CCJ - Charging Order - & now Attachment of Earnings order too?

[stardeed]

My husband had a CCJ requesting payments of over £200 a month, no way he could afford that but he didn't know at the time that he could've gone for a redetermination. About a month after the CCJ the DCA went for a charging order that became final in October last year.

 

8 days after the CO was final, the DCA went for an Attachment of Earnings order which means his employer has to dock £25 a week from his pay

 

Question: Can a CCJ be enforced by more than one court order at the same time? Isn't the CO pretty much pointless once an attachment of earnings order is in place?

[cerberusalert]

Moved to Legal Forum.

[sleepingdog]

Hi stardeed. The CO gives the DCA a charge over your home and if your husband did not pay the amounts as determined by the courts then they could in extreme cases apply for an order for a sale of your home. As long as your husbands employer deducts the £25 per week and pays the DCA there should be no problems.

sleepingdog

[stardeed]

I'm really peeved that they went for 2 types of enforcement tho, it's bumped the debt up by £200, if they'd just gone for the attachment of earnings they could still get their hands on the money - I think the charging order is just excessive!

 

Hi stardeed. The CO gives the DCA a charge over your home and if your husband did not pay the amounts as determined by the courts then they could in extreme cases apply for an order for a sale of your home. As long as your husbands employer deducts the £25 per week and pays the DCA there should be no problems.

sleepingdog

[sleepingdog]

Hi stardeed , I agree with you regarding the increase of the debt due to the court costs etc ,there seems no logic on increasing the debt when all you want is to finnish paying it off, I sometimes wonder if they do it because they can.

sleepingdog

[stardeed]

Maybe there's a case for us all being able to reclaim these unfair charges at some point in the future, like credit card charges etc... we can dream at least!

 

Hi stardeed , I agree with you regarding the increase of the debt due to the court costs etc ,there seems no logic on increasing the debt when all you want is to finnish paying it off, I sometimes wonder if they do it because they can.

sleepingdog

Edited April 27, 2010 by stardeed
typo

[stardeed]

What really p***es me off is the fact that some court clerk or judge [in his/her wisdom] set the monthly payments on the CCJ at £230 a month [despite the fact there was no income left at the end of each month] so it was clear we wouldn't be able to pay that. We didn't know at the time [this was pre-cag days] that we could ask for a redetermination. Yet the aoe order requested £100 a month, which I would've been willing to pay from my small amount of savings If the CCJ had requested £100 a month then we could have avoided these 2 extra court charges being added.

 

Today my husbands elderly parents gave us a cheque to pay the whole damn debt off. Hubby's been getting so stressed out over the last few weeks and they wanted to spare him any further worries. He was totally demoralised when his boss told him that he'd have to start taking £25 a week from his wages [he poor guy was apologising when it wasn't even his fault] we shall now pay THEM back rather than the vile blood sucking parasitic leeches aka the dca!

 

 

Hi stardeed. The CO gives the DCA a charge over your home and if your husband did not pay the amounts as determined by the courts then they could in extreme cases apply for an order for a sale of your home. As long as your husbands employer deducts the £25 per week and pays the DCA there should be no problems.

sleepingdog

[sleepingdog]

Hi stardeed ,I fully understand the stresses involved as do all caggers ,also we all made many 'mistakes' before we knew of CAG .In my case the first I found out about a AOE was when my employers accountant had a quiet word with me and I was gutted at the time. Having a great credit history for many decades I was shocked at how nasty both OCs and DCAs could get and all of the threats and intimadation methods that they use.

sleepingdog

[pompeyfaith]

If you have paid this off be sure to get a reciept stating that the debt is paid up.

 

Then take this to the court and ask for a notice of satisfaction.

 

As this went to court it is most important that they are aware that it is paid off so the previous orders can be cancelled.

 

http://www.insolvencyhelpline.co.uk/legal_issues_explained/certificate_of_satisfaction.php

 

PF

Edited April 27, 2010 by pompeyfaith

[pompeyfaith]

Just fill in this form enclose the prove that the debt is paid and the fee which I believe is £15 and send to the court in return you will get a certificate of satisfaction.

 

Once you have this store it safely just in case they come after you for more money.

 

 

 

http://www.insolvencyhelpline.co.uk/downloads/pdf-files/certificate_of_satisfaction-cancellation_n443_0406.pdf

Edited April 27, 2010 by pompeyfaith

[stardeed]

Thanx pompey, the payment was sent direct to HMCS (CAPS) so that the dca can't deny receiving it, I don't trust any dca any further than I could throw them so I wanted the court to be the middleman so to speak. When we get the cert I think I'll frame the damn thing and heaven help any1 who dares to pursue it now they've had their pound [and a half] of flesh.

 

I think i'll need the cert to get the charging order removed? I don't think for 1 minute that the dca will be bothered about getting it removed unlike their eagerness to get it put on to the title deeds in the first place, in an attempt to intimidate the hell out of us!

 

Just fill in this form enclose the prove that the debt is paid and the fee which I believe is £15 and send to the court in return you will get a certificate of satisfaction.

 

Once you have this store it safely just in case they come after you for more money.

 

 

 

http://www.insolvencyhelpline.co.uk/downloads/pdf-files/certificate_of_satisfaction-cancellation_n443_0406.pdf

[pompeyfaith]

id give the court a ring as i think they can remove the CO they should also inform the CRA so the CCJ can be marked as satisfied

[stardeed]

They seem thrive on intimidating ppl and causing humiliation. Some of the websites set up to offer advice/services to dca's that I've stumbled across have been real eye openers!!! Refering to ppl in debt as 'prey' and writng a whole 'play on words' paragraph using hunting terminology throughout. How utterly disgusting is that?

 

One forum-style website that it seems debt collectors use had a thread where one piece of advice was to start bricking a debtors windows to make them see sense!!

 

Big financial institutions can screw up, get bailed out by the government using tax-payers money [and still dish out the big fat bonuses to them who don't need it] but if the average Joe screws up with money - tough, you're on your own

 

 

Hi stardeed ,I fully understand the stresses involved as do all caggers ,also we all made many 'mistakes' before we knew of CAG .In my case the first I found out about a AOE was when my employers accountant had a quiet word with me and I was gutted at the time. Having a great credit history for many decades I was shocked at how nasty both OCs and DCAs could get and all of the threats and intimadation methods that they use.

sleepingdog

[stardeed]

WIll do, cheers

 

id give the court a ring as i think they can remove the CO they should also inform the CRA so the CCJ can be marked as satisfied