charging order before redetermination?

[wonderwomen83]

Hello,

 

I had a judgment made against me in October, repayments for the CCJ were set really high, more than i earn a month so i applied for a redetermination straight away.

 

I went along to the court for the hearing today and the judge advised that a intrim order had been placed on my old property, i havent lived there for 3 years but my name is still on the mortgage.

 

Anyway the judge adjurned the case today so both the redetermination and the charging order can be heard together.

 

Im really confused as i was told that i didnt have to pay the higher repayment until the redetermination, i continued to pay at my DMP amount. what i dont understand is how they canapply for a charging order before the redetermination, i technically havent missed any payments because it hadnt been heard yet!

 

any advice would be great.

 

ps, there is no value to the property, its in the negative equity stage.

[loobyloo85]

Hiya, I know it does sound strange, as they have not even considered your redetermination, but unfortunately I have heard of creditors doing this before, as they are so desperate to secure the debt to get their money back that they use charging orders to do this.

Although there is no value in the property, the creditors would get a monthly payment back from you until the debt is cleared in full which is what they want.

I would say it is a little unfair when you have been paying a DMP amount in the meantime, so they know you are paying something.

I would suggest you attend this hearing to represent yourself and tell them why you feel the charge should not be granted. You could say that you sent the redetermination and you are willing to pay this amount rather than the original, and you never know, they might go for it.

Best of luck, let us know how you get on