ccj,s and interim charge orders

[baldone]

hi could anyone tell me where to post a new thread regarding an interim charge order being made on a county court judgement please.

[baldone]

hi

 

I had a debt from an mbna credit card 2008,

 

early in 2012 dlc contacted me about this debt for £7289.

 

to cut a long story short I never replied and

 

their solicitors" aplins" took me to court and obtained an order to pay forthwith an amount of £7609 including costs

(I was away from home when the court forms arrived and when the judgement was made).

 

I contacted dlc and was told if I did not arrange full payment or pay by instalments they would put a charging order on my house.

 

I agreed to pay £1500 per anum in £150 monthly instalments(due to the fact I am a contractor and could not guarantee a regular monthly payment).

 

I continued with the payments and received statement of accounts on a regular basis showing a balance of £7459 despite regular monthly payments of £150.

 

I contacted dlc and they said they had not received any payments.

 

I told them I had payed through their own secured server with the reference number they gave me which I had to register

(got all payment reference numbers and bank statements to prove)

 

on the 9/07/2013 I got a letter from aplins saying because I had not made a payment under the ccj

they would go ahead with a charging order for £7459 this is despite me paying over £2400 to dlc.

 

on the 19/07/2013 I received a notice of arrears from dlc balance £7459 which also states notice for information only.

it does not affect any payment arrangement we have agreed with you and you do not have to respond.

 

on 11/11/2013 I received a letter from dlc telling me an interim charge order has been applied for.

 

I am due in court on 16/12/2013 any advice as to how to proceed would be appreciated

Edited November 13, 2013 by baldone
extra information

[AndyOrch]

Hi and welcome to CAG

 

Recently, the government has introduced a number of changes to charging orders and orders for sale as part of a number of reforms to the County Court system.

 

The First Change

 

Section 94 of the Tribunals, Courts and Enforcement Act 2007 was brought into force on 17 May 2012. The Act incorporates a new section 3A into the Charging Orders Act 1979 and has given the Lord Chancellor the power to make regulations providing that:

 

charging orders may not be imposed to secure an amount below a certain threshold; and

charging orders may not be enforced by orders for sale if the amount in question is below £1,000. This will only apply to debts regulated by the Consumer Credit Act. Indications at the current time are that this change will be introduced in December 2012.

 

The Second Change

 

Section 93 of the Tribunals, Courts and Enforcement Act 2007 will come into force on 1 October 2012. The amendments allow an application for a charging order to be made in cases where the debtor has not defaulted on payment of an instalment judgment. However, it should be noted that:

 

The court must take into consideration the fact that there has been no default when deciding whether to grant the order for sale; and

An order for sale to enforce the charging order may not be made at the same time as the application for the charging order unless the whole or part of an instalment which falls due under the judgment remains unpaid.

 

What does this mean in practice?

 

The second change is significant given that, as matters currently stand, if the debtor is making payment under an instalment judgment, it is not possible to apply for a charging order until a debtor defaults in payment of any of those instalments. Under the new legislation, even if a debtor is adhering to judgment instalments, the creditor is still entitled to secure the debt by way of a charge however, as indicated, the court must take into account that payments are being maintained when deciding whether to impose a final charging order over the debtor’s property.

 

Regards

 

Andy

[baldone]

hi Andy thankyou for the reply

 

I am bit thick with it

 

what does pm me a link to thread mean,

and how do I do it.

 

the information I am after is

 

can they get the order with all the descrepencies in the amount owed never mind what I have paid to be taken off.

 

if I pay an amount to take it below £1000 owed before the court date what will happen?.

 

regards baldone

[AndyOrch]

hi Andy thankyou for the reply I am bit thick with it what does pm me a link to thread mean, and how do I do it. (no need to Im here now )

the information I am after is can they get the order with all the descrepencies in the amount owed never mind what I have paid to be taken off. Yes see the second change above

if I pay an amount to take it below £1000 owed before the court date what will happen?. No effect thats if they wish to force sale

regards baldone

 

Regards

 

Andy

[baldone]

hi Andy thank you for the reply.

after what I have paid is taken off the original debt I am left with a balance of around £5000.

from your experience if I asked for a settlement figure to pay off the debt what would you say is a fair amount I should accept.

at a push I could probably pay the full amount before court date in weekly instalments.

also would the fact they have made a false sworn statement to court about the amount owed give me any bargaining power(just a thought)

regards baldone

[AndyOrch]

The hearing is to make the Charging Order final based on the judgment of the debt. Purley to secure the debt so any payments now will have little effect on the hearing....you could speak direct to the claimant and try to thrash some agreement out if they would vacate the hearing and cancel the charging order ?

[baldone]

hi Andy

thankyou for the reply, I will speak to them on monday

[baldone]

hi I am after a bit of advice about a charging order

I am due in court on 16/12/2013 the claimants solicitors have made a sworn statement of truth about the amount owed which is £2000 more than the actual amount owed

payments have been made by myself since the ccj .

the claiments have not taken this into account as they say they have not received them.

I have sent them emails with ref numbers which they supplied to which I have made payments through their own portal ie Santander.

this was 12 months ago and they have now decicided to go to court for the amount on the ccj plus interest and costs in the charging order. despite regular payments since.

I have sent a letter to the court and the creditors stating this with proof of payments made .

any advice to what I should or not say in court would be appreciated.

regards baldone.

[renegadeimp]

Do you have proof that they have lied? If so, wait until yoru turn and tell the court. Make sure to supply the evidence as part of your bundle before the hearing.

 

Is this actually santander chasing you? Or a DCA?

[BankFodder]

I would avoid using the word "lie" or making any suggestion about this. the courts don't like such serious allegations unless there is real proof of dishonesty.

 

Best simply to say that the claimants are mistaken and that you have proof that the payments were made.

Give the proof to the judge. What you can say is - that you have already supplied these proofs to the claimants and despite this don't appear to want to admit that the payments have been made and you are confused as to why they should not admit it as it is causing problems and inconvenience for everyone including the court.

 

Leave it at that. The judge will take over and will start questioning the claimants in order to get to the bottom of the matter. If you are right, the judge will not be happy.

Leave it to the judge and leave it to the judge to reach his own conclusions as to what has happened. Once you have made your point, then don't get involved.

Just make sure that your evidence - payments records are clear.

[baldone]

hi thank you both for the replies.

it is the dca that is chasing the debt.

the statement I have sent the court as part of my pack is .

the amount owed is £x and not £x as the creditors have made a sworn statement too all payments made are supplied from the creditors payment portal ie Santander

regards baldone

[renegadeimp]

Which DCA? Can you give us more background?

[baldone]

hi the dca is dlc the solicitors are aplins.

the ccj was in april 2012 to be paid forthwith.

I contacted dlc and started payments of £x per month to prevent charging order being made.

had an email from them in oct 2012 stating no payments been made.

sent them email stating they have been made and gave them ref numbers to prove.

I continued with payments and heard nothing else from dlc to say they had not received them until charging order date came

the original date of cca was 24/01/2008

regards baldone

[AndyOrch]

Two threads merged...please do not keep starting threads on the same matter.

 

Regards

 

Andy

[mjt2013]

At the risk of stating the obvious, are you absolutely sure you're making the payments correctly? A single missed digit for example and the payments won't be received

[baldone]

as far as I am aware I am.

to pay through Santander you have to put litigation number/name and address and email address to open account dlc have asked for this information to check.by email

I sent this by email in reply in august 2012 and have heard nothing since to say they have not received payments until the notification of charging order.