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nicurro

Old Black Horse CCJ

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Hi ,

Blackhorse finance gained a charging order on my property a few years ago ,

they then got a CCJ which i had money taken from my wages to pay.

 

Since July 2011 i have been unable to work and now live on benefits , no payments have been made since.

 

I received a letter from their solicitor saying that they are going to seek a warrant for sale of goods.

 

Can i do anything to stop this as i am unable at present to pay anymore than £1.00 / month and my budget sheet from the CCCS shows this.

 

Is it worth asking for the debt to be written off or the Judgement set aside because of illness?

 

Thanks

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Hi Nic

 

Is the CO and CCJ for the same debt ? Its just if they are you seem to have them in the wrong order of process.

 

 

Regards

 

Andy


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Hi , it is the same debt ,

not sure if the CCJ was gained but the charging order was and then they wanted payment towards the CO.

 

When my protected earnings level is reached no payments are made by my employer.

 

As i am now on benefits no payments have been made since July 2010 but now they are wanting the Warrant.

 

Cheers

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Ok If and when they do get a Warrant you will simply make application to suspend; this application must state reasons, for instance an offer to pay by installments, and usually requires payment of a fee. The court will inform the creditor of the application and require them to confirm whether they agree to the suspension and if not to state why and, in the case of an offer, what they would accept.

If the suspension is contested the Court will list the application for a hearing. The court will there decide whether the warrant should be suspended, and whether terms attach to the suspension. The Court is not bound by the party's suggested payment regimes.

 

 

Regards

 

Andy


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Yes, apply to suspend the warrant. And in the meantime ensure that any bailiff who calls is never allowed access to your home. They have no right of entry, except if you allow them in once and thereafter they can break in. They are, essentially, impotent and most creditors only use them as a last resort for nuisance value. No chance of getting judgment set aside as there is no dispute to the debt, and nor is there any reason for them to abandon the security of the charging order.

 

Incidentally warrants can, and in fact must, be issued for debts in excess of 5K if the judgment arises out of an agreement regulated by the Consumer Credit Act. Creditors cannot use High Court Enforcement Officers.

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Hi ,

 

I have just been contacted by Mortimer Clarke solicitors about a CCJ that Black Horse finance had against me.

 

I believe Black Horse no longer exist and Mortimer Clarke are now wanting the payment arrangement making with them , if I do not contact them they say that they will apply for the CCJ to be transferred to them.

 

Is it worth me sending CCA request to Mortimer Clarke or has anyone any advice on dealing with this.

 

Nic

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black horse are still around but that makes no odds

 

lots of people are getting the letters on old Lloyds/TSB/Blackhorse CCJ's

[and your old thread says you've a CO on this debt too?]

 

to put it bluntly its willy waving trying to fleece you.

 

what date was the CCJ?


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Hi ,

Not quite sure of the date but think it was around 2012.

When I searched my record through Trust online there was no record of it.

 

Nic

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prob attained at an old address so you need to search that address

 

 

should be on your credit file that's free


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