Final Charging Order Information required.

[Lunacy]

Hi,

was wondering if anyone had any advice for me please,

after years of having a CCJ for a unsecured debt of £5000 in which I was paying £4 a month and never missed a payment, in 2011 the debtor took me to court to request a charging order on my joint mortgaged property,

I challenged it in court as I'd kept up my payments as per the CCJ order and that it was an unsecured loan, but the judge took the side of the debtor as he said that I would never be able to pay it back therefore he granted the debtor a final charging order of £12k including cost and interest of which i have been paying the debtor a token payment of £10 per month ever since,

Unlucky me, as I believe in October 2012 the law changed stating that if you have kept up your repayments on a CCJ then they can no longer get a charging order.

Since then, the charging order has changed hands to another DCA and I usually receive a statement every 2 to 3 years,

out of the blue I have now received a letter from their solicitor asking me to fill in an income and expenditure sheet,

 my question is,

do I fill it in or not

as I could have sworn that the Judge said back in 2011, it's over and done now, so you can get on with your life?

[dx100uk]

please copy and paste the relevant text from your deeds regarding this. (use the .gov.uk site ONLY if you dont have a copy)

i suspect this is a restriction k, which means you don't need to pay anything to anyone and never did!... even if you sell your jointly owned home , you don't have to pay anything anyway other that the buyer writes to LR the home is now mine and the Rest k is thus removed. 

6 hours ago, Lunacy said:

it was an unsecured loan

who was the original creditor?

 

6 hours ago, Lunacy said:

but the judge took the side of the debtor

debtor? you mean claimant - who was?

6 hours ago, Lunacy said:

Since then, the charging order has changed hands to another DCA and I usually receive a statement every 2 to 3 years,

who are?

seems to me you are being had blind...

dx

 

 

[AndyOrch]

On 18/03/2024 at 17:45, Lunacy said:

October 2012 the law changed stating that if you have kept up your repayments on a CCJ then they can no longer get a charging order.

The law changed on 1 October 2012. If a creditor applies for a CCJ against you after this date, the creditor can get a charging order even if you are up to date with the instalments the court ordered you to pay.