old ccj

[kazz04]

Hi, after sending CCA,' I have got reply from lowell saying section 78 doesn't apply because a ccj was obtained before, by them which is correct. CCJ was obtained on January 2008. But I got a charging order on the same account in February 2008, made by lowell portfolio. I wasn't aware about the charging order until I got a letter saying final charging order in Feb, 2008. I didn't argue abt it at that time, and went through a DMP until now. So as far as I know, if a charging order is made, I don't have to pay or do anything until I sell my house,,is this correct? ???
Can I just ignore their letters regarding this matter or do I have to negotiate payments? I guess in order to do anything again lowell has to go to court as it's been 6yrs since the ccj& charging order given! Any advice would be much appreciated.
Thanks in advance.

[Debt Camel]

Re: old ccj

It's a shame you didn't mention that there was a charging order in your previous posts.

So as far as I know, if a charging order is made, I don't have to pay or do anything until I sell my house,,is this correct? ???

no it is very wrong

Can I just ignore their letters regarding this matter or do I have to negotiate payments? I guess in order to do anything again lowell has to go to court as it's been 6yrs since the ccj& charging order given! Any advice would be much appreciated.
Thanks in advance.

Well you are quite right Lowell will have to go back to court but it's nothing to do to with asking permission to enforce the CCJ - they have already done that with the charging order. When they nest go to court it will be asking for an order for sale - and although these are rare, ignoring the creditor is the best way of getting one

Perhaps you could answer the questions I put on your previous post?

- How much equity is there in your house?
- how much were you paying to the DMP each month? could you have paid more?
- how could you improve your financial situation - could you get a lodger? a second job?
- have you tried to reclaim PPI? You may not even have realised you had any... see http://debtcamel.co.uk/ppi-out-of-debt/. If you can get any back from this, you could use it to settle a lot of debt with full and final settlement offers, see http://debtcamel.co.uk/debt-options/...on/full-final/

[nemesis45]

Re: old ccj

Hi, after sending CCA,' I have got reply from lowell saying section 78 doesn't apply because a ccj was obtained before, by them which is correct. CCJ was obtained on January 2008. But I got a charging order on the same account in February 2008, made by lowell portfolio. I wasn't aware about the charging order until I got a letter saying final charging order in Feb, 2008. I didn't argue abt it at that time, and went through a DMP until now. So as far as I know, if a charging order is made, I don't have to pay or do anything until I sell my house,,is this correct? ???
Can I just ignore their letters regarding this matter or do I have to negotiate payments? I guess in order to do anything again lowell has to go to court as it's been 6yrs since the ccj& charging order given! Any advice would be much appreciated.
Thanks in advance.

I've asked the LB team to merge your threads it's best to keep on one to avoid confusion
nem

[kazz04]

Re: old ccj

Thanks for your advice. The debt amount at present is 2650.00. I think you can't get an order for sale if the amount is less than 10000, but I am not sure. If they go back to court, they should let me know isn't it? And will i have a chance to argue or to negotiate at that time? Well, if they don't, then they are are not getting anything untill I decide to sell,!
My worry is are they allowed to add interest.?? I have heard cases where they kept quite for 10 years and then wanted to claim thousands when the debter went to sell the property.
Is there any points I can argue if lowell takes me to court??
thanks for all your advices.

[Debt Camel]

Re: old ccj

The debt amount at present is 2650.00. I think you can't get an order for sale if the amount is less than 10000, but I am not sure.

Unfortunately the debt has to be higher than £1,000, not £10,000.

This National Debtline factsheet gives a list of points you may be able to argue in court: https://www.nationaldebtline.org/EW/...spx#quicklink8

The important one for you to note is

Your approach to the debt. If you have not attempted to come to an arrangement with the creditor to repay what you owe, the court is more likely to grant the order for sale.

This means that you will be in a better position if you talk to the creditor now, not waiting until court proceedings are started, provide and income and expenditure sheet and offer a monthly payment,

[kazz04]

Re: old ccj

Thanks. After replying saint they do not have to comply with CCA request, they haven't sent me anything yet. Maybe I will wait for their response and see. I can offer some monthly payments, guess I will wait and see.
thanks

[Debt Camel]

Re: old ccj

Thanks. After replying saint they do not have to comply with CCA request, they haven't sent me anything yet. Maybe I will wait for their response and see. I can offer some monthly payments, guess I will wait and see.
thanks

I don't know what you think they are going to send? They are right that at this point, after a CCJ, they don't have to locate the CCA docs. If you are hoping to be able to challenge them on that basis, it isn't going to work and there is no point in waiting.

Wait and see is NOT a good approach with a charging order you are not making any payments to.

[kazz04]

Re: old ccj

Thank you. Then I will offer a payment term & see, what they gona say.

[kazz04]

Re: old ccj

When I think that lowell did all these without serving proper documents, in 2008, & got a charging order, I feel like not paying them. It was just the final charging order I got.So I never had a chance to argue then. I can make them wait, can't I? Coz I live at the property &not selling it. (Never).
😃😃

[kazz04]

Re: old ccj

I did miss ur questions, sorry.
I donno how much equity is on the property.I was paying 100/month through DMplan. I can afford to make monthly payments. But iam putting up a fight with DCAs for their agressive tactics& adding ridiculous charges on top.

[nemesis45]

Re: old ccj

Thanks. After replying saint they do not have to comply with CCA request, they haven't sent me anything yet. Maybe I will wait for their response and see. I can offer some monthly payments, guess I will wait and see.
thanks

A county court judgement supercedes the original agreement.

nem

[Debt Camel]

Re: old ccj

I understand that you feel this is unfair. However you have to face up to the reality of your situation.

If an order for sale is made (not a suspended order) you will usually be given 28 days to pay the debt or leave your property. If you do not pay the debt or leave the property the creditor can apply for a warrant of possession. This will give the court bailiffs the power to evict you and change the locks. Bailiffs are entitled to use a reasonable amount of force if they need to, to enter your home, to remove you and anyone else who is there.

This is a long way down the line, but you have to start treating this debt as serious because it is. You have to make a reasonable offer and back this up with an income & expenditure sheet. How you behave will influence how the creditor behaves - taking the view that you can "make them wait" is dangerous.

[kazz04]

Re: old ccj

Thank you . Much appreciated.

- - - Updated - - -

Guess I will write to them saying I will pay 10.00 per month, as this was roughly the amount the DMPlan was paying them.

[Debt Camel]

Re: old ccj

Is that the amount your I&E shows you can afford?

[kazz04]

Re: old ccj

No. I am self employed. So it's hard for me to show proof. My I&E will actually show minus figure. Iam not saying I can't afford to pay something but in figures I can't prove it. U usually show less income 2 taxman, allegedly.😊