drydens apply charging order

[idontbeleiveit]

I took out an egg loan then fell on hard times and couldn't afford to pay the repayments.

 

I laso had quite a few other creditors too so I went to the CCCS and they were great and I now have an arrangement with all creditors and I pay a set amount each month.

 

Howvever EGG passed the loan to Drydens Law DCA to deal with and they took out a charging order on my property.

 

Are Dryndens allowed to do this since the loan is on my name only yet the property belongs to my wife and is in joint names.

 

What can I do to get the charging order judgment set aside?

 

What is the process to follow.

 

Does anyone else have bad dealings with Drydens?

[Nick W]

I take it they registered a CCJ against you?

 

Do you have an interim or final charging order?

 

Nick

[idontbeleiveit]

Yes they took out a ccj and a final charging order they really stuck the knife in.

 

CCCS were in contact with them and we were trying to pay as much as possible but Drydens just pursued ccj and charging order.

[Nick W]

I think the first thing you need to do is get a copy of the CCA with the £1 cheque - to make sure everything is in order.

 

IF the debt is owed then I dont think you can have it set aside, along as there is a regular judgement against you.

[Varangian3]

Idont

 

I recently had one of these placed on my house, despite openly accusing the DCA of lying in the court about my lack of cooperation. The courts just seem to be in league with them - it really is scandalous.

 

later, the judge was very helpful (only me and him there) and stated that there was no order for payment rate made. He said that basically they had gone almost as far as they can now with the courts, and that DCAs tend to cool off when they ge tthe charging order, because they have security for the debt, at a level vastly beyond what they bought the debt for.

 

He said that he has very rarely granted an Order of Sale, and then only when someone sits in court and says they refuse to repay the debt. Otherwise (he says) the onus would be on the DCA to go to your local court and prove overwhelmingly that you had totally refused to pay them anything.

 

Did the court set a rate for repayment? For me, he said just pay what you can each month and keep the evidence. As long as you can justify hardship and regular payments, then there's not much more they can do. i intend to make life as difficult for the DCA as possible now;)

 

Also remember, that if you sell your house or remortgage, they will hit you for settlement of the full amount. Much better if you can settle it without selling, because they will always take a lot off for full settlement as they buy the debts for only about 10% of the face value - the rest is just robbery. Start haggling about 40% and make it clear that otherwise they won't get the money for years. You will be surprised how much you can get off, but you'd have to borrow this money, perhaps before you were selling so they didn't realise (then you could pay it back).

 

Hope this helps.

 

Varangian Guard