Robinson Way / HPH2 LTD - Howard Cohen & Co

[HelpNeeded]

Re: Robinson Way / HPH2 LTD - Howard Cohen & Co

Thank you. Yes, AofE was dismissed because I am self employed. The CCJ is for over £5k & yes I am a home owner in my sole name.

[MrsD]

Re: Robinson Way / HPH2 LTD - Howard Cohen & Co

if you are sure you did not receive the papers for the CCJ, there is a chance that you could have it set aside, however you will need legal help for that, how do you want to go forward? If you are a homeowner the next step will probably be them applying for a restriction on your home. They can't just do that without sending some paperwork. My fear is that in replying to the court with your i&e, you have admitted the debt so very difficult to go back to the court and say you didn't know about it. Ignorance of the law is not a defence sadly.

[PlanB]

Re: Robinson Way / HPH2 LTD - Howard Cohen & Co

The CCJ is for over £5k & yes I am a home owner in my sole name.

Since October 2012 a creditor can place a Charging Order on a person's property if the CCJ is for over £1k. I'm not suggesting that they will, I'm simply saying that is an option open to them instead of their unsuccessful AOE application.

The first step is an Interim Order which you wouldn't be told about until it's done and Land Registry write to tell you.

If the creditor wants a Final Charging Order then they have to make an application to the court which will list a hearing that you should attend (if things get that far). At the hearing if the DJ is convinced that a Final CO is appropriate you can ask for conditions to be added to the Order such as no Order for Sale if you keep to any payment agreement or until the youngest member of the household reaches 18 years old etc. If you agree a payment but later on find you can't keep it up you can apply to vary that Order (downwards).

Any application to set aside the CCJ would probably result in any final CO hearing being adjourned until the outcome of the set aside has application has been decided. Obviously, because you can't have a CO for a debt which doesn't exist (i.e. if the CCJ is set aside).

Since you are the sole owner of the property, if the creditor went down that route and was successful, it would be a full CO not a Restriction.

Let's hope none of this will appear on the horizon but it's wise to know what nasties can be out there so you can take steps to prevent them from happening.

Plan B x

[HelpNeeded]

Re: Robinson Way / HPH2 LTD - Howard Cohen & Co

Thank you all for your time