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Hi

I used to run a small shop as a sole trader and business was not good and stopped trading in january 2009 and left the premises, which were on short licence basis.

 

I have few creditors which i dealt with in past at my shop address and someone at the shop which i left used my name and bought some goods from my creditors under my business name.

 

A High Court enforcement officer turned at my home in Sep 2009 to ask the money from me for the debt, which is not mine, I applied for set judgement aside (which was taken in default at the address of shop which I left in 2009). I done all i could to convince court that someone has used my business name and not paid for.

The judge di not agree and asked me to pay for the debt which is in efect not mine.

Meanwhile this creditor, after taking CCJ on my business name, has gone through and asked the charging order for the debt to be paid against my house.

I am planning to go into DMP and need to know if these debts which i ma not liable but still have to pay and they have taken a charge against my house. does this form as unsecured debt or secured?

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If they have the Charging Order it's a secured debt. Secured against your property

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hi

It is a charging order but the debt was un secured can this be converted in secured debt by taking charge over my property. so, what about all people say about DMP and unsecured debts can be written off. etc, etc

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It may well have intially been an unsecured debt but once it the Charging Orders granted it becomes secured. With a dmp debts are not written off they are just managed by a company on your behalf with you paying a set amount of money each month to the management company.

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It seems that you need to get some advice from one of the debt charities to explain the options available to you as you do not seem to have a full understanding of what you are looking to sign up for

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