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Judgement has been transferred for enforcement

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  • Judgement has been transferred for enforcement

    I have probably left it too late now but am posting this on the of chance in case there is something I can do to halt enforcement proceedings on a CCJ that was recently recorded against me. I received a letter yesterday from the court telling me that the claim was being transferred to another court for enforcement.

    I am a homeowner albeit with very little equity so I assume they are looking for a charging order but I am wondering if there is anything I can do to halt proceedings at this stage.

    I am considering contacting capquest to discuss a possible payment plan although I am not able to offer much.

    Any advice would be grately appreciated.
    Tags: None

  • #2
    Re: Judgement has been transferred for enforcement

    How long ago was the CCJ ?

    Did you receive court papers and the opportunity to offer to pay / defend ? (or did you get the papers and stick head firmly in sand (like many of us do)?)

    Was the CCJ for forthwith payment or for installments ? Approx how much for ?

    Have you been in contact with capquest since receiving court papers/judgement?
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

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    • #3
      Re: Judgement has been transferred for enforcement

      Thank for the reply. The CCJ was 21st November. They are not wasting any time.

      I did receive court letters but did nothing with them. Amount is for 6k, outstanding on a persoanl loan. Capquest have been making regular attempts to contact me by phone but I have never answered, they did infact call today so perhaps there is still an option to make an arrangement with them.

      Am I right in thinking they will be going for a charging order and if so would it be sensible to speak with them in order to avoid this?

      Comment


      • #4
        Re: Judgement has been transferred for enforcement

        Sounds like it will be a charging order as they acted so quickly after the forthwith judgment.

        Forget their calls always do everything in writing.

        Do you dispute owing this debt at all ?

        If not, then I would write to them offering installments of an affordable (long term) monthly amount, and also send that letter (and income and expenditure sheet) to the court. The court may respond by asking you to complete a formal applictation N244 for redetermination, and pay a fee between £45 and £75, which is where the forthwith judgment is amended to an installment order - although this would most likely bring a charging order with it as security. The charge order wouldnt turn to a sale order unless you missed payments, and doing it through the court means the claimant couldnt suddenly ask for more without having to go through the courts first.
        #staysafestayhome

        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

        Received a Court Claim? Read >>>>> First Steps

        Comment

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