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raccoon19

A+L/shoosmiths want to put charge on house

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Hi everyone, This case could reflect my own. I have just one question to ask if I may. On the 27th April Diddydicky said they could not get a charge against the property without a CCJ first. Does this mean that they can only get a CCJ and not bypass that and go straight for the charge on property. Shoesmiths solicitors are working for A/L in my case.

Sorry for jumping in.

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They can not apply for a charging order without gaining a CCJ against you first unless you agree to a voluntary Charging Order.

 

Some solictors will go for a CCJ and the moment it is granted make an application for a charging order despite a payment order being agreed.

 

The best thing to do is fight tooth and nail against a CCJ being granted - that way they have no chance of securing a Charging order on your property

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if a ccj is awarded the plaintiff can ask for payment in full and you will no doubt have your income and expenditure to hand and will make an offer to pay

 

it is virtually unheard of (unless it is a commercial debt) that the court will not allow you time to pay

 

it is also virtually unheard of, having agreed a monthly payment plan for the court to then agree to a charging order

 

in those cases where this has happened the creditor has found that the debtor has hidden assets, has had a substantial increase in income and refuses to pay more or the level of payments being offered would mean that it would take very many years (sometimes as long as 60) to pay the debt this way.

 

even were they to get a charging order they again would find it very difficult to force a sale again unless you were found out to be being naughty in some way with regard to repayments

 

as has been suggested fight the case but do not lose too much sleep over a ccj

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A big thanks to everyone. A lot to read but will look into everything.

Thanks for letting me hijack the thread.

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Hi everyone, hope you dont mind me jumping in with a question.

I have read through the guide to charging orders. One thing I need to understand is that when the creditor goes for the CCJ and at that time the court agrees to it but does not apply an "installment order" the creditor then goes for the Charging order. How do I get the court to apply a "Installment order" at that time.

Sorry for just dropping in like this.

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Hey there.

 

You have two options.

 

1) If the original judgment was determined by a court clark then you could apply for a re-determination; this would need to be within 14 days.

 

2) If the judgment was a default judgment or if the 14 days have expired you would need to apply for a 'variation' of the judgment; you do this on the n245 form - there is a £35 fee.

 

Be quick though, the faster you do this - the better!

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