CCJ now seeling charging order

[creative17]

Hi I am new to the forum and seeking advice, I have found it very difficult to get any legal advice regarding a debt issue. Now resulted in a CCJ and seeking of a charging order, despite every effort to try and agree a repayment plan. I feel very unfairly treated and there has been no help on our part it has all been in favour of the creditor.

They gained a CCJ as we applied for a Time order which was struck out, I applied for judgment to be set aside as it was forthwith and asked for the time order application to be reconsidered.

The judge dismissed the application and granted the charging order application. I even asked still at this stage for a variation order the judge said that would be unfair to the claimant and stopped them being able to obtain a charging order.

Surely somewhere I have some kind of protection or rights before the charge is made final it seems so unfair.

any advice gratefully appreciated

[labman]

Re: CCJ now seeling charging order

It is very late in the day as I'm sure you realise.

What was the original debt for and how did it get to the stage of a CCJ?

If we can get an understanding of the history we may have more chance of helping with the present.

Always remember though, a Charging Order is not the end of the world. As long as you keep up repayments on the court judgment you are fine. I 'think' (NOTE THINK!!!!) you can still apply for a Variation of Order even once a Charging Order has been made.

[creative17]

Re: CCJ now seeling charging order

thanks for the reply, the original debt was a personal loan, payments maintained for past 4 years/ 3 years to run, temporary financial difficulty, tried to offer repayment plan.

Will interest be chargeable as it was under a consumer credit agreement?

Can I still apply for a variation order at this stage? as the judge said he would decline the application as it would stop the claimant being able to seek a charging order?

Any advice gratefully appreciated Thank You

[labman]

Re: CCJ now seeling charging order

Sorry - you need someone more legally minded than me. I'll post a link to this thread and ask if it can be moved to Legal where you may get better advice.

Really sorry I can't help further. Court action is not my scene at all, but good luck!

[charitynjw]

Re: CCJ now seeling charging order

Also like labman, I'm no expert on court rules.

I have however seen CCR Order 22 (rule 10) mentioned with regards to variation orders.
Perhaps you could ask the court for more info (or maybe someone else on here could assist further?)

Anyway, here's a link http://www.justice.gov.uk/courts/pro...der22#IDAJGDPC

(Found in Schedule 2 CPR http://www.justice.gov.uk/courts/pro...le2/ccrorder22 )

[Guest]

Re: CCJ now seeling charging order

thanks for the reply, the original debt was a personal loan, payments maintained for past 4 years/ 3 years to run, temporary financial difficulty, tried to offer repayment plan.

Will interest be chargeable as it was under a consumer credit agreement?


Any advice gratefully appreciated Thank You

Post judgment interest cannot form part of a charging order on a CCA debt. Broadly speaking a creditor cannot charge judgment interest on a CCA debt in any case.
Peter

[creative17]

Re: CCJ now seeling charging order

thank you for the advice and thanks for helping much appreciated

[creative17]

Re: CCJ now seeling charging order

can a charging order only be saught if I am in default of a CCJ?

[dog after a bone]

Re: CCJ now seeling charging order

if the judge has granted charging order [was it an interim or final order?]
i recently had to place interim charging order on a person who owed monies ,less than £5000, it is now going to a final hearing,where the defendant has the only chance to defend order becoming final'at this point if given final charging order ,his home becomes security on amount owed
[if the house sells i get paid out before he gets his money ,he needs a certificate to prove debt paid beforehand.he is a joint owner the credit rating only effects the debtor but there will be a restriction on his property that will show up on the house details]
ther are defences available but you need to talk to a solicitor really.
hope this helps rich in hull [not legally qualified]

[dog after a bone]

Re: CCJ now seeling charging order

sos was the ccj a pay forthwith or by certain date,i
if forthwith and you ignore it baillifs then charging order/or both at the same time can be used ,the judge decides this upon application of interim charging order[claimant must send copy of land registry document to property does not need your consent,
be very carefull!!

[creative17]

Re: CCJ now seeling charging order

Hi thanks for the reply. Was originally a forthwith judgment but I filed an application to stay the judgment pending the outcome of a time order application.
Thank you