Application for a Charging Order to late?

[jmuggali]

Not sure if it’s too late, but any advice would help, a family member has been given an Interim Order and an Application for a Charging Order from a DCA from an original debt owed to the Halifax, the application is to be heard on the 27th of July, the sum owed is £2267.54 is there anything that can be done (other than paying in full, which he can’t do right now) he has buried his head about this one as he wasn’t sure how much the debt was originally.

Am I right in thinking that the Application of a charging order is to place a second charge on his house, however they can’t force him to sell (which the DCA keep threatening) as the mortgage company have the first charge on the house.

Is there anything I can do to, delay even stop this charging order, he isn’t trying to dodge paying his debt (even though he’s not sure how much it was originally) but I fear he has left thing to late.

[tomterm8]

i would phone National Debtline England & Wales | Contact National Debtline tomorrow morning

 

Has the account been subject to a CCJ yet?

 

Were any late payment fees / default fees charged to the account?

 

Theoretically, with a charging order they could apply for repossession BUT in practice this is very, very rare.

[jmuggali]

I think it does have a CCJ as the second page reads “on 1 of June 2007 A District Judge considered the application of the claimant…..” it then goes on to list 3 points.

It was a Halifax credit card that must have incurred fee’s as he didn’t think it was anywhere near the figure they have quoted as being.

Thanks for the prompt reply.

[tomterm8]

Did he respond to the CCJ? He might want to try to have it set aside, on the grounds it contains unlawful penalty charges....

 

I would have a look at http://www.consumeractiongroup.co.uk/forum/general-debt/96228-urgent-please-help.html

[jmuggali]

Can he still apply to get it set aside as I though it had to be within in 7 days of the CCJ which by the looks was the 1st of June? Dont think he responded, keep his head well burried in the sand, which is soooooooo frustrating.

 

Going to do some reading thanks for the pointers.

[tomterm8]

Can he still apply to get it set aside as I though it had to be within in 7 days of the CCJ which by the looks was the 1st of June? Dont think he responded, keep his head well burried in the sand, which is soooooooo frustrating.

 

Going to do some reading thanks for the pointers.

 

Yes. it gets harder the longer you leave it, though.

 

oops: the actual thread I meant to point at was http://www.consumeractiongroup.co.uk/forum/general-debt/100154-got-date-court-hearing.html

[stebiz]

I have a very similar situation. I had a CCJ registered last month for a Barclayloan. Thing is I never actually ever received a summons - honestly!! I rang the court and asked for a form to set aside and none came. I then downloaded a form from the internet and explained that I did not receive the original claim. I had to pay £65. Also explained why it was a little late. Today I have received a court hearing were a judge will consider it should be set aside. I rang the court and they have already requested a charging order on the house. How quick is that??

 

I will be going to court in August. It seems so wrong how you can get a CCJ and not even be able to defend yourself, so I hope the law corrects itself.

 

Stebiz

[stebiz]

Yes. it gets harder the longer you leave it, though.

 

oops: the actual thread I meant to point at was http://www.consumeractiongroup.co.uk/forum/general-debt/100154-got-date-court-hearing.html

 

Agree entirely with you and thanks again for your help the other day on my 'defence' for MBNA. As you can see a few things are coming to a head at the moment. It all happened when I stopped paying - suddenly all my friends appeared:)

 

Stebiz