Arrow Globals solicitorr trying to enforce Judgment on CCJ?

[JamieQ]

Hi, I recieved a letter today from Arrow Globals solicitor, demanding repayment in full of the the balance outstanding.

They say that they will take appropriate action to enforce the Judgment if I fail to pay.

The problem for is, I have been paying regularly the amount set by the court every month without fail. I am aware if you defualt on CCJ payments, creditors can apply for a charging order, but can creditors apply to enforce the CCJ further, where regular payments are being made?

Thanks in advance.

Edited February 26, 2011 by JamieQ

[rebel11]

Hi Jamie

 

Welcome to CAG

The guys will advise as soon as they are available.

[maroondevo52]

Hi,

 

Some info here...............

 

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

[JamieQ]

Hi,

 

Some info here...............

 

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

 

Thanks for the info, I already have one charging order on a CCJ when the judgment was ordered forthwith, but in the CCJ in question I was ordered by the court to pay x amount a month, which is what I have been doing since the CCJ was obtained.

[maroondevo52]

Hi,

 

It's not something I'm too clued up on but........

 

If there is an instalment order in place, a creditor would not be able to apply for a Charging Order.

 

Section 86(1) The County Courts Act 1984:

 

Where the court has made an order for payment of any sum of money by instalments, execution on the order shall not be issued until after default in payment of some instalment according to the order.

 

Hopefully someone will have an idea how to proceed.

[JamieQ]

Thats what I think or hope, so really I'm wondering what other Enforcement action can be taken if I am already paying what the court ordered in the first place?

[Gaston Grimsdyke]

The short answer is that no enforcement can issue whilst an instalment judgment is up to date. This includes a charging order, even though strictly a charging order is not enforcement. All solicitors know this, so must be an error or incompetence somewhere down the line; just point out that you are up to date under your instalment order and they should leave you alone.

[JamieQ]

The short answer is that no enforcement can issue whilst an instalment judgment is up to date. This includes a charging order, even though strictly a charging order is not enforcement. All solicitors know this, so must be an error or incompetence somewhere down the line; just point out that you are up to date under your instalment order and they should leave you alone.

Thanks for the reply