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Hi I have a CCJ and BW legal have an interim charging order. I have a payment plan by direct debit but now I have been summoned for a final charging order. The debt is only in my name but the house and mortgage are in joint names
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Re: Charging order
in that case it should be a restriction which is nearly worthless.
did you point this out at the first hearing when the interim was granted -
Re: Charging order
I didnt know about the hearing. I received a copy if the judgement yesterdayComment
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Re: Charging order
They don't normally notify you of the first hearing.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
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Re: Charging order
I went to court and fought against mine and won! I know the rules have changed but I will try find my defence later.Last edited by cymruambyth; 14 February 2015, 14:12.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
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Re: Charging order
That would be great. I intend to go to the court hearingOriginally posted by cymruambyth View PostComment
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Re: Charging order
Have you got a hearing date? How did the original CCJ occur; did you submit a defence to that claim or ignore the claim and thus default judgment?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.ukComment
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Re: Charging order
Yes I have a hearing date on 9th march- unfortunately I did not attend for the CCJ - I know it was a stupid thing to do - I am paying regularly now but I didn't pay after the CCJ. I can afford the repayments I have agreed with BW legal but I am so worried that they may force a sale!Originally posted by Never-In-Doubt View PostComment
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Re: Charging order
They can't enforce a sale. Joint house / single debt. You should have a restriction only.
How much was the claim for?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.ukComment
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Re: Charging order
£5800!!!Comment
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Re: Charging order
Did you respond to the initial claim (CCJ) or just ignore it? When was the CCJ awarded?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.ukComment
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Re: Charging order
Stupidly I ignored it- it was in July 14Originally posted by Never-In-Doubt View PostComment
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Re: Charging order
Ahh so can't appeal. So can you elaborate a few points please to help....
1. The CCJ was July 2014, when did you start paying again after the CCJ?
2. When was the CO granted and was it done whilst you weren't paying or whilst you were paying?
3. Have you been served papers for the interim CO and if so when was this?
4. Did you respond to the CO claim or was it added with the CCJ (new rules)?
** ive asked solicitor (ATW) to comment as you should only have a restriction in my opinion. Sit tight & don't stress.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.ukComment
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Re: Charging order
The co was on 29.1.15 whilst I was paying but I had no knowledge of the hearing. I have been paying since November but I couldn't agree a repayment figure. They asked for 123.75 pm I said this was too much so I offered 75.00 and sent a cheque. They cashed the cheque but I never heard anything. I have given my bank details twice to get the arrangement in place. I had 2 letters yesterday, one saying I was in arrears with the 75 pm and the co. I rang BW last night and I paid 75 by debit card. They have finally set up the dd but said they cannot do any moreComment
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Re: Charging order
Was the CCJ a 'forthwith' order on an instalment order?Originally posted by NDR View Post
A forthwith order means the whole lot must be paid within 28 days. An instalment order means you pay by monthly instalments and the creditor cannot get a charging order unless you miss an instalment (for CCJs obtained before 1st Oct 2012 only).
Maybe your repayment arrangement with B W Legal is too casual. Perhaps an application to the court to redetermine the CCJ payment would be enough to frustrate a final CO. If you can prove you've been paying an amount which B W Legal has accepted then that may help.
Who is the creditor - Lowells?
Read this for helpful info on COs > http://www.adviceguide.org.uk/wales/...der_being_madeComment
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