Creation finance got unknown CCJ, now after restriction..**WON**

[kken67]

I am at my wits end with this debt spiral

feeling very desperate, not sleeping heart palpitations etc.

 

Am on a DMP with CCCS which is being paid each month at £200 against a total debt of £35k

which will take forever especially as half of creditors still applying interest.

 

One creditor Creation is being really difficult and has registered a CCJ against me.

Didnt receive the paperwork before judgement (really didnt!)

so they got CCJ by default

have now received a Notice of application to register a restriction against the land B136(CO).

 

Will they get my home, no equity in it and mortgaged to the hilt.

What do i do now.

 

In addition, i stupidly took out 2 payday loans last year in a crisis

and have got into a mess with them which i am trying to sort out

but cant involve CCCS as didnt realise (didnt read small print) that this was banned whilst on a DMP,

 

should have been obvious to me really i know so darent tell CCCS as i believe they will cancel my DMP.

 

Dont know how to move forward, cant see a solution at all.

 

Can anyone take a look from an uninvolved stance and help me plan my next move.

[vjohn82]

Hi,

 

First things first.

 

1) When did you receive the CCJ?

 

2) When did you enter the Debt Management Plan?

 

Thanks,

 

vjohn82

[supasnooper]

As you say that you didn't receive any Court paperwork about the CCJ then you can apply to set it aside.

 

Have a look at these links about Setting Aside a CCJ -

 

A Guide To Setting Aside CCJ's You Never Received

 

CCJ removal inc. step by step guide

 

Applying for a Set-aside

 

Spamalot - CCJ and interest on debt. ***WON***

 

Setting aside the original CCJ of your CCA

 

 

 

... and it would be helpful if you could answer vj's questions

[supasnooper]

.........and you might want to look at sequecies guide to Charging Orders - http://www.consumeractiongroup.co.uk/forum/legal-issues/203298-guide-charging-orders-orders.html

[kken67]

The CCJ was in November 2009,

i entered the DMP in January 09 and it has run ok except for a little blip

and i missed one payment to them in September 09.

 

They were good about it and started collections again in October 09.

 

I rang them as soon as i received the CCJ in the post

but they indicated nothing could really be done

and just started sending the monthly payments to the solicitors who had been dealing with the CCJ.

 

I also sent a letter to the solicitors telling them we hadnt received the paperwork

and just got a reply saying tough luck it is sent by the courts not us.

 

They are still getting payments through CCCS so why are they playing so nasty!

[supasnooper]

The solicitors are correct, the papers are sent by the court.

 

I'm presuming that you have not moved address ?

 

Your only option to remove the CCJ is to apply to set it aside.

[kken67]

Not sure if this is the correct place to post so please excuse if it isnt.

 

Creation through Drydens solicitors are going for a final charging order tomorrow at 3.30pm.

This debt is for £1000 and has been paid through CCCS for the last year at £5 per month.

 

It hasnt stopped the solicitors though, they applied for and got a ccj by default as i didnt receive the papers.

I couldnt afford to have the ccj set aside so then got an iterim order and now this final charge hearing tomorrow.

 

All along i have corresponded with the solicitors asking them not to take this further but they have said at the present repayment the debt would take too long to repay so they need security.

 

It is my debt but our house is jointly owned and i have been reading on the internet that they will only get a restriction.

 

Also worried that if i challenge it and stop the order they will get nasty and go for bankruptcy or something.

We have 15 other creditors in total, been on a DMP for 1 year and everyone else is ok (ish) with us.

 

Any suggestions

[cerberusalert]

Moved to legal forum

[kken67]

Any advice anyone.

Have been trying to get my head around things for today. Think i have a few things in my favour ie

 

Debt is in my name but house jointly owned

10 plus additional creditors most of whom more indebted to

Daughter in college but longstanding kidney problems and acute hypertension

Son in sixth form doing A levels

 

I sent a letter to the court this hearing was originally scheduled for explaining that this was being paid through cccs but havent sent objections to this court (original court transfered to local court)

 

I wasnt aware that i had to send objections 7 days before until last night on reading other posts.

 

Can i take in written objections today?

Seems that most charging orders get agreed anyway but what restrictions should i request the judge set.

 

Any help would be greatly appreciated,

tbh cccs havent helped at all and i am finding out stuff myself through the internet but feel grossly unprepared.

Thanks in advance

[supasnooper]

Have a look at these links - Have a look at the links below on Charging Orders and what grounds you may oppose them -

 

Insolvency Helpline

National Debtline

A Guide to Charging Orders by Sequenci

[kken67]

Just got back from the court

 

the judge refused Creations application to finalise the charging order.

He said that it was clear i was taking responsibilty for my debts and as there is no or very little equity in the house he was refusing it.

 

I pay Creation through the CCCS albeit at 5 pounds a month on a 1000 pound debt.

 

Obviously in one way the judgement is great

but whats the likelihood they will try to make me bankrupt instead out of pure spite.

 

Dont know if it would have been better to let the charging order stand.

 

Very confused now.

 

Any advice?

[DuffNCustard]

They won't make you bankrupt - it would cost them too much money! They'd have to lay out several hundreds of pounds to get, by the sound of it, very little in return.

 

We see the debt collectors as vindictive and vicious but that is crediting them with far to much 'feeling', the only thing that yanks their chain is MONEY - thats it MONEY.

[supasnooper]

Well done on today.

 

I've also merged your threads as well.

[Rhia]

Well done.

 

Debt Collectors really are the pits.

 

There is a way of getting your debts written off (and not with one of these management companies) and it not affecting your home.

There was change in the law.

I am sure it's on here somewhere but if I can find the link I'll pop back.

[CBR600F]

I am so glad to hear about this:D

 

Mine was slightly more complicated as I had not even been able to pay a sustainable or if you prefer a regular token payment, the debt was hiked by 3.5K to 16K by HFC and fortunately or unfortunately however you want to read it, there is potentially enough equity in our property to clear all our debts:(

[kken67]

Thank you everyone for your support and for the merging of my posts.

 

All you who are going through this,

 

i sincerely hope you get the same outcome.

 

I guess mine was for a relatively small amount but it still stresses you out beyond belief so i am with you all in support.