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Aware of Invalid Default Notice after Judgement of Order.


cagkaren
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Hi

 

I have an order of judgement for a credit card debt. I offered to pay £1 a month as advised by CCCS and this has been rejected and the claimant wants the full amount of £2000. I have written to the court asking them to reconsider due to severe financial difficulty and have a court hearing soon and I must attend. The Credit Card Company are now looking for a Charging order on our property held in joint names. The debt is in my name.

 

I have been reading this forum and it has come to my attention that my default notice appears to be invalid. It does not have my address on and does not state the date arrears should be paid by.

 

Is it correct that because of the stage I am at, the debt is now enforced or would an invalid default notice mean the debt can be challenged when I have my court hearing?

 

I acknowledged the debt on the court form.

 

The claimant has recently (since the order of judgement) made me an offer to pay the debt off at 50% so to not add it to the register.

 

Is an Order of Judgement a CCJ?

 

Thanks

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welcome to cag!

 

as you have acknowledged, then it may be difficult to challenge the ccj.

it does look like that you have a ccj.

have a look at these below for eg re charging order/ccj.

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=15_charging_orders_in_the_county_court

http://www.consumeractiongroup.co.uk/forum/showthread.php?203298-A-guide-to-Charging-Orders-amp-Orders-for-Sale

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

Edited by Ford
typo

IMO

:-):rant:

 

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Thanks for the information - I've had a read through and it's been helpful.

 

My default Notice is invalid so is it ok for the claimant to have taken it to court in the first place? Also, I was told that once it had reached the stage it has ie a court hearing and a charging order claim, that settlement offers by the claimant would be unlikely, however they are offering to settle. In people's experience is this a kind gesture on the claimant's part or are they not convinced they will get a charging order or are they even aware the DN is invalid? I was just wondering.

 

Thanks again.

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Thanks again.

 

I am happy to pay the debt I owe but I feel they are being aggressive in their approach and have threatened to add court charges and interest even though I have a ccj now for the full amount which is too much and I thought it was the judge's decision who pays the court charges and seems like saying that they have all but told me they that have won the redetermination hearing before it has been heard.

 

The default notice was issued and then they demanded the full amount well within 14 days. It makes me mad because I feel threatened by them and if my other creditors who have all agreed a £1 token payment see a charging order they may all do it.

 

Hope you can advise and thank you for the links. It is really helpful.

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I have written to the court asking them to reconsider due to severe financial difficulty and have a court hearing soon and I must attend.

Hi Karen and welcome to CAG

 

Firstly what is the hearing above for, Redetermination and have you completed a N245?

What date was the Judgment?

Which CC is it and how old is the account and which Sols are you up against.

 

Regards

 

Andy

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Hi

 

The hearing was for a Credit Card with the Nationwide and I asked to pay £1 per month as advised by CCCS and the court said I owe the full amount forthwith so a redetermination has been passed to my local court.

 

I haven't completed an N245 - I'm not sure what it is though. I did write to the court to ask them to reconsider.

 

The judgement was 7/9/10 and my hearing is mid November.

 

The account is 18 months old and with the Nationwide.

 

I'm not sure about sols - is that solicitors or something else?

 

Thank you.

Edited by cagkaren
Edited n245 info
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hi

 

re their 50% offer - if you were considering this, the current rules (see below for eg) are that if a judgement is paid in full within 'one month' then it won't be added to the register, and therefore won't be on your credit file etc. unfortunately, there's only a day left re the time limit! i don't know whether the fact that it is up for redetermination will give more time re the 'month' limit? perhaps andyorch can advise on this?

 

 

[ATTACH]22250[/ATTACH]

 

imo:-)

 

ps. yes, sols = solicitors

Edited by Ford
typo

IMO

:-):rant:

 

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Hi

 

I've read the link - thanks for that.

 

To my knowledge at this time they haven't applied for a charging order - they say unless I pay the ccj in full or arrange a settlement with them then they will apply for the charging order but are waiting for me to send a list of creditors before they can apply to the court.

 

There is no post interest awarded by the judgement - just the full amount less my £1 + court fee.

 

There is no PPI and the only unfair charges I can see other than the usua interestl is the Court fees because the court has charged and so have they and are threatening more court fees, land registry fees and agent fees + interest.

 

Also when they sent me a default notice on 6 april saying I had 21 days from the date of the letter to pay arrears, and have sent 2 letters demanding the full balance of the account, a week and two weeks before the 21 days was up.

 

I'm happy to pay what I owe because I spent the money and then my life changed so I couldn't pay - but I will. All my creditors have been understanding but these are aggressive and it just makes me mad to think if they have messed up my default notice rights and I don't want to use it if it is just a mistake, but why arn't they just be reasonable. That makes me mad.

 

Thank you for your help - its much appreciated.

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and have a court hearing soon and I must attend.

Hi Karen can you post up the Order from Court telling you to attend this hearing to enable me to advise further.

 

Regards

 

Andy

We could do with some help from you.

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Unfortunately I don't have a scanner or anything - the form says:

 

Notice of APPLICATION REDETERMINATION

 

TAKE NOTICE that the APPLICATION REDETERMINATION will take place on

xxx November 2010

at XXXXXXXX

 

When you should attend

 

Please note: This case may be released to another judge, possibility at a different court.

 

I've put crosses with the actual date and court.

 

Thank you

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Ok thanks Karen

 

I assume that is in response to your offer of £1 through CCCS which was rejected.This application has been made by the Claimant using the N245.You have stated that you have not filled one.

The hearing is basically for you to submit proof of income via a Income and expenditure submission.You did not defend the claim and therefore the Claimant gained Judgment (CCJ)

Can you check from the Notice of Judgment if it was forthwith (payment) You have made an offer to pay monthly how did you do this and what form can you recall using?

 

Regards

 

Andy

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Thanks Seq slip of the finger:wink:

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Hi

 

When I received the claim form I filled in the N9A admission form and there was a place to put income and expenditure on it and I offered the £1 on that form. I had a look at my claim form info and couldn't see the N244 you are referring to mentioned - the claim form was also a photocopy which had slipped so there was no form numbers visible on any of the forms but I could tell it was the N9A form because of the wording - there were 2 sheets I used.

 

I did write a letter to the court to reconsider and then got the redetermination.

 

It was a forthwith judgement.

 

Thank you

 

Karen

Edited by cagkaren
Forthwith info added
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Ok and NW are not happy with £1 hence the redetermination hearing.As stated attend with your I&E and the DJ will decide what payment will be made.Even if the Claimant is happy or not.

Once the above is agreed and finalised providing you never miss a payment NW can whistle to any possibility of a Charging Order,thats the Law.

Moving on to the DN you state is invalid, set a side on a CCJ is quite complex and with good reason any application should be made.With that in mind I personally would not attempt for that reason alone and would advocate that as you accepted the Judgment wouldn't advise throwing good after bad.However you can research the process and decide if this an option open to you.

 

Regards

 

Andy

We could do with some help from you.

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Many thanks Andy - I have a much better understanding now about the redetermination and I am going to follow your advice and not go for a set aside regarding the DN.

 

There is one more question - can they apply for a charging order before the redetermination and can the judge issue a charging order at the redetermination? Or only in the event I miss a payment if the judge awards monthly payments?

 

Thanks again Andy and Ford for all your help. I'm much happier about it now.

 

Best regards

 

Karen

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Many thanks Andy - I have a much better understanding now about the redetermination and I am going to follow your advice and not go for a set aside regarding the DN.

Wise move far easier to set a side if you had defended in the first instance.

There is one more question - can they apply for a charging order before the redetermination They could apply for an Interim CO but you would have been notified by now. COs are a 2 part process and can the judge issue a charging order at the redetermination? No Or only in the event I miss a payment if the judge awards monthly payments? Yes but the process is quite complex as said Interim application first then final second.

If and when your Redetermination is in place and as said, you never miss a payment that is a complete defence to any application for a CO.

Thanks again Andy and Ford for all your help. I'm much happier about it now.

 

Best regards

 

Karen

 

Keep your thread updated on the result of your hearing Karen

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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