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Hillesden Securities 2nd redetermination


PH1978
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Hello,

 

I am desperately looking for help with a CCJ issue I am having.

 

I received a CCJ for about £5,000 earlier this year from Hillesden Securities (represented by Aplins Solicitors).

 

I was ordered to pay £500 per month. I asked for it to be redertermined and the monthly payments were reduced to £60 per month.

 

I received a notice from the county court yesterday saying Hillesden Securities have applied for the CCJ to be redetermined again. They are actually asking to vary the order - is that the same thing? They say 'due to unforseen circumstances' they coudn't attend the last hearing and want to ask for a payment forthwith so they can seek a charging order on my property.

 

The first time it was redetermined I took along all my financial information and the judge decided £60 was a fair amount for both parties.

 

I have not missed any payments so how can Hillesden Securities have the CCJ varied in their favour?

 

I thought there was also a time limit for applying for a redetermination. It has been at least three months since the the CCJ was redetermined and more than four months since the original CCJ was granted.

 

They said they do not intend to apply for an order of sale and they simply want security on the debt.

 

My opinion is they should not even be in the position where they could apply for an order of sale until I default. A charging order is fairly extreme and shouldn't be a first resort. As Hillesden have a CCJ for the debt already, it would be easy enough for them to apply for a charging order if I did default so isn't that their security?

 

I am requesting an account statement from Hillesden Securities and will be taking all my financial information to the hearing but, for the third time this year, I am stressed and panicked about what the outcome will be.

 

Has anyone had experience of this? Is it possible to redetermine a charging order twice?

 

The redetermination hearing is at the end of November. If Hillesden won't give me a statement of my account I won't have enough time to make a subject access request. Does anyone know if they are obliged to give me a statement in less time?

 

I would be very grateful for any advice you can give.

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