amigo loan ccj & guarantors CO - do i need to pay still?

[sikez2012]

I stupidly took a loan out with amigo,

lost my job and couldn't pay the monthly amount,

 

my guarantor struggled after coming out of work with ill health so too couldn't repay,

 

Amigo issued a ccj against me and the guarantor even though we called them and advised them of the issues and asked for the monthly payments to be reduced..erm no wouldn't do it,

 

I pay £50 per month to amigo after getting the ccj that was what was awarded to them,

 

Amigo then went ahead and put a charing order on my guarantors home,

 

my guarantor has told me not to pay the £50 per month with the order being put on their house

 

i have continued to pay the £50 regardless

..but with the order being on the house would you normally be expected to pay the balance or would amigo be if the home gets sold then i get my money anyway.

 

In paying the £50 per month the debts coming down but dont fully see why they put a charging order on the guarantors house because if i dont pay they go back to court for the bailiffs???

 

i'm lost with it all and dont understand it to be honest

can anybody help please.

[fkofilee]

The Charging order that has been placed is a "Security" in the event the debt isnt paid, enforced in the courts.

Its up to you if you wish to continue paying BUT... I would...

[obiter dictum]

I have to ask as i really do not know

 

Just because a CCJ has been granted does not mean a charging order application is by default granted??

 

Does there have to be a threshold on capital owing before a charging order can be requested post CCJ??

 

Is a charging order simply a restriction if the house is sold the 1st and 2nd charges get paid first before the borrower on any capital remaining?

[dx100uk]

No

It's simply security

 

Is the guarantors home in joint names?

 

Dx

[sikez2012]

Yes home in joint names..so i carry on paying?

[dx100uk]

So it can't be a co

It must simply be a restriction

 

The restriction will be removed once the debt is paid

 

Dx

[sikez2012]

I know they both received a letter from the land registry so would prove the order was added or a restriction?

[Old Cogger]

normal practice for joint owners from Land registry, but the guarantor in this case is one then only a Restriction can be registered, not a full charging order, as the other party is not involved so cannot be held responsible.

[ThedaBara]

But a creditor may still apply for a forced sale, even with a restriction, affecting both the guarantor AND the joint owner if the payments cease...

[Ganymede]

So it can't be a co

It must simply be a restriction

 

The restriction will be removed once the debt is paid

 

Dx

 

It is a full Charging Order.

 

The Charging Order is granted and the registered against the property in one of two usual ways:

 

1. Equitable Charge - One Defendant and sole property owner.

 

2. Restriction - One Defendant but multiple owners.

 

Either of the above can be used to apply for an Order for Sale.

 

Only an Equitable Charge needs to be paid when the house is sold.

[sikez2012]

I had a ccj issued by Amigo 2-3 yrs ago set at £50 per month untill paid off,

 

today receive a letter with a header saying NOTICE OF ASSIGNMENT from Amigo saying they have now sold the ccj to 1st credit and not to pay amigo anymore but 1st credit,

 

enclosed was a letter as well from 1st credit saying they bought the debt on the 12th of December 16 and to now pay them and to ring them to confirm the payment plan which will be honoured at £50 per month??,

 

My issue is the court papers i have say to pay Amigo which have now relinquished the rights to collecting by selling it on so wouldn't 1st credit need to go to court to get the order altered into their name for collection?

 

Amigo would not now be able to enforce the ccj due to selling it

is that correct

and one ccj can only be issued

so 1st crdit wouldn't be able to issue a ccj only get the origonal order altered at their expense etc...

 

.any advice on what to do would be appreciated.

[Bazooka Boo]

AFAIK, you ONLY pay who is named on the judgement, and if Amigo have flogged it off after winning the judgement, then the new owners would be required to go to court to have the judgement amended yes.

 

Have you checked your credit file to see who is mentioned against the CCJ?

 

Had you reclaimed ALL of the fees/charges Amigo levied on your account prior to their CCJ?

Did you not defend it?

How much is still owing on the CCJ??

[sikez2012]

Amigo are named for the ccj

 

£4500 roughly still owed at £50 per month

 

I did advise amigo i couldnt keep up the repayments but they would not reduce ayment, fee wise never seen anything showing added fees prior to ccj being issued,

 

The paperwork says pay amigo but letter from amigo says dont pay them so what do you do?

[dx100uk]

a CCJ can be sold on.

 

 

so you've not been keeping up the payments since the CCJ?

 

 

dx

[sikez2012]

Yes payments paid every month since ccj issued so baffled why its been sold.

 

It does say i havent been paying the agreed amount

 

but i can only assume Amigo are on about the original monthly payment before the ccj was issued

 

which clearly says £50 per month untill paid

 

so yes payment as set by the court has been paid to amigo each month.

[renegadeimp]

And if 1st credit do have the legal right to collect,

 

you only ever pay what the court told you to pay.

 

NOT what 1st credit told you.

 

One of 1st credits tricks is to get you to pay more or less so you default,

 

then they run to court claiming a breach and they want enforcement orders.

[sikez2012]

Would 1st credit not have to get the original ccj altered to pay them before i start sending them money

 

so the court agree to it being changed from Amigo to 1st credit

 

or are they trying to get me to pay without going to court and getting the paperwork changed?

[Bazooka Boo]

You can contact the court who awarded the CCJ yes and ask for their advice.

 

But in hindsight of the merged thread, to stop paying what the ''court ordered'' wouldn't bode well for you, so continue paying the agreed amount the court ordered.

[sikez2012]

Just looked at the paperwork and Amigos letter states 'because you never paid the contractual agreed payments' thats why its been sold, But after the ccj issued its been paid every moth as set by the court,

 

On 1st credits letter it says i have 30 days to contact them to speak to them about the arrangement, i have no details of how to pay first credit just the paper the letters issued on and nothing else,

 

One thing i did notice was down the edge of the paperwork the markings and numbers are the same all be it one digit how can two pieces of paper be off the same computer yet from different companys and both in the same envelope?

[dx100uk]

old and new threads merged

 

as a restriction exists

theres no compulsion to pay anyone anything.

 

that's why amigo sold it on.

 

pers id stop paying

all you are doing it lining the dCA's pocket.

 

theres nothing further they can do you are correct

 

its only a restriction k

all your guarantor might ever have to do

is tell them the house is sold. afterwards....

[sikez2012]

Ah right,

 

they were due to be paid on the 10th of jan,

 

so do i sit tight and see if 1st credit issue court paperwork for change of payee?

 

Chances are they will issue letters saying this and that but as stated one ccj can be only issued ans Amigo have relinquished any enforcement rights as it stands untill/if 1st credit get court paperwork advising to pay them then and only then pay 1st credit the £50 as the court stated.

[dx100uk]

the court ordered the £50PCM

but that was before the restriction was granted.

 

 

pers id sit on your hands

and save yourself £50PCM

[ThedaBara]

What about the guarantor? Might they have to sell their home if the creditor gets nasty and wants paying? TB

[dx100uk]

very rare on a simple restriction k .

and it could only be the named company on the restriction k not a debt buyer.

[sikez2012]

Update,

I called the court in question ref the CCJ,

They said it wasn't live on their system and under the payee name of Amigo not the company it's been sold to,

 

Advised they can (Amigo)sell it on but wouldn't advise any further,

I said to the court in theory the new purchaser if they want paying should be taking this back to court to get their name put on the claim

told yes thats right so going to sit tight and see what happens,

 

Read the claim form from the court and it says to pay the company on the claim form only so untill i genuine paperwork advising of anything other then that's what i'm doing,

 

The paperwork from the new debt collection agency says to call them within 30days to arrange payment.

 

.as far as i see it payment was agreed and set by the court to Amigo,

Upon Amigo selling it they relinquished the right to collect it,

 

The new debt collector untill or if they ever do go back to court to change the payee's name is getting nothing and if they want payment then they can do the donkey work i'm not calling them.