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Can anyone help with how to deal with a charging order. I got a letter just days before Christmas saying a interim charging order as been made against me on reading the info it turns out that this debt company had a ccj against me back in 2011 which I never knew about and have not heard anything from them from then till now which came as a shock so need to put a good defence together to put to the courts one turn down this judgement of the charging order and two what I can do abiut the ccj if I had this old ccj set a side die that mean the debt would then become status barred or would it just mean the clock would start again as like it was 2011 again
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Oh a lovely christmas present for you
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If the original judgment was obtained in 2011 then the Claimant should have applied to the court to enforce the judgment if they had taken no enforcement action over the past 6 years. Judgment debts don't go statute barred as such, but permission of the court is needed to enforce.
How have you found out about the charging order - from the Land Registry or a notice of hearing for a final charging order from the court ? or a copy of the application from the Claimant ?
How much is the judgment ?
The risk of applying to set aside the judgment now, is that if you went on to lose the case the CCJ would be applied from a new judgment date and be on your credit file for another 6 years.
So really need to know exactly what you have received from who, and a bit of background to what the debt is.#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 -
Well the first I know of it was from the debt company IND Ltd and today I got a letter from the land registry the total debt is 5300 I have sent a oblection to the courts using some case law duer vs frazer and a couple of other reasons one being why no enforcement as been taken before now and that if I am forced to sell my property they wouldn't get anything from the sale to pay off the debt I have emailed the company asking for information concerning the debt but I am still waiting for them to reply so any further help would be greatfulComment
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SHORTCUTS
First Steps
Check dates
Income/Expenditure
Acknowledge Claim
CCA Request
CPR 31.14 Request
Subject Access Request Letter
Example Defence
Set Aside Application
Directions Questionnaire
If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.
NOTE: If you receive a court claim note these dates in your calendar ...
Acknowledge Claim - within 14 days from Service
Defend Claim - within 28 days from Service (IF you acknowledged in time)
If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.
We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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