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  • Spent2much
    started a topic how much to offer as full and final .

    how much to offer as full and final .

    A debt is a charge on the house its roughly 5500 we think as we never get an annual statement , we just pay 5 a month as ordered by the court , but as our debts are nearly SB (5 days) then we are thinking of saving some money up and offering this as a full and final payment .

    Its just knowing what to offer drysdenfairfax .

  • Spent2much
    replied
    Originally posted by Diana Mayhew View Post


    From what you say this has been back to court twice to be varied by a DJ so there must have been a CCJ in order for it to be varied.

    Unless I'm missing something

    Is the history of this debt on your Diary?

    Di
    it isn't included in my diary, yes its been to court twice but we were lead to believe that a creditor can get a ccj and a restriction at the same time - we just never got informed until the letter from the land registry informing us of the restriction .

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  • Diana Mayhew
    replied
    Originally posted by Spent2much View Post

    hubby never got a CCJ we have no knowledge of a CCJ and so if it had to go to a CCJ before a charge then he never got the chance to defend it , virgin just passed it to a dca who got Eversheds to go for a restriction on the house . . . . back in 2007 , think about 4 years ago we got the judge to lower the payments down to 17 a month but business was very bad so hubby asked the judge to lower it once again we thought he would lower it by a few quid but he lowered it to 5 a month, he said if we didn't keep up with the payment he wouldn't be able to stop any sale by the creditor

    From what you say this has been back to court twice to be varied by a DJ so there must have been a CCJ in order for it to be varied.

    Unless I'm missing something

    Is the history of this debt on your Diary?

    Di

    Leave a comment:


  • The Tech Clerk
    replied
    N244 form see what others say Diana Mayhew

    Leave a comment:


  • Spent2much
    replied
    Originally posted by The Tech Clerk View Post
    did you get the Form N1 initially stating county court


    I.e:- [IMG2=JSON]{"data-align":"none","data-size":"full","src":"https/\/www.gov.uk\/government\/uploads\/system\/uploads\/attachment_data\/file\/688394\/thumbnail_n1_cc_-eng.pdf.png"}[/IMG2] Claim form
    No not that i recall . Looking at that form no we never because i can remember receiving one of those forms for my debt with a store card , and it originally said to pay 1 a month but payplan told them i would pay 3.89 not important here but that's what jogged my memory as there was no from sent for the virgin credit card debt to say it was going for a CCJ i would remember it as I would have put on it to pay 1 from what we know now .

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  • The Tech Clerk
    replied
    did you get the Form N1 initially stating county court


    I.e:- [IMG2=JSON]{"data-align":"none","data-size":"full","src":"https/\/www.gov.uk\/government\/uploads\/system\/uploads\/attachment_data\/file\/688394\/thumbnail_n1_cc_-eng.pdf.png"}[/IMG2] Claim form

    Leave a comment:


  • Spent2much
    replied
    Originally posted by The Tech Clerk View Post
    you saying never received a N1 court form notice of proceedings if not the a N244 set aside application could be the way forward>>?? Diana Mayhew
    as far as we know we never ever received a notice of a ccj or we would have challenged it , it seemed eversheds just refused payment so it put the account into arrears then they got a charge or restriction on the house.

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  • The Tech Clerk
    replied
    you saying never received a N1 court form notice of proceedings if not the a N244 set aside application could be the way forward>>?? Diana Mayhew

    Leave a comment:


  • Spent2much
    replied
    Originally posted by The Tech Clerk View Post
    in order for a charging order a CCJ must have been obtained?|
    So it was obtained and my husband didn't get informed , sneaky that .

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  • The Tech Clerk
    replied
    in order for a charging order a CCJ must have been obtained?|

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  • Spent2much
    replied
    Originally posted by Diana Mayhew View Post


    Who is the Judgment Creditor as some are more open to negotiation than others? If you make a F & F offer then they are likely to sense you have a reason (such as house sale or remortgage) since you say you're only paying 5 per month.

    It might also prompt them to make an Application to Vary the CCJ to increase those monthly payments.

    You've not said how/why your husband got the CCJ which lead to the Restriction. Was it a Default Judgment because he didn't receive the claim (so a set aside was a possibility but needs to be done promptly) or did the case go to court and the Claimant won after a Hearing/Trial? And when/what year was all this happening?

    If it's a Restriction then in theory you/your husband is are obliged to inform the Judgment Creditor of the sale not pay them the amount outstanding (depending on the wording of the Restriction).

    In practice it's not as simple as that as very few conveyancing solicitors will agree to co-operate on this point.

    We recently had a client with two Restrictions at the time their house sale was completed. She didn't pay them with our help - much to the disappointment of the solicitors acting for the debt purchaser

    However keep in mind that even if you don't pay the debt when you sell, they can still use other enforcement measures to get their money such as bailiffs, Attachment of Earnings or even bankruptcy although in the case of the latter the debt would need to be 5k or over so paying it down (to below 5k) could prevent that.

    Take your time thinking through your strategy before you approach them.

    Di
    The original creditor is virgin , hubby never got a CCJ we have no knowledge of a CCJ and so if it had to go to a CCJ before a charge then he never got the chance to defend it , virgin just passed it to a dca who got Eversheds to go for a restriction on the house I used to think it was a charge I don't understand it . but what did happen we were using a different DMP before coming here and the offer we sent Eversheds who refused payment so that then gave them the opportunity to go for a court judgement , its so long ago this happened back in 2007 , think about 4 years ago we got the judge to lower the payments down to 17 a month but business was very bad so hubby asked the judge to lower it once again we thought he would lower it by a few quid but he lowered it to 5 a month, he said if we didn't keep up with the payment he wouldn't be able to stop any sale by the creditor, not long after the charge was issued the debt was passed onto DrysdenFairfax who phoned my husband and told him that if ever he was in a position to offer a full and final they would consider it .

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  • Diana Mayhew
    replied
    Originally posted by Spent2much View Post

    never understood the charge on the house thing, its a joint mortgage so I'm guessing it s restriction as the debt is my husbands.

    Who is the Judgment Creditor as some are more open to negotiation than others? If you make a F & F offer then they are likely to sense you have a reason (such as house sale or remortgage) since you say you're only paying 5 per month.

    It might also prompt them to make an Application to Vary the CCJ to increase those monthly payments.

    You've not said how/why your husband got the CCJ which lead to the Restriction. Was it a Default Judgment because he didn't receive the claim (so a set aside was a possibility but needs to be done promptly) or did the case go to court and the Claimant won after a Hearing/Trial? And when/what year was all this happening?

    If it's a Restriction then in theory you/your husband is are obliged to inform the Judgment Creditor of the sale not pay them the amount outstanding (depending on the wording of the Restriction).

    In practice it's not as simple as that as very few conveyancing solicitors will agree to co-operate on this point.

    We recently had a client with two Restrictions at the time their house sale was completed. She didn't pay them with our help - much to the disappointment of the solicitors acting for the debt purchaser

    However keep in mind that even if you don't pay the debt when you sell, they can still use other enforcement measures to get their money such as bailiffs, Attachment of Earnings or even bankruptcy although in the case of the latter the debt would need to be 5k or over so paying it down (to below 5k) could prevent that.

    Take your time thinking through your strategy before you approach them.

    Di

    Leave a comment:


  • The Tech Clerk
    replied
    Diana Mayhew

    Leave a comment:


  • The Tech Clerk
    replied
    Ah! so it is not a joint restriction = good , then they cannot prejudice you as not yours, a good solicitor would know that the sale can go thru subject to them informing any creditor, sure others will respond and inform further??

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  • Spent2much
    replied
    Originally posted by Diana Mayhew View Post


    If the Judgment Creditor (who is it?) has a charging order on your property they may lack motivation to settle the debt at a reduced sum when they believe they can collect the full amount when the property is sold one day.

    Is this a Restriction (if the house is jointly owned but the debt belongs to only one person)?

    And do you have any plans to sell the house or apply for a remortgage at any stage?

    Di
    Hi, I've never understood the charge on the house thing, its a joint mortgage so I'm guessing it s restriction as the debt is my husbands. We definitely plan to sell asap as we are both now 53 and 55 and we need to down size as the house is far too big and the mortgage is on interest only as we cannot afford to repayment . So we are going to sell within the next few years and if possible buy cash or try and get a small mortgage with a big deposit on another house . This is why we want to pay this debt off with a reduced offer if possible .

    Thanks

    Leave a comment:

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