Creditor objected to the instalment order

[supasnooper]

Unfortunately, yes.........unless you have a valid reason to get the Charging order set aside.

 

Why do you ask ?

[inabind]

i have been thinking of getting a saturday job because if i can increase my payments to £100 per month, i should clear the debt in 4 years.

 

i thought i can only get the charging order set aside when i have paid off the ccj. is that the case?

[Ganymede]

i have been thinking of getting a saturday job because if i can increase my payments to £100 per month, i should clear the debt in 4 years.

 

i thought i can only get the charging order set aside when i have paid off the ccj. is that the case?

 

 

 

No, you will need to set aside the judgment and remove the charging order at the same time.

[Ganymede]

Looks like I'm wrong. This is what sequenci of the site team has to say on the subject.

 

Quote:

Originally Posted by meursault22

The Tribunals, Courts and Enforcement Act 2007 removes this restriction and enables access to charging orders in circumstances where a debtor is not yet in arrears with an installment order."

 

This didn't become law, it was removed from the act in the end

__________________

 

 

 

I was also under the impression that this did not become law?

[rhodium78]

Hey ganymede, after much digging, we concluded in a different thread unfortunately and not this one, that it was present in the act, it just wasn't made active unfortunately.

 

ATF, file the witness statement today with the Court!

 

Ok, so you are a few days short but fax the W/S to the other side as well so they are aware of it. Don't forget your statement of truth.

 

Worst comes to worst, you get belittled and the w/s is not accepted, but the best scenario is that it is accepted.

[thinkb4]

I Know this is an old post but still valid.

I had a similar issue so i did some research. I think we may have had the same district judge from the south of England. In fact in 99.9% of the cases this judge awards charging orders regardless of the details of the case and it normally only takes him 10minutes.

He has been made known to the Ministry of Justice. Unfortunately their is nothing you can do about his decision but pay back the ammount owed to discharge the order. I would write to the ministry of justice any way. Only if enough people speak up will this end.Alternatively any one who gets Judge James may as well pack their bags and go live in the streets.

Sorry for the bad news.

[inabind]

I have a CCJ and a charging order on a debt I have. The condition on the CO/CCJ was that I pay £65/month. Unfortunately I lost my job in August and I haven't made a payment since then.

 

This morning I received a letter from the creditor saying that if I didn't pay the debt in full, I would be made bankrupt. As I am back at work now I am getting paid at the end of the month. I can clear the payments I have missed to bring me up to date.

 

My concern is can I still be made bankrupt even if I clear the missed payments? Can I be made bankrupt over a secured debt since the CCJ is subject to a CO? Does the creditor have to go back to court to vary the order before trying any other enforcement options?

[citizenB]

I think the creditor does have to go back to court to enforce the judgment. I will flag your thread for the site team.

[inabind]

Thanks

[dx100uk]

watchout for charges

remember

they CANNOT add ANYTHING to the debt listed on the CCJ/CO.

 

dx

[citizenB]

It has been suggested you ask for a redetermination .. have the amount reassessed again. I dont know how you do this.. so will ask..

[inabind]

Thanks. I am planning on paying for the 3 months I have missed. Should they still decide to proceed with the bankruptcy petition I will try to argue that the CCJ/CO is up to date. They hold security against the debt.

 

Any help will be greatly appreciated.

 

Something else, according to my calculations the debt should be around £4k but in the letter I received they are asking for just under £7k. Can they add other charges other than interest to the debt? Charges e.g. debt recovery costs?

 

dx100uk said:

watchout for charges

remember

they CANNOT add ANYTHING to the debt listed on the CCJ/CO.

 

dx

 

According to my calculations the debt should be around £4k but in the letter I received they are asking for just under £7k. How do I fight against these extra charges?

 

I would also dispute the figure.

[citizenB]

What was the value of the CCJ ? That is the amount you have been ordered to pay... that is the amount you pay ?

[citizenB]

Yes, it's an application to vary the judgement, the fee is £40. However, he might try writing to them first and explaining the situation with his offer to clear the missed payments now he has a job

 

Attached Files

• n245_0204.pdf‎ (213
  

 

.

 

One of the site team has given me the information above for you.

 

HTH.

[inabind]

Thanks citizenB.

 

I am a bit confused when I make the application what will I be asking to vary? I think the amount I am paying is ok. How will this affect the threats of bankruptcy?