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  • #1

    CCJ worry

    Hi there

    This could take a while. I have been separated and divorced for about 5 years now, my ex wife makes no contribution to the mortgage or the secured loan on the property! When we separated i discovered she accumulated over £11,000 in personal debt. Now the debtors are getting very heavy. A ccj has been issued and they say they can make a "charging order" on the property! The mortgage is still in both our names by the way... Once again I reiterate she has made no contribution to the mortgage or remortgage payments in the last 5 years. There is a hearing at my local magistrates court tomorrow. Shall or can I attend?
    Please help!
    Tags: 1st, 2012, action, advice, banks, ccj, charging orders, citizens, claim, con, contribution, court, creditor, date, debt, debtors, debts, default, defence, england, financial, fine, free, interest, joint names, loan, mortgage, natwest, niddy, october, oft, orders, payments, property, rbs, share, small, sneaky, thank you, unsecured, updates
  • #2
    Re: CCJ worry

    Hi

    As you say this is going to court tomorrow and its getting late, I have replied to give you at least some information. I am not an expert and hopefully somebody more in the know will be along soon.

    When you say a CCJ has been issued, Do you mean that it has been to court and "Awarded" for want of a better word? or is this court date in relation to a summons for the creditor to apply for a CCJ ?

    If the CCJ is in place, Charging orders are not normally "Awarded" unless you default on the CCJ payment.

    It is not automatic that the Charging order would be put in place.

    There is also some issues with Charging orders and property owned in joint names. In such cases, It is not a full charging order as it were - I believe it is called a restriction which does not carry the same weight/Obligations
    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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    • #3
      Re: CCJ worry

      Sorry

      Meant to ask

      Who is the person with or possibly with the CCJ?

      I'm not sure if you could attend if it was for your Ex - Possibly as a friend but not as an active participant

      It may be prudent to try and attend if you can.

      If this is directed towards yourself - You should definately attend as without it will be awarded against you/Her without attendance
      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

      If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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      • #4
        Re: CCJ worry

        Yeah i presume the court hearing tomorrow is to award the CCJ. The court order is in my ex wife's name but i know she wont be there. The CCJ Is for personal debt she has accrued but i've since been informed that he court can turn an unsecured debt into a secured debt an this could effect my property. My ex wife has made no contribution to any payments towards the mortgage for the last 5 years and we have only had the mortgage for 12 years.... Surely i have got some say in this!

        Comment

        • #5
          Re: CCJ worry

          Is the debt in sole or joint names? If anything go to court and argue the fact you're no longer with her and she holds no equity in your property. Should be easy enough to win.

          If its a joint loan you're jointly liable. Best if luck please come back and tell us what happened. Once we have more facts we can assist with a defence to an appeal if necessary.

          Don't worry. You should be fine.
          I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

          If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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          • #6
            Re: CCJ worry

            I think you will need to argue she has little benefical interest in the property anymore as her contribution towards the mortgage is so small (29.2% at present assuming mortgage payments were divided equally when you were together - this will decrease with every mortgage payment you make).

            It is worth looking to see if you can have her name removed from the mortgage.

            Comment

            • #7
              Re: CCJ worry

              Thankyou Niddy & BBoo

              It was getting late and i had to be up for work in 4 hours time

              I came accross the post and did'nt want to leave G-Man with no reply and a court case in the morning !

              G-Man - You are in good hands with Never in Doubt & BBoo

              Good advice - I hope all goes well for you today (For your small part at least)

              Do come back to us with the outcome ect and I am sure others ( Especially those in the know ) here will be more than willing to help you
              I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

              If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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              • #8
                Re: CCJ worry

                Good luck with this today, G-man.
                You need to be aware that from 1st October 2012 Charging Orders can be issued without missed instalments (for CCJ's issued after that date).
                More here: Citizens Advice - Charging orders

                How much is the individual debt in question? The Office of Fair Trading has censured banks for issuing CO's on small debts:
                OFT imposes requirements on RBS and NatWest about use of charging orders - The Office of Fair Trading

                Comment

                • #9
                  Re: CCJ worry

                  Elsa

                  You are quite right - My Bad

                  Far too tired me thinks
                  I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                  If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                  Comment

                  • #10
                    Re: CCJ worry

                    Awww no probs spud, it's a nasty sneaky rule they slipped in recently.
                    Well done for "chipping in" to make sure G-man's first post wasn't unanswered!

                    Comment

                    • #11
                      Re: CCJ worry

                      Appreciation is given to niddy & BBoo for your replies and advice at such a late hour.
                      i did read them as i was up all night worrying about this god damn thing!

                      The debt is in the sole name of my ex wife and was accumulated without my knowledge in the run up to the breakdown of our marriage. The total sum is approx £11,000

                      Surely they can't force the sale of something that is not solely hers to sell!

                      May i also add that the property is on the market for sale anyway.

                      She has shown no interest in the property for the last 5 years and made no contributions to support that!

                      My ex has shown what I can only describe as wilful neglect in paying back any of this debt and has gone out of her way to evade her responsibilities. I have no means of contact with her and all her mail still comes to the address which i can not stop.

                      Comment

                      • #12
                        Re: CCJ worry

                        Nope you'll be fine.

                        What time is court?
                        I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                        If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                        Comment

                        • #13
                          Re: CCJ worry

                          as Niddy says you will be fine.

                          You will need to argue that your wife has no interest in the property, her name is on the mortgage simply because you have not yet had it removed.

                          Shes paid nothing towards the mortgage for last 5 years and you been seperated for x amount of years.

                          Any decent judge will find it hard to add a CCJ to a property that the debtor is only named on with no other connection im sure.

                          Take any proof you can to show whos been making the payments.

                          Are you going through a devorce? might be an idea to prove seperation also.
                          I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                          If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                          Comment

                          • #14
                            Re: CCJ worry

                            I've spoken to Paul. Lets see what happens in court, if you lose we'll refer to Paul for you

                            Seriously, don't worry. You should be fine.
                            I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                            If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                            Comment

                            • #15
                              Re: CCJ worry

                              Originally posted by Spud View Post
                              Elsa

                              You are quite right - My Bad

                              Far too tired me thinks
                              Mate, you did superbly when nobody else was around to help. Thank you!

                              Comment

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