GDPR Cookie Consent by SimpleServe Privacy Script Charging order for £3k, is this good or bad news? - AAD Consumer Forum

Announcement

Collapse
No announcement yet.

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

Collapse
X
Collapse
 
  • Page of 6
  • Filter
  • Time
  • Show
Clear All
new posts
Previous 1 2 3 4 5 6 template Next
  • #61
    Re: Charging order for £3k, is this good or bad news?

    Originally posted by julian View Post
    When they go for a Charging Order, the claimant is supposed to advise all other creditors. They rarely do. With the info they should contact them and ensure that the other creditors will not have prior claims which render the CO completely worthless ie if no equity in property. Also at the Final Hearing, you could claim that they had an unfair advantage over other creditors. So they are trying to avoid losing the CO and the court costs.

    I cannot advise you whether to tell them now or keep them in suspense.

    That was one of the arguments I used when I had a Final Hearing (several other larger debts). Despite that, and despite noting in his judgment comments that as I had been paying substantial instalments all along under a DMP, a CO ought not to have been sought, he stopped short of overturning the Interim CO. I felt bitter about the outcome. (
    Last edited by Still Waving; 19 May 2015, 18:03.

    Comment

    • #62
      Re: Charging order for £3k, is this good or bad news?

      If you would like to see it I have a master of my successful defence of a CO.
      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

      • #63
        Re: Charging order for £3k, is this good or bad news?

        Thanks Niddy. I'm sure a simple polite letter will do but it needs to be correct and persuasive. Judg'ie might not have had his oats for breakfast, I don't want to be first on his list of idiots.

        Comment

        • #64
          Re: Charging order for £3k, is this good or bad news?

          Originally posted by cymruambyth View Post
          If you would like to see it I have a master of my successful defence of a CO.
          Thank you. My mindset is that at the moment I don't want the hassle of monthly payments, hence why I'd agree to the charging order but I'm open to options I'd be happy to see your defence

          Comment

          • #65
            Re: Charging order for £3k, is this good or bad news?

            This is my master copy; I don't know if any of it will help. CO defence master - Cym (1).pdf
            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

            • #66
              Re: Charging order for £3k, is this good or bad news?

              Thank you for that. Plenty in there for me to digest

              Comment

              • #67
                Re: Charging order for £3k, is this good or bad news?

                Good luck. It worked for me, but I'm not sure if some of the legislation has changed. My DJ even smiled when he told me to check that the entry on the LR was removed!
                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

                • #68
                  Re: Charging order for £3k, is this good or bad news?

                  Email just sent. Sorry for delay. Sit tight. Jo is aware now
                  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

                  • #69
                    Re: Charging order for £3k, is this good or bad news?

                    Are you intending to attend the court hearing on 1st June.

                    Any witness statement saying paying why you contest/ requesting restrictions needs to be served on claimant and filed at court by 22 May.

                    is the property solely owned or jointly owned ?
                    Legal Disclaimer
                    I am a solicitor Advocate who specialises in consumer credit and my firm is Joanna Connolly Solicitors. My leading case of Carey v HSBC set the legal precedence for creditors compliance with s.77 & s.78 Consumer Credit Act 1974 statutory requests & enforcement of debts in court. Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk.

                    If you need to contact me you can send me a message by clicking my username or by emailing me at jo@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340.

                    Comment

                    • #70
                      Re: Charging order for £3k, is this good or bad news?

                      No, I won't attend Josie. It's at Kings Lynn. My house is owned by me and has a small mortgage remaining.. Thanks for your reply.

                      Comment

                      • #71
                        Re: Charging order for £3k, is this good or bad news?

                        Well, the clocks ticking so I've written a short letter to the Judge and attached the letter from Restons in which they assure me they only want the CO for long term security. I hope the judge is in a good mood :-)

                        Comment

                        • #72
                          Re: Charging order for £3k, is this good or bad news?

                          Originally posted by mike'y View Post
                          I've written a short letter to the Judge and attached the letter from Restons in which they assure me they only want the CO for long term security. I hope the judge is in a good mood
                          Do you think you've done enough Mike'y?

                          I don't know where you live but if you can get to the court hearing that could make all the difference.

                          If you appear before the Judge you can then explain why you feel there should be no future Order for Sale (ever) even though you have not paid a bean to the Claimant in the three years following a court judgement (you have an instalment order for £50 per month).

                          A grumpy DJ may not like that. He could interpret it as two fingers to the court who made the order in the first place. It's the court which has ordered you to make those payments not the Claimant. Courts don't like it when you defy their instructions and they'll want to know why you haven't done what they told you to do.

                          Annoyingly it doesn't always matter what the two parties have agreed between themselves the court may not always take the same view and can overrule that if they think it's not in the best interests of either party.

                          In effect you'll be asking the court to make an order to give you an interest free loan for twenty years or more, and a grumpy DJ may not feel inclined to do that. Even an offer to pay £1 token instalments (vary the original CCJ) due to your cashflow issues would help your image.

                          I'm not trying to scare you, but I do want to say with the greatest of respect, please don't be too complacent about the CO especially since the property is in your sole name.

                          Plan B x

                          Comment

                          • #73
                            Re: Charging order for £3k, is this good or bad news?

                            Hi Plan B, well my letter's polite, short and humble. I mentioned that several years ago I had a major downturn in my earnings. I accepted I owe the money and stated I'd like to see it paid. I mentioned that it was originally a credit card debt that was purchased by Arrow Global. I mentioned that myself and Restons had been in communication and that several times they'd told me they only required long term security. I mentioned they'd turned down my offer of monthly payments. Hopefully the judge will see that we aren't in conflict, I want to pay up but I've asked for the Ct's protection just in case Restons renage at a later date.

                            I'm in Derbyshire and the hearings at Kings Lynn. If I opposed the application it would be transferred to Derby but I'm consenting to it. I could still apply to vary the order at a later date if the judge doesn't include the 'no sale' clause. It'll be a short while before I report back but I don't feel despondent :-) Fingers crossed.

                            ETA. One thing I did notice is that Restons have never seen the original CCJ (obtained by Bryan Carter). They know the original debt amount but have never mentioned the ct costs that were added on. They also stated that they were unaware of whether I had to pay forthwith or make monthly payments.
                            Last edited by mike'y; 21 May 2015, 13:29.

                            Comment

                            • #74
                              Re: Charging order for £3k, is this good or bad news?

                              Originally posted by mike'y View Post
                              I'm consenting to it. I could still apply to vary the order at a later date if the judge doesn't include the 'no sale' clause. It'll be a short while before I report back
                              May I encourage you to report back after the hearing on 1st June or as soon as you get the resulting court order (email it to me using planB@all-about-debt.co.uk). If you need to appeal an order then you have to do it fast (within 21 days I believe)

                              Originally posted by mike'y View Post
                              Fingers crossed.
                              My fingers are crossed for you too

                              I'm a belt and braces girl so I wanted to make sure that you are aware of all your options and any potential downsides to your approach to this situation.

                              Plan B x

                              Comment

                              • #75
                                Re: Charging order for £3k, is this good or bad news?

                                Thanks Plan B. Thanks for your support to The outcome for this will probably be acceptable and ok or it could be really good. Lets wait and see.

                                Comment

                                Previous 1 2 3 4 5 6 template Next
                                Working...
                                X