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Cashedout

Charging order/CCJ/multiple debts

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Hello all and thanks in advance.

To summarise; my partner is a rapidly declining alcoholic, who disguised it extremely well. It all came to a head a few days ago when I, being the other party on a joint mortgage, found a notice of an Interim Charging Order in my name, due to go to court on 10th Sept. Together with this there were dozens of unopened letters from five or six CC companies, totalling about £28k. I also found a CCJ default notice, but no CCJ, dating back to June.

She told me that by using your forum she had managed to stop the phone calls & threats to visit the house so I wouldn't know, but she wasn't aware of the CCJ as she hid the unopened letters.

Today I contacted a firm to set up a DMP to tackle the CC companies that haven't taken her to court (yet) and on Monday I was going to phone the solicitors acting for the DCA who want the charging order, to try and sort it out. The Charging Order only cites one creditor, which happens to be the smallest debt, and my partners' name is spelt incorrectly on all paperwork apart from the Land Registry notice (I don't know if this is pertinent or not).

I also have an appointment on Monday with a solicitor as I want to see if I can cite her health issues as a way of sorting these problems out.

We have a child with us who also has health issues, I am solvent but have no savings and my partner is just about managing to hold down a part-time job, bringing in about £350/month, although I doubt she can keep this up for much longer.

Now its out in the open, her health has since declined to the state where the GP wants to admit her for supervised detox as there is a grave risk of epilepsy/stroke/death (GP's words).

The enormity of all this hasn't sunk in yet as I'm still numb from the shock and despite the deceit I love her dearly and believe we can get through this, all together and with the roof still over our heads, please tell me I'm right.

We've both been very naive but could do with some support now.

Thankyou.

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Hiya and welcome to CAG,

 

sorry to hear about your situation but many are in a similar situation.

 

Ok you seem to be ok to deal with DMP about other creditors.

 

The charging order,

 

do you know when the ccj was obtaned?

 

who is the creditor and what was the debt, ie. cc or loan etc?

 

ida x


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I'm sure more help will come, but your priority has to be the CCJ & the charging order.

Did she respond to the courts. Did she filll in the admission form, or file a defence ?

The reason being, if judgement was gained by default. You should be able to apply an N244. Apply to have the CCJ set a side. She has an illness, diagnosed by her doctor. Her state of mind/health meant she couldn't deal with the situation. If successful, the debt doesn't go away, but it does put you at base 1, you can then defend the claim accordingly. Challenge any charges & put you in a stronger position to negotiate with the creditor.

Good Luck

Debs

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Hi.

I have found a claim form from the court (N1 CPC) issue date: 5th June and a 'Judgement for Claimant [in default]' (N30) dated 30th June, both letters were unopened when I found them. The creditor is 'Creation Financial Services Ltd' and relates to an Adams storecard.

It was suggested by a friend to contact the Creditors solicitors (Drydens) to apply for all paperwork relating to the claim (?freedom of information or data protection act?). I don't understand ins & outs of N244 at the time of posting but I'm working on it, I'ts a very steep learning curve and thanks for the help.

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Hi there,

 

The N244 is the form you need to complete to apply for the set aside of the CCJ.

 

Have a look at this sample N244 to give you an idea. -

Removal of CCJ's - Sample Form N244 - Notice of Application

 

 

Have look at these links for some more info -

 

Step by step CCJ removal

 

Setting aside the original CCJ of your CCA

 

The reason that debbbbsy has advised applying for a set aside of the CCJ is that if granted, the Charging Order would be discontinued.


 

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Just a thought but do you know when any of these store cards or credit cards were taken out?


There is no such thing as a 0% credit card....... someone out there is paying for it, and for once its not going to be me.:razz:

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Surely if she was not of sound mind and body when the credit agreements were signed then their enforcability can be argued?

 

I'm no savvy bod on this, but does anyone know about this?

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The cards were taken out years ago, as far as I can make out. The alcoholism has had a couple of triggers, the main one being the increasing level of her debt.

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Surely if she was not of sound mind and body when the credit agreements were signed then their enforcability can be argued?

 

I'm no savvy bod on this, but does anyone know about this?

 

That wasnt quite my train of thought. I was thinking more if the debts were old, there was more a chance of them being unenforceable. It only takes a letter and £1 to start the ball rolling to find out.

 

You mentioned your wife had been on the site before. I dont suppose she had tried to find out whether the Agreements were in existant or compliant.


There is no such thing as a 0% credit card....... someone out there is paying for it, and for once its not going to be me.:razz:

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As far as I know she just used the site to stop someone calling at the house, which also seemed to stop phone calls and most letters. I'm trying to sort out all the letters and statements this morning so I'll have a better picture of when the cards were taken out. They started going into default this year, I think, when she was using the last one to pay the others.

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any update cashed out??? how have you got on?


There is no such thing as a 0% credit card....... someone out there is paying for it, and for once its not going to be me.:razz:

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I've seen a solicitor who advised that it wasn't worth pursuing the illness angle as it would cost a lot in fees with little chance of success. I was also advised that the charging order was likely to go ahead anyway, but not to worry because it was highly unlikely that we would have to sell the house as the debt was for a relatively small amount.

If all the creditors went up the same route however, then things could become trickier. To minimise the chance of this I suggested getting the help of a debt management company & the solicitor agreed this was a good plan. I know its expensive but the idea is to use them short-term to contact all the creditors to let them know the debt is in hand and to sort out which ones are enforcible, I (hopefully) may have a small windfall soon, not enough to pay the whole debt, but with their help I may be able to push for settlement offers on the remainder.

Now I have actively started doing somthing to sort this mess out my partner has been relieved of some of the stress that was perpetuating the alcoholism, allowing her free headspace to go for detox & she's been dry for about 2 weeks now (yippee!!) although I am fully aware that this is going to be a long & rocky road.

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Sounds like you are on the right road. If you want to find out which ones are enforceable, send out the CCA letter with a £1 postal order. If you can scan and upload them to the site. There will be lots of help to determine if they are enforceable and to strengthen your case.

 

Good Luck


There is no such thing as a 0% credit card....... someone out there is paying for it, and for once its not going to be me.:razz:

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