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Is it too late?


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My partner had a CCJ issued as o forthwith judgement in December last year. He never replied to the original claim due to the christmas post and so filed for a variation to pay monthly. This of course was rejected as the creditor, managed to squeeze in an interim charging order on our house.

 

We've managed to get the court date and location changed and now have a combined final charging order and re-determination hearing in one go.

 

Is it now too late to get the charges removed, and if it's not how?

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My partner had a CCJ issued as o forthwith judgement in December last year. He never replied to the original claim due to the christmas post and so filed for a variation to pay monthly. This of course was rejected as the creditor, managed to squeeze in an interim charging order on our house.

 

We've managed to get the court date and location changed and now have a combined final charging order and re-determination hearing in one go.

 

Is it now too late to get the charges removed, and if it's not how?

 

Bump anyone ?

Just hate every DCA out there

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  • 3 weeks later...

Really not feeling confident aboput this one. Interim charging order is stopping my remortgage going through. Have to get my defence in on Monday. My priority is getting the charging order removed, which I think will be ok as we have so much debt that it I can't see how allowing them it would be fair to the other creditors. But don't know what to do about the unlawaful charges, do I put in a claim or take them in front of the judge and try and get them removed that way?

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Cheers. Debt is with Monument. Spoke to National Debtline when we first got the ineterim charging order, they gave me the info. to use re. stopping the charging order i.e. unfair to other creditors and that it's unfair to myself and my daughter as I paid most of the deposit etc. Just getting jittery as I need to send objections to the court and I found out today that my remortgage won't go through until the interim charging order is removed. New mortgage is a lot cheaper and the longer it takes the more I'm getting into debt as I haven't the spare cash to pay creditors the money I owe.

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Debt is £4600 and charges only amount to £630 with interest, although I think we've got the interest rate wrong. My partner has also paid £20.00 towards it and going to make another one today.

 

With regards to the remortgage I've been told by my solicitors that they cannot complete with the charging order still in place, even if Monument agree to wait for their money (which of course they won't) the charging order has to be removed before the solicitors will finalise. According to them mortgage companies are no longer happy to accept the charging order remaining as it cause problems when they repossess!!!!!!!

 

So kind of stuck between a rock and a hard place. We can only borrow enough to cover the mortgage and fees, there's not enough equity to pay off any debts too. Need to either get the charging order removed at the hearing next Monday, or find the money to pay Monument off.

 

Sent our objections to the final charging order to the court and their solicitors today, just outling that my partner owes over £30k and it would be unfair to other unsecured creditors. And I've objected on the grounds that I'm co-owner and paid most of the original deposit.

 

Have left the unfair charges off as I really didn't know how to go about getting them taken off and didn't want to muck it up as I desperately need the charging order not to be made final.

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Well at court tomorrow. Just spent the evenning getting all the information we could find together. Best prepared. Hopefully will come back without the charging order and a nice instalment plan. If not I'll stop off at the pub. Oh and going to ask the courts permission to file a counter claim for unfair charges.

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Hi best of luck, let us kmnow the outcome please.

 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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:D Thanks everyone, think your wishes of good luck worked cause luck was on our side. :D :D :D Monument never sent a solicitor or anything to the court so the judge said that as they don't seem to care he was throwing it out. Thing is we're not sure what he meant by this, think he might of set aside the CCJ! have to wait for the paperwork to come through. He wouldn't hear about an instalment order as he said there was no point, so we're a bit confused, but just so happy that the charging order wasn't made final, we didn't want to push our luck by asking too many questions of him.

 

So it's back to waiting to see what they do next.

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Suz, that's great news!! Well done for sticking to your guns!

 

:D :D :D

"Some of the biggest men in the United States, in the field of commerce and manufacturing, are afraid of something.

 

They know that there is a power somewhere so organised, so subtle, so watchful, so interlocked, so complete, so pervasive, that they had better not speak above their breath when they speak in condemnation of it."

 

Woodrow Wilson, President of the United States.

Change the US for the U K... do you think he meant CAG?! :wink:

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  • 4 weeks later...

Well that was a short lived victory. Mortgage still hasn't gone through as the their solicitors are refusing to remove the interim charging order as they are appealing. They are appealing on the grounds that they didn't know when the hearing was!!?? Interesting as they passed the date from the court on to us. Think they're trying their luck as the judgement actually states that the interim charging order should be removed as they failed to turn up. Thought it was all too good to be true.

 

Anyone know if we should have been notified that they were appealing?

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I would think they would have to notify of any appeal. I'm sure you would like to attend with the letters you got from them giving you the date of the hearing:)

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