CCJ/ charge on property

[Alib]

It just says we have to write to object. No idea how to phrase that?

[islandgirl]

That you had no knowledge of the debt or the CCJ until their letter and that you are contacting the company and intend to pay off the debt. A charging order will therefore not be needed and you will write again when the debt is paid and inform them (that would be the gist of my letter but others may come and advise you here)

[Alib]

Thanks. Could I put something to appeal the debt. I was planning to do an order to dispute the debt based on the fact we didn’t receive anything…. Or am I being silly here.

[Alib]

If we owe it that’s fine but we are of the view it was satisfied and I think it’s extremely unfair we’ve got a CCJ when we received no level of communication. I have 2 years worth of constant payments on our bank statements by direct debit. I just don’t understand. We didn’t cancel the direct debit.

[Alib]

Ok now more confused. It says the creditors should have sent myself and my husband a n86 and n379 form but neither of us have received this either.

it says I need to object within 21 days to the court from the application but I don’t know when that is. The first I’ve heard of it is this land registry letter.

[islandgirl]

Well object right away, explain the dates, explain that you had no knowledge of the CCJ etc etc. Tell the LR that you will have more information asap but that a charging order must not be made for this "debt".

[Alib]

Thanks. I agree. I’ve been looking into it tonight and I’m going to write to the court tomorrow from myself as partner and husband with the debt stating we’ve received no notification and then put in grounds why it would be unfair. I’m then going to do the same to the creditors, then fire something off to the Land Registry with my notice. Hopefully that will stop a final order being made and can mean I’ve got time to appeal the CCJ and get the information from the SARS together…. Does that sound right. Do I stand any prospect here or should I just pay up.

can I pay up but then go on to appeal the CCJ?

[islandgirl]

stage one is to write to the LR and prevent the order being made. Second stage is to deal with the debt. Hopefully some people with knowledge of this area will post soon

[Alib]

Summary of situation-

in short. I received a letter from the land registry regarding an interim charging order that was placed on my property. This was two days ago. Myself and my husband have received no level of correspondence at all regarding any other matters. No forms from the claimant or the court regarding this to either myself (as co owner) or my husband as the debtor.







Upon investigation it presents that my husband has a CCJ from the 2nd feb this year. Again we knew nothing about this. I have been working from hone this year/ unwell pregnant and we haven’t had any post (appreciate this sounds dodgy but we are being honest). The solicitors firm kearnes solicitors tells us the company who now have the debt link financial tried to contact us.




I have contacted the court and asked for the judgement, CCJ and correspondence I have not received this yet and have been waiting for two days. It shows as my current address on my husbands credit file so assuming this is correct?




from our perspective we understood the debt had been paid in full. I have evidence that the original creditors contacted is until March 2018 but then dropped off the radar. We continued to pay until the direct debit stopped at the time we had understood we had paid the amount in full. I did not cancel this direct debit but remember removing it some time later. I have asked HSBC for written evidence of this.




we haven’t ever received letters saying we missed payments from June 2019 nor were we aware of any defaults or the debt being sold. My husband stated he called them and they confirmed the debt had concluded. I have applied for a subject access request for all their correspondence and engagement with us. Including a copy of any calls received.




kearnes solicitors on behalf of link financial state they made attempts to contact us. We have not received this. They have the correct address and telephone number. I have made a subject access request.




I am now stuck. I am scared.




I will write to the land registry opposing the interim charging order. I will do that from my husband but also myself stating that I oppose. It would have adverse impact on myself (pregnant) and our children. I will also highlight the creditors never informed me within this (they haven’t and I understand should have). I will follow this up with a letter to them again highlighting the same point. I do not have any idea of when this judgement was made so unsure if I am responding within the 28 days. I will reply to the land registry before the date due for return the 23rd July.




I want to contest this payment. I am under the impression that we do not owe the money however acknowledge I cannot prove that until I have further clarification. If we do owe monies we would have paid this straight away or at the very least when we knew it was going to court (we have it in full). We paid solidly £250 a month for 18 months I can evidence this. It feels so unfair that we have to have a CCJ on our file when we knew nothing about the hearing and weren’t afforded the opportunity to pay.




I don’t know what to do. I can see your extremely helpful post around the n332 form and plan on following this up by contacting kearnes and link financial asking them if they would consent to a stand down order (a phone call tells me they won’t apparently it’s gone too far) and ask for a response within 7 days. If they don’t or won’t agree I would then complete the form and ask for the judge to review a stand down order. This would be on the basis we did not receive the letters. I feel so lost because they seem to have our current address but honestly we didn’t get anything.




part of me wants to pay this so it goes away because I don’t want anything to risk our house but I am being honest and this just feels so unfair.

[R0b]

Hello,

Just responding to your PM, I am not property expert so only have limited knowledge based on what I understand. I think there's a few things here that need to be addressed so I'll just set them out separately.

Charging Orders
For creditors to obtain a charging order against the property, it's a two step process: interim charging order and a final charging order. Interim charging orders are normally heard by application without notice to the debtor. If an interim order is granted, then according to CPR 73.7(1) (link here), the order, application and documents filed must be served on you within 21 days of the date of the order. A date is then set for a hearing to consider if a final charging order should be made, taking into account all of the circumstances. If granted, then the creditor would need to make a further application for an order by the court to sell the house and recover their money. In short, it's not a straightforward process or guaranteed.

Your Options

1. The CCJ. It would seem odd if you didn't receive any correspondence relating to the credit card. It is sensible to make a subject access request to the original creditor but I think it would also make sense to make a SAR to Link Financial who purchased the debt as well as Kearnes Solicitors and see what information they hold about you. It's possible that they may have sent correspondence to an old address if you forgot to update your information.

If you believe that the debt had been paid and evidence of that, then you may want to consider making an application to set aside the judgment - assuming it was a default judgment, and the bar for doing that is not so high. The net effect of that would be any charging order would need to be removed since you can only have a CO if there is an underlying judgment debt. Applications to set aside a default judgment need to be made promptly, so I would suggest you get back onto the court where the default judgment was made and get them to send you the claim form and other accompanying documents by email asap.

How long ago was the interim CO given, has the 21 day period passed? If Link haven't supplied you in accordance with the rules, there could be sanctions though I would need to read into it as I said, I'm not an expert in this area.

Possible there are other opportunities hat could be explored but I think the above would be a good starting point, if you want to pursue it.

[Alib]

Thanks Rob. Much appreciated. I haven’t had any notification from the court, link or kearnes and I’ve put multiple subject access requests in today. I have contacted the court who has explained that we have no outstanding court dates, so I’m very confused. I have asked for a copy of the charging order. Would seem we’ve missed that hearing too but honestly I cannot understand how? We haven’t received anything post wise at all.

I suspect there may be a debt there which if there is we’re happy to pay but the lack of communication in all areas has meant we’ve not been able to counter our claim.

I have got an evidence log of everything I have done to date to demonstrate as soon as we have found out about the debt we have acted without delay.

I am going to write to the court now about my objections to the charging order and will request the n332 form as stated. Hopefully these subject access requests shed a glimmer of light on the situation and I can come back for more advise.

I don’t see how I can file without them as that is what my case stands on. Unless we can add evidence at a later date?