an application for a charging order on land or property. its due to be heard in the Bradford county court, on the 28th of August. Is there anything I can do to try to sort this out.or is it now too late.

 

One thing, I will no way be able to attend the bradford county court, its over 100 miles away from my home... is there anyway I can get it moved closer to where I live... IE sunderland county court?

 

I knew I should have tried to do something before now, but things have just got way on top of me.

 

I hope that somebody may be able to help

 

Lynne

[mandyjayne]

Hi Lynne..

 

Sorry to hear youve been poorly...but things im sure can be helped by these guys on here!!!

 

you can request a move to your local county court, i did the very same thing, i telephoned them and they moved it.

 

This will at least bump you up to the top, for some better advise on the legal bits!

 

all the best

 

MJ:)

[bs0lth]

Hiya has anyone got any ideas please...

 

ta very much.

 

thanks for your help bumping me up...

 

Im ok, just got a fuzzy head these days, and if I run.. I rattle I take that many pills... but looking on the bright side...

 

Its stopped raining today... whoohoo

[bs0lth]

mandyJane

 

thanks, I thought you could get it transfered to your local court, I will look into thtat tomorrow, sorry Im a bit late in replying, I have been just so busy today.

 

Lynne

[surfaceagentx20]

Lynne I said this a couple of hours ago on anothe thread in relation to the court's discretionary power to grant a charging order.

 

Some of the stuff I said may be helpful to you. If you have any questions after reading my post number 6, let us know.

 

x20

[bs0lth]

Hi Surfaceagentx20

 

thanks for your reply, Ive read the other post you made and my head is filled with cotton wool, or so it seems. Ive had nothing at all from the court, apart from the letter to say its going to take place. I dont understand what to do next.

 

My situation is all up in the air, I cant at the moment pay anything, Im fighting to keep the house, but even thats on a rocky road at the moment. What do I do? do I file a defence and then turn up? or what.

 

can you give me some where to start, Im reading everything I can at the moment but Im getting more and more confused the more I read.

 

I also got in the post a letter from the land registry office saying that the charge had been put on on the 28th of June.

 

Any help at this stage would be useful.

 

thanks again

 

lynne

[r&b]

hi lynne,

in ur situation it may be useful to take a step back and have a look at the situation clearly so u can see what to do next.

u were issued with a judgment (ccj) and accepted payments of £10/mth to repay the debt. in failing to do so, you opened an opportunity for the creditor to seek a charging order on your property. they have achieved an interim CO which they are now looking to make final at the next hearing. if successful they will be able to take their money from any equity once the property is sold.

 

some potential options:

-take the CO on the chin. as the debt is then secured, the creditor will probably be happy with a very sml mthly paymt and leave u alone for a while.

-have the hearing moved to your local court and contest it being made final as per x20 post 6 in the other thread.

-look at the original judgment and see if it is possible to have it set aside (if its a default judgmnt) which would remove the CO automatically if successful.

 

im certain these are not ur only options and if x20 suggests otherwise, do not hesitate to follow.

 

a few questions which may aid people in helping u:

1. is it a default judgment?

2. did u send anything back to the court with the original claim form?

3. from which court was it issued?

4. how was the agreement of £10/mth reached?

5. what does the original debt refer to (cred card/loan/etc) and when was it taken out?

6. do u have/have u asked for any documentation regarding the claim (Credit Agrmnt/default notice/termination notice/notice of assignment/etc)

[bs0lth]

hi lynne,

in ur situation it may be useful to take a step back and have a look at the situation clearly so u can see what to do next.

u were issued with a judgment (ccj) and accepted payments of £10/mth to repay the debt. in failing to do so, you opened an opportunity for the creditor to seek a charging order on your property. they have achieved an interim CO which they are now looking to make final at the next hearing. if successful they will be able to take their money from any equity once the property is sold.

 

some potential options:

-take the CO on the chin. as the debt is then secured, the creditor will probably be happy with a very sml mthly paymt and leave u alone for a while.

-have the hearing moved to your local court and contest it being made final as per x20 post 6 in the other thread.

-look at the original judgment and see if it is possible to have it set aside (if its a default judgmnt) which would remove the CO automatically if successful.

 

im certain these are not ur only options and if x20 suggests otherwise, do not hesitate to follow.

 

a few questions which may aid people in helping u:

1. is it a default judgment?

2. did u send anything back to the court with the original claim form?

3. from which court was it issued?

4. how was the agreement of £10/mth reached?

5. what does the original debt refer to (cred card/loan/etc) and when was it taken out?

6. do u have/have u asked for any documentation regarding the claim (Credit Agrmnt/default notice/termination notice/notice of assignment/etc)

 

Ok here goes,....

 

1. It was a default judgement for a credit card

2. I sent in a budget sheet asking for £10 per month

3. It was heard at bradford County court.. same again this time

4. Via the budget sheet

5. a nat west credit card taken out 1996 or perhaphs earier

6. Havent asked for anything, do you think it might be worth going that route?

 

Thanks for you advice.

 

Lynne

[r&b]

hi lynne,

firstly have u asked for the case to be moved to your local court or is the final charging order hearing still at bradford on 28th?

 

i dont know what others think but i would suggest a couple of things:

 

-get a copy (unless u already have it) of the original claim form plus any attached documents from bradford cc. (its normally £5 but if u phone them there may be a fee exemption?). if there is no exemption then be nice to the court office staff and ask them to look at the file and tell u if there was anth attached to the claim. reason being, they should have attached any documentation that the claim relies on to the Particulars of Claim.

CPR16 PD7.3:

http://www.justice.gov.uk/civil/procrules_fin/contents/practice_directions/pd_part16.htm

 

-get some copies of the relevant documents from CL or Natwest. have CL said they now own the debt or are they acting on behalf of Natwest? who is on the claim form?

 

-i think this may be the route for this disclosure:

http://consumeractiongroup.com/forum/legal-issues/173201-why-you-shouldnt-use.html, this doesnt cost anth except regstd postage.

 

-if u have it (costs £10), a SAR would be useful sent to NW regstd address. if the money is a problem then dont.

 

the idea of all this is so that once you have all the details of the claim, you can decide whether or not you have a case to fight, or accept the best deal you can.

if u have a case for challenging, then u may wish to look at applying to set aside the judgment and asking that the CO hearing be heard at the same time as they are connected. this may not suit you given your health, but it could give you the option.

 

CPR 13 for set side (in particular 13.2/13.3):

http://www.justice.gov.uk/civil/procrules_fin/contents/parts/part13.htm

 

just my suggestions lynne, hopefully others will participate.

[bs0lth]

Hi R&B thanks for your reply.

 

I dont have any documentation from this. of if I have I cant find it. I have contacted the court to get the hearing moved to Sunderland. Bradford is just too far away. I will phone the court again now to see if I can get a copy of all the documentation, I will have a look at the other stuff now to see what I can get together.

 

I have the £10 at the moment so I will trot off to the post office for a postal order and get that underway right away...

 

I would appreciate any more help if anyone can throw more into the mix

 

Lynne

[r&b]

hi lynne,

SAR request from palomino post 14 here:

http://consumeractiongroup.com/forum/legal-issues/192486-court-claim-o-draft.html

 

regstd addresses here:

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31052-contact-details-banks-j.html

[supasnooper]

Hi there,

 

I would advise trying to get the CCJ set aside.

 

Have a look at this thread to see how this Cagger succeeded -

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/167654-help-ccj-charge-home.html

 

Getting a Charging Order against your house is not a good way forward.

 

Also have a look at these threads for some background advice -

 

Setting aside the original CCJ of your CCA

Step by step CCJ removal

[bs0lth]

Hi supersnooper

 

sorry its taken a couple of days to reply, my broadbands playing up at the moment...

 

I have writen to the court asking that its transfered to nearer to me, I keep reading the threads but my brain is not working properly at the moment, Im praying the consultant will help when I see him next week...

 

but in the mean time, I will have another read.

 

thanks again

 

Lynne

[supasnooper]

What ever you don't understand - just ask.

 

 

Please do remember, it will be you who has to explain your case to a judge so it is best that you fully understand it.

[bs0lth]

Hi supasnooper

 

Ok here we go again..

 

Ive read the other cases, I havent sent a request in for a cca, I think it might be the first step I need to do. I will get that letter sorted out now. I think the only way to do this is to see if I can get the original ccj overturned. god how I wish I hadnt buried my head in the sand. Im a lot better at the moment, and really dont want to go back to where I was at the begining of the year.

 

Ive been onto the court, I have spoken to somebody in the charging order dept who is sending my out a copy of the file that they have on me... that should be here tomorrow...

 

Im going to keep reading again...

 

Lynne

[supasnooper]

That's excellent news from the Court, the sooner you get that then you can get cracking.

 

You could send a Credit Card Request but that may be a waste of time - As judgment has already been passed on the acccount, the CCJ takes preference over the CCA now.

However, do as r&b has suggested -

-i think this may be the route for this disclosure:

http://consumeractiongroup.com/forum...uldnt-use.html, this doesnt cost anything except registered postage.

 

A Subject Access Request letter ( http://www.consumeractiongroup.co.uk/forum/show-post/post-2184237.html) to Nat West would also be adviseable but you may not receive the documentation back in time - however, you will need a copy to see if you can reclaim any charges.