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Upcoming Charging Order Hearing - Please Help


Jakem
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Hi,

 

I desperately need some help with an upcoming Final Charging Order hearing.

 

Quick Summary:

 

 

  • CCJ obtained in 2000 by Claimant due to Default on Mortgage of which I was not aware as the Ex Wife left the property.
  • Mortgage arrears of some £19.5k of which she has been paying £25 per month off.
  • Mortgage company used a tracing agency to find me back in 2002 at my Parent's address although I was not living there at the time. Contents of a Subject Access Request divulged that the Tracing agency were instructed to accept £5k as a F&F at the time.
  • Letters start dropping through on the doormat this year demanding payment of outstanding amount of £16.5k. No contact whatsoever between 2002 - 2010.
  • Interim Order has been granted, Final CO hearing in less than 2 weeks. I have offered £4.5k as a F&F, no joy. If the Final CO goes through I am looking at them going for the £16.5k + interest for aprrox total of £22k

I appreciate that I am liable for this but the fact that they are going after me for all of the outstanding amount when the Ex pays only £25 per month really pi.... me off.

 

The Claimants legal rep states that because the Ex was making regular payments pursuing me was not a priority. However due to the recent economic downturn they have since re-assessed their debt book!

 

They did not fully comply with the SAR - no T&C's forwarded...I mentioned this in a letter which I sent to the Court prior to me attending a set aside hearing but the DJ did not even consider it.

 

So, given that 10 years have passed since the CCJ was granted and the fact that the Ex is making regular payments is the below applicable?

 

Section 24 of the Limitation Act 1980 states that:

Time limit for actions to enforce judgments

(1) An action shall not be brought upon any judgment after the expiration of six years from the date on which the judgment became enforceable.

(2) No arrears of interest in respect of any judgment debt shall be recovered after the expiration of six years from the date on which the interest became due.

 

If not, is there anything that I can do to prevent this CO going through? They have made it clear that they will only accept £16k as a F&F. Payplan suggested filling out an I&E form and offering them a reasonable monthly amount.

 

What about me asking the Court to grant an instalment order so that I can make monthly payments which I can afford?

 

If this CO gets granted, plus interest I will be working the rest of my life to pay this thing off...

 

Thanks

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