Help Again please on Charging Order

[mandyjayne]

Hi jimbo, dont dispair;)

 

You are not the only person on these forums with a charging order, lets get you moved to the legal forums, theres lots of us over there!

 

Did you not receive any court paperwork, alerting you to the CCJ restons got?

The fact is they got a CCJ by default as you did not defend it, following that they apply for an interim charging order, when its still not defended, after x amount of time the interim charging order becomes final, thats how it turns into "secured" so to speak.

 

You still maybe able to sort this...more help should be arriving soon:)

 

mj:)

[mandyjayne]

ok jimbo

 

if the ccj/co were pushed through the courts whilst you were away then those will be your grounds for a set aside along with anything else you can throw at um when you have all the paperwork you are about to ask for

 

What you need to do for starters is download a form N244 from your local court website, the fee for applying for a set aside at the court is £75 though:mad:.

 

you need to start by sending a CCA request to restons, (template in the letters section) and a SAR to the original creditor (who ever the credit card was with) send recorded delivery, with a £1.00 postal order for CCA and £10 for the SAR, keep proof of posting and copies of letters sent.

 

Hope this helps for now, im off to work but im sure someone else will be along soon.

 

Have a read of my thread, its a bit long, but will give you help as to what may lie ahead. http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/167654-help-ccj-charge-home.html

 

There could be many factors that could make this a unenforcable debt, and by asking for the above will show you exactly what!

 

Good luck

 

MJ:D

[mandyjayne]

Echo...if you get a final charging order its payable on sale of your property, not in installments. The ccj has been defaulted thats when the co comes into play.

 

If they are being really mean they can apply for a forced sale of the property so they can then get their money, but this is hard to enforce i believe.

 

mj:)