Help! - Redetermination hearing = Forthwith Judgement!

[Brickingit]

Hi everyone, here's my story.

I owe Black Horse 8.5k for a loan, ran into financial difficulty at end of 2010, approached all of my creditors before defaulting informing them that i would be unable to pay contractual amounts.

Total debts of around 14.5k all unsecured, all of the creditors except Black Horse agreed to token monthly payments until my circumstances improved, to date my circumstances remain unchanged.

All other creditors (4 in total) are happily accepting the token payments to date without any further action.

I have continued to make token payments of £25pm to Black Horse despite them refusing that offer of payment.

Black horse were originally granted the ccj back in Nov last year after i returned an admittance of debt form back to them, i asked for a redetermination hearing because i canot afford the £175pm outlined in the ccj.

So today i attend court, Black Horse did not attend, the Judge issued a "Forthwith Judgement" saying i clearly had no means to pay & a token payment of £25 would take too long to clear the debt down.

I presume that Black Horse will now apply for a charging order against my house, i don't really have a problem with(should i?) that but i am worried about what else can happen?

Can/will they send bailifs on the back of this "Forthwith Judgement"?

How worried should i be? What should i do next?

Thanks in advance for anyone that can help or advise.

Regards.

[labman]

Re: Help! - Redetermination hearing = Forthwith Judgement!

My understanding is that it opens the door for an application for a Charging Order to be made. This involves the creditor apllying for it and the court granting an interim order. It then goes to a District Judge for a Final Order.

You say you don't object to this, and as far as I'm aware it does what it says, it gives them a charge against your property, thus securing their debt.

[SpringerSpaniel]

Re: Help! - Redetermination hearing = Forthwith Judgement!

Are you in England or Scotland ?

[Brickingit]

Re: Help! - Redetermination hearing = Forthwith Judgement!

Thanks for the replies, i'm in England.

Really appreciate any advice or if anyone has experience of this situation?

[Brickingit]

Re: Help! - Redetermination hearing = Forthwith Judgement!

Anyone?

[dog after a bone]

Re: Help! - Redetermination hearing = Forthwith Judgement!

if the've got forthwith judgement Yes they can get bailiffs involved, just remember a bailiff can only enter your home if you open the door to them make sure all doors and windows are closed and locked ,talk through letter box or even from upstairs window,they may take details of your vehicles so don't park on property
once the door is open they have been granted access from that moment on.this also includes gardens etc!!!
hope this helps rich in hull[not legally trained just informed!]
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if you receive a charging oreder your home becomes security on the debt ,it can lead to a final order where if defaulted on judges directions your home can be sold on the creditors authority NOT YOUR'S!!!!
be very crefull not to miss hearing date11

[Guest]

Re: Help! - Redetermination hearing = Forthwith Judgement!

Hi have a look here

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=15_charging_orders_in_the_count y_court

Peter

[Algee]

Re: Help! - Redetermination hearing = Forthwith Judgement!

Do you have a joint mortgage? Is the Blackhorse loan in your name only?

If yes to both of those questions, then although it appears that a charge is placed against your property, they can only place a restriction.

A restriction does not stop a sale. If you have sold your house, all your conveyancer has to do is inform the creditor that it has been sold.

I emailed Land Registry about this and got the following reply:

Mr Cooper is currently on lease and your E Mail has been passed to me for consideration. Whilst we cannot provide legal advice, I can confirm that the restriction in Form K is in respect of an individual’s beneficial share in the property. This does not therefore entitle the beneficiary of that restriction to prevent a disposition such as a Transfer from taking place. It entitles the beneficiary to be notified of any disposition by the registered proprietor. If that disposition is a transfer by way of sale at arm’s length, then the interest of the beneficiary of the interest protected by that restriction would be overreached and the restriction would be cancelled accordingly at the time of registration of that transfer.

Any moneys which remained owing under the terms of the court proceedings would not be a concern of the Land Registry. It would be a matter for the individual parties.

Yours Faithfully

Glyn Freeman
Technical Support Team
Land Registry
Wales Office
017692 354851

Even if the creditor is informed on the day of transfer, then your conveyancerwould have acted correctly, and the restriction will be lifted when the property has been re-registered with the new owner. You will still owe the creditor, but he will have to find some other way of securing his money.

The problem you would have is to find a conveyancer who actually knows this and is prepared to work in your interest.

Alan

[dog after a bone]

Re: Help! - Redetermination hearing = Forthwith Judgement!

sos about that just saying the other side have many options open ,think its wise to be aware ,as said i'm not legally trained and learning myself on the ins-outs of this complicated side which is very hard to find advice on,i'm doing the chasing so trying to be helpfull thats all!!!