Natwest/Eversheds CCJ with CO HELP!!!!!

[kitty40]

Hello All,

 

Totally new to this so be kind:smile:,

 

My Husband has recently gained a CCJ from Natwest for a loan and two overdraft accounts. We have just received the formal judgement from the court and we read it as the judge has allowed eversheds to Enforce the judgement by a CO immediatley, even though an installment plan is mentioned. It reads:

 

It is ordered that :

 

1. Judgment be entered for the claimant against the defendent for the amount claimed and admitted by the defendent payable forthwith.

2. Enforcement of the judgment is alloed by the issue of an application for a charging order but not otherwise without further order. Whether an order should be granted will be decided when an application is made and responses from the debtor and or other creditors have been considered.

3. Apart from a charging order all other forms of execution are stayed as long as the defendant pays a minimum of £200 per month to the claimant in respect of the judgment and costs the first such payment to be made on or before 1st Sept 2011.

 

We feel very angry at the judgement as we offered a higher amount than £200, and this seems to have been ignored. We haven't even been allowed the opportunity to pay in installments before recourse to a CO is allowed. Can anybody help? Should we apply for a redetermination ?

[rebel11]

Hi kitty

 

Welcome to CAG

 

The guys will be happy to advise as soon as they are available.

 

Thread moved.

[kitty40]

Hi Rebel11,

 

thanks. Is there anyone who can help ?

[cymruambyth]

Hi Kitty and welcome. It seems to me that although the CCJ was forthwith, the DJ also made an order for paying by instalments. Did you husband admit the debt? Roughly how much was it?

 

If you maintain payments and depending on when a CO is applied for, there are arguments that you can use and case law, Mercantile credit v Ellis.

 

If it is just your husband's debt and you both own the property, the CO will be a restriction.