How can i set aside a ccj/charging order?

[Gemby]

Hello im new to this site, please be patient.

 

Ive just returned from court where a charging order on my house was made final. Not too happy.

 

The debt comes from a hfc bank credit card (GM Card) taken out in 1994. Due to recent financial difficulties i was unable to keep up payments on the account and it ended up with Restons solicitors who issued court proceedings for default amount £10000 plus £1700 collection charge. In the court papers i admitted the default amount but defended the collection charge. At this point i instructed My Claims Supermarket to look into the inforcability of the account on my behalf.I was then sent an allocation questionaire from the court and indicated in this form that the claim against me may not be valid. The next thing i know is that Restons had asked for judgment on the default amount and it was granted forthwith. I then applied for a variation to the order to pay in instalments. Restons then issued a interim charging order.

 

My Claims Supermarket have since recieved the origional application form (not the credit agreement) and a separate document entitled "general information about your GM Card" and they have deemed that this may be uninforcable. They wrote me a letter explaining this, for me to give to the judge this morning in court. The judge however seemed to ignor this and passed the charging order regardless.

 

Where do i stand now. If i can prove the original agreement uninforceable can i get the ccj/charging order removed and how?

 

Any advise greatly recieved.

[Spamalot]

Hiya...Welcome to Cag..

 

Unfortunately you have posted in the wrong Forum... I'll get a Mod to move it to Legal Issues where you will get more expert help.

 

Spam.

[steven4064]

moved thread as requested - thanks spamalot

[Spamalot]

Hi, me again..

 

Here is a thread which could be similar to yours..

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/139232-hfc-restons-charging-order.html

 

Therefore it is possible to do. The fact that you admitted the claim may prove a problem but people have got round that in the past. Have a read of the above and get back with any questions.

 

Good Luck,

 

Spam.

Edited August 24, 2009 by Spamalot

[Gemby]

Hi Spamalot

 

I have read through your link, thanks for that.

Looks like im in for loads of stress and hassle but hopefully will be worth it!

 

Gemby

[Spamalot]

Hi again,

 

I'm wondering if it's possible that you can appeal todays decision because of the new information being dismissed by the judge? It's not something I'm entirely sure about but it may be worth looking into..

 

Spam.

[Gemby]

That may be an angle worth exploring has anybody got advice on that?

 

Thanks

[r&b]

Hello im new to this site, please be patient.

 

Ive just returned from court where a charging order on my house was made final. Not too happy.

 

The debt comes from a hfc bank credit card (GM Card) taken out in 1994. Due to recent financial difficulties i was unable to keep up payments on the account and it ended up with Restons solicitors who issued court proceedings for default amount £10000 plus £1700 collection charge. In the court papers i admitted the default amount but defended the collection charge. At this point i instructed My Claims Supermarket to look into the inforcability of the account on my behalf.I was then sent an allocation questionaire from the court and indicated in this form that the claim against me may not be valid.

did u not receive a copy of their AQs or a Notice of Hearing subsequent to this?

The next thing i know is that Restons had asked for judgment on the default amount and it was granted forthwith.

was this a Summary Judgment?

I then applied for a variation to the order to pay in instalments.

did this result in anything, have u paid any instalments, are any due/outstanding?

Restons then issued a interim charging order.

 

My Claims Supermarket have since recieved the origional application form (not the credit agreement) and a separate document entitled "general information about your GM Card" and they have deemed that this may be uninforcable.

have u got a copy to post up in photobucket, or any other docs: Default Notice, Termination Notice, etc, etc?

They wrote me a letter explaining this, for me to give to the judge this morning in court. The judge however seemed to ignor this and passed the charging order regardless.

 

Where do i stand now. If i can prove the original agreement uninforceable can i get the ccj/charging order removed and how?

 

Any advise greatly recieved.

 

few questions which may aid people in helping.

[Gemby]

Hello r&b

 

I recieved no AQ from Restons or Notice of Hearing. The next letter that arrived was Judgment for Claiant (after determination).

Stating

 

The claimant has objected to the rate of payment you offered.

The court has therefore decided the rate at which you should pay. You must pay the claimant £10468.57 for debt (and interest to date of judgment) and £345.00 for costs (less £61.00 which you have already paid).

You must pay the claimant a total of £10752.57 forthwith

 

After filing an application, the hearing to vary the judgment was held yesterday along with the Interim charging order. The judge was quite happy to accept my payment offer of £50 per month, he didnt even question me on it.

 

He ruled that the first payment will become due on 1st September.

 

I have got some docs, can you give me some help on how to post them in photobucket?

 

I hope this gives you more info

 

Gemby

[uptoeyeballs]

Hi Gemby.

 

Are you going to pursue this?

 

I'm in an almost idential situation. Just researching the best approach...

[Gemby]

Hi uptoeyeballs

 

I like your name, it also describes me.

 

I am looking to persue this matter.

 

I am at the moment waiting to hear back from myclaims as to the best approach. They are recomending that if the original agreement is proven unenforceable then we may be able to get the judgment set aside. There will however be costs involved in this process.

 

I would be gratefull of any assistance in this matter and would happily keep you informed of the outcome if it would be of help.

 

Gemby

[uptoeyeballs]

I am at the moment waiting to hear back from myclaims as to the best approach. They are recomending that if the original agreement is proven unenforceable then we may be able to get the judgment set aside. There will however be costs involved in this process.

 

That's interesting - I couldn't find anyone interested in taken me on where there was a CCJ in place. Although the more time I spend on this site the more confident I feel about pushing ahead with the help of the good folks here.

 

I would be gratefull of any assistance in this matter and would happily keep you informed of the outcome if it would be of help.

 

Subbing and will let you know if I make progress before you.

[supasnooper]

Can you post up the court order and any other helpful documents ?

 

 

Have a read of the link below which will show you how to use photobucket (I think it's near the bottom) - http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

[uptoeyeballs]

Hi Gemby,

 

It's all gone quiet.....

 

uteb