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Hello Members - Confused Newbie
Hi,
I have been reading lots of conflicting information about this and I would really like some clarification on a CCJ judgement given to me in court as it just doesnt make sense.
Northampton issued me a ccj for £50 then Restons took me to court for re determination and court ordered:
It is ordered that
There be an order by instalments to continue at the rate of £50 per month as already ordered.
Liberty for both sides to review the order.
If so advised claimant be permitted to apply for a charging order, notwithstanding the instalment order already made.
date xx/xx/xx
I have now recieved an interim charging order as follows:
We enclose by way of service an interim charging order dated 5th february 2012 which is returnable for 8th March @ 11.00am at bla local court.
we enclose n379 form dated 30/1/2012 filed with the court in support of claimants application.
if you are aware of any creditors not mentioned please advise bla bla."
I have read that these orders are variation or hybrid orders??? and my defence would have been based on county court ACT 1984
86 Execution of orders for payment by instalments..
(1)Where the court has made an order for payment of any sum of money by instalments, execution on the order shall not be issued until after default in payment of some instalment according to the order
But because of the judges variation I dont know if this is a valid objection.
Why would he have made an installment order and let them apply for a charging order?
Would really appreciate some guidance on how to object as really stressed right now.
I have been reading lots of conflicting information about this and I would really like some clarification on a CCJ judgement given to me in court as it just doesnt make sense.
Northampton issued me a ccj for £50 then Restons took me to court for re determination and court ordered:
It is ordered that
There be an order by instalments to continue at the rate of £50 per month as already ordered.
Liberty for both sides to review the order.
If so advised claimant be permitted to apply for a charging order, notwithstanding the instalment order already made.
date xx/xx/xx
I have now recieved an interim charging order as follows:
We enclose by way of service an interim charging order dated 5th february 2012 which is returnable for 8th March @ 11.00am at bla local court.
we enclose n379 form dated 30/1/2012 filed with the court in support of claimants application.
if you are aware of any creditors not mentioned please advise bla bla."
I have read that these orders are variation or hybrid orders??? and my defence would have been based on county court ACT 1984
86 Execution of orders for payment by instalments..
(1)Where the court has made an order for payment of any sum of money by instalments, execution on the order shall not be issued until after default in payment of some instalment according to the order
But because of the judges variation I dont know if this is a valid objection.
Why would he have made an installment order and let them apply for a charging order?
Would really appreciate some guidance on how to object as really stressed right now.
