LOwell/Cohen - CCJ RE:old Barclay Card CCJ - trying to apply for charging order against my property

[lady21]

Hi,

Could anyone help me please.

I've received a letter today advising me a debtor is trying to apply for a charging order against my property.

How do I object to this and what are my best arguments for this action not take place?

 

It was a debt I had with barclaycard and I was paying £1 a month good will gesture payment but they since sold debt on to a number of companies so every time I wrote to new debtor advising offer of payment was alway transferred to another .

 

Then next thing I know received this in post!

 

Any advise will be appreciated x

Thanks

[AndyOrch]

Who is the letter from advising you of this ?

 

Thread moved to Financial Legal Issues.

[lady21]

Who is the letter from advising you of this ?

 

Thread moved to Financial Legal Issues.

 

 

Thank you

 

Howard cohen & co solicitors it's says on letter.

[AndyOrch]

Its a Debt Collector...the cant do anything unless they have a CCJ County court judgment against you already.

 

Regards

 

Andy

[lady21]

Last year I think I received a claim form in the county court business centre is that a ccj? Sorry for my ignorance X I was on maternity so was all over the place x

[BankFodder]

By the way, we better get some language straight. You are referring to the creditor – not the debtor. You are the debtor – the person who owes the money.

 

Notwithstanding the advice given above, I would certainly answer the letter informing you that there is an attempt to place a charge in a property and make sure that you say that there is no authority to do so and that you object. Make sure you send the letter by Tracked next day delivery

[lady21]

By the way, we better get some language straight. You are referring to the creditor – not the debtor. You are the debtor – the person who owes the money.

 

Notwithstanding the advice given above, I would certainly answer the letter informing you that there is an attempt to place a charge in a property and make sure that you say that there is no authority to do so and that you object. Make sure you send the letter by Tracked next day delivery

 

Thank you for your help.

 

I will send letter asap special delivery x

[AndyOrch]

Last year I think I received a claim form in the county court business centre is that a ccj? Sorry for my ignorance X I was on maternity so was all over the place x

 

Did you respond to this claim...did you defend it ?

[lady21]

Did you respond to this claim...did you defend it ?

 

In all honesty I'm pretty sure I put it to one side and never dealt with it x

[AndyOrch]

Then you do have a CCJ and the Claimant is within its rights to execute the judgment by way of a charging order against your property...and there is very little you can do to stop it.

 

Have you never made arrangement to pay the judgment ?

[AndyOrch]

Perhaps type out the contents of this letter (verbatim) and lets see whats on offer to stop them taking this action.

[Ganymede]

Thank you for your help.

 

I will send letter asap special delivery x

 

 

Don't waste £7 on a Special Delivery letter.

 

You won't stop the Charging Order so just see if you can arrange a repayment plan.

[lady21]

Perhaps type out the contents of this letter (verbatim) and lets see whats on offer to stop them taking this action.

 

Attached is a copy of the interim charging order accompanying n379 application that was submitted with the ccmcc which granted the aforementioned order.

 

Shall I post copy of chargin order but blurr out my details?

[AndyOrch]

So they have already applied ...no need to upload anything....as stated there is nothing you can do......if you dont pay a CCJ then this is what they do.

[lady21]

So they have already applied ...no need to upload anything....as stated there is nothing you can do......if you dont pay a CCJ then this is what they do.

 

 

It does say notice to parties served with this interim charging order

3. Where the interim charging order has been made by a court officer, any party may request that the decision be reconsidered by a district judge.

4. Unless the judgement debtor or any other person files and serves their objection to the continuation of the charge in writing within 28 days the application will be considered by a district judge?

 

So is it worth my while writing to object?

[AndyOrch]

No..it will proceed anyway.

 

If you have a joint mortgage and the debt is in your name only the charge will only be placed on your share of the property.

[lady21]

No..it will proceed anyway.

 

ok thanks

[lady21]

No..it will proceed anyway.

 

If you have a joint mortgage and the debt is in your name only the charge will only be placed on your share of the property.

 

Yes it is joint mortgage

[AndyOrch]

And a debt in your name only ?

[lady21]

And a debt in your name only ?

 

Yep debt just in my name

[lady21]

And a debt in your name only ?

 

They have wrote to my husband too saying same thing but no mention of just my share? Just on the property x

[AndyOrch]

Who has wrote to your husband ....Cohen or the Land Registry ?