Originally posted by Diana Mayhew
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how much to offer as full and final .
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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
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Originally posted by The Tech Clerk View Post
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Originally posted by The Tech Clerk View Postyou 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
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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
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Originally posted by The Tech Clerk View Postin order for a charging order a CCJ must have been obtained?|
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in order for a charging order a CCJ must have been obtained?|
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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
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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
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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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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
Thanks
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Originally posted by Spent2much View PostA 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 .
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
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