Charging Order Different Address

[FozzCov]

I had a Money Claim issued to me from a previous creditor to my parent’s address where I don't actually live myself, as I did not respond to the claim within 28 days it has now turned into a CCJ.

 

I have now received a letter to a property 4 weeks later which I own stating that they have made an application to the court for a charging order on this property; however the address is not the address where the CCJ has been issued and there is no clear link or evidence to even suggest this property is even linked to my parents where the original CCJ was issued.

 

“Application For Charging Order” is the first piece of correspondence I have received at this address.

 

Without going to much into the original debt at this stage which I don’t even acknowledge as being a debt, is it possible for them to get a charging order on a property or address which was not where the original CCJ was issued.

 

Please can someone advise me on this?

Thank you

[mjt2013]

They can only get a charging order over your property, not your parents'

 

Why didn't you respond to the claim if you don't think the money is due?

[mjt2013]

My last post was unclear, what I mean is that they can get a charging order over your property whether it not you live there and whether or not the claim was served there.

[FozzCov]

The claim was issued to my parents house and was only received by me after the 28 day period, My father had written in as he shares the same name as me stating they had the wrong person, By the time i was informed and had chance to respond to it personally the 28 day had passed and the CCJ had been issued.

 

I may try to have it set aside then in that case is this an option for me as i did not get chance to reply in time as i did not live at the address?

 

It is a Conditional Sale Agreement where by i returned the vehicle after halfway as per the terms, however the finance company still pursued me for the shortfall and then sold the debt on.

[mjt2013]

You could apply to have the CCJ set aside on the basis of invalid service. Read Parts 12 and 13 of the Civil procedure Rules (they're available online) and then come back with any questions.

[FozzCov]

Thanks for your quick response on this.

 

How do they apply to the court for a charging order on a different address from where they sent the CCJ to, On what grounds would they be able to prove that's my address as its the first correspondence ive had there.

 

They made a mistake first time round as i share the same name as my dad but obviously different D.O.B.which is why they sent the Claim Form there after searching for my name, The original Debt Defaulted in 2006 and i have lived at many addresses since then.

 

Is this debt Statute Barred anyhow as ive received no correspondence since 2006??

 

The real annoying thing is the car went back so i should owe any money anyway but they wont even look into it!

[mjt2013]

When did you last make a payment or acknowledge the debt in writing?

 

As for the differing addresses, they would have checked the land registry and seen you own a property which can then be subject to a charging order. For issuing a claim they would have had to send the papers to your last known address.

[FozzCov]

I have not acknowledged this as being a debt or any correspondence since 2006 when it was with the original creditor.

[FozzCov]

Also agreement has extra insurances added, Accidental Death and GAP, I heard something that the agreement may not be enforceable due to these insurances added??