Charging order for £3k, is this good or bad news?

[mike'y]

Re: Charging order for £3k, is this good or bad news?

Hi Plan B, the CCJ say's have to pay costs and interest up to the date of judgement at £50 per month until the debt has been paid. There's no obvious mention of further interest.

However in the pre-printed part of the order, written in really tiny print at the bottom of the order it reads " if judgement is for £5000 or more or is in respect of a debt that attracts contractual or statutory interest for late payment the claimant may be entitled to further interest".

I don't think this applies to me because I thought credit card debts become frozen after a CCJ but I could easily be wrong? I hope I'm right.

Thanks Plan B

BTW. I'm self employed and have already told them that. I actually find it very difficult to be unpleasant, even being forthright can sometimes seem to be 'abrupt' to me..

[PlanB]

Re: Charging order for £3k, is this good or bad news?

I actually find it very difficult to be unpleasant, even being forthright can sometimes seem to be 'abrupt' to me..

Really? I find it dead easy to be unpleasant to people. Do as I say not as I do

On a more serious note why don't you email me a copy of your CCJ so we can make sure that interest stopped when you got the judgement using planb@all-about-debt.co.uk

[mike'y]

Re: Charging order for £3k, is this good or bad news?

Thank you again. I've just sent it :-). Mike.

[PlanB]

Re: Charging order for £3k, is this good or bad news?

I've just sent it :-). Mike.

Your email has arrived safely. I'll take a good look at your Order on Monday. At first glance it seems to say that interest is only payable up until the judgement. I'll get a second opinion to be sure of my interpretation.

[mike'y]

Re: Charging order for £3k, is this good or bad news?

Thank you. I hope that if I end up paying the full amount eventually, my only consolation will be that I've not had to pay interest and that in real terms I'll have paid them less. They'll still make a lot of money though because they probably bought the debt for about £300. Oh well, a lesson learnt

[mike'y]

Re: Charging order for £3k, is this good or bad news?

Just a quick update. I've heard nothing, zilch. No news is clearly good news but I'm surprised at the silence. I'd have expected to have received an interim CO by now. Maybe I've been forgotten, he he.

[IF]

Re: Charging order for £3k, is this good or bad news?

I have my fingers crossed they have forgotten you too mike'y

Best wishes
IF

[Pixie]

Re: Charging order for £3k, is this good or bad news?

Like you say, no news is good news

[mike'y]

Re: Charging order for £3k, is this good or bad news?

Well, guess what? The Plymouth Land Registry sent me a 'Notice to a registered proprietor of the entry of an agreed notice - B132' today. It's in favour of Arrow Global and says that Restons obtained an interim CO on 7th April at Kings Lynn.

Is it odd that I wasn't told of the interim order? If this is an end to the matter and the amount is depreciating I've really no need to be unhappy.

Just how fast does 3k depreciate?

[PlanB]

Re: Charging order for £3k, is this good or bad news?

The Plymouth Land Registry sent me a 'Notice to a registered proprietor of the entry of an agreed notice - B132' today. It's in favour of Arrow Global and says that Restons obtained an interim CO on 7th April at Kings Lynn.

Is it odd that I wasn't told of the interim order? If this is an end to the matter and the amount is depreciating I've really no need to be unhappy.

No it's not odd that you weren't informed of the interim charging order. There is no obligation on the Claimant to inform you.

No it's definitely not the end of the matter.

I think it's too soon to be happy with the current situation.

I'll read back through this thread but I think I'm right in saying this was a CCJ which was a forthwith Order not an instalment Order prior to October 2012 so the Claimant can demand the full amount and secure it with a CO regardless of whether you have defaulted on any instalment agrement (correct me if I've got that wrong).

If you didn't pay the full amount the Claimant is entitled to seek a charging order which from what you say they have done.

A charging order can progress to an Order For Sale unless the property is jointly owned in which case the CO will be registered as a Restriction. Am I right in thinking this is not a jointly owned property ?

I'm not trying to scare you, I'm simply wanting you to take this issue seriously so we can help you.

Plan B x

[mike'y]

Re: Charging order for £3k, is this good or bad news?

Restons assured me they only wanted security and that they wouldn't push for a sale. I have that in writing. Also the CCJ doesn't mention interest, just a fixed amount. I am surprised I wasn't informed about the interim order as I may have wished to oppose it. Given their assurances I wouldn't have.

Thanks for your input Plan B, your help and the forums help really does make a difference. If I'd been on this forum years ago they probably wouldn't have got anywhere neare a CCJ. x

[PlanB]

Re: Charging order for £3k, is this good or bad news?

Restons assured me they only wanted security and that they wouldn't push for a sale. I have that in writing. Also the CCJ doesn't mention interest, just a fixed amount. I am surprised I wasn't informed about the interim order as I may have wished to oppose it. Given their assurances I wouldn't have.

You don't have an opportunity to oppose an Interim Charging Order but you can oppose the Final Charging Order and I think you should consider doing that. You have evidence that the creditor does not intend to seek an Order for Sale so you can ask the court that if they see fit to grant the Final Charging Order it should contain a condition which says "No Order for Sale" or words to that effect.

I think you need to protect your position. What Restons said one day may be overruled by instructions from their client another day in the future especially since you're not making any payments at all.

If you are paying by instalments then the Final Charging Order is not necessary automatic.

What date is the hearing because I believe you must register your opposition at least 7 days in advance.

[mike'y]

Re: Charging order for £3k, is this good or bad news?

Thanks Plan B. Both hearings have past. I received the CO yesterday hence my posting. Had I been informed of the final hearing I would have asked that a clause be inserted the the effect 'no order for sale'. Exactly as you have suggested.

[PlanB]

Re: Charging order for £3k, is this good or bad news?

Both hearings have past. I received the CO yesterday hence my posting. Had I been informed of the final hearing I would have asked that a clause be inserted the the effect 'no order for sale'. Exactly as you have suggested.

If you weren't served a Notice of the Final Charging Order hearing then you can apply to have it set aside using a N244 Form.

I think it would be wise to get a condition inserted which states that there be no Order for Sale (as agreed by Restons) and/or no Order for Sale if you keep to an agreed instalment plan. It's possible that you could oppose the CO for all sorts of reasons.

You need to make the set-aside application quickly with a WS telling the court that Restons do/did have your correct address but failed to serve the Notice. What's the date on the Final Charging Order since that will tell you when the hearing took place? Do you want to email me a copy?

There is no hearing for an Interim Charging Order but you should have been sent a copy of the Order by the court and Land Registry.

[mike'y]

Re: Charging order for £3k, is this good or bad news?

Thank you Plan B. The date of the order is 21st April. I have to go out now but shall mail you a copy later or tomorrow. Would it be a good idea to seek a further assurance from Restons as this would save me incurring any court fees?