restons acting for carbot are applying a charge on property against a ccj - help plea

[limpet]

Hi,

I have a ccj for a Halifax cc and was taken to court by carbot and got a ccj in 2014 which I have paid the set amount each month without missing a payment. I have received a letter from Restons solicitors - The worded letter reads as follows :-

We write to inform you that we have been instructed to secure the outstanding judgement debt against your interest in your property by way of a charging order application.

We appreciate that you are currently making payments towards the judgement debt and would encourage you to continue with these however, an application will be made Imminently that will run alongside your current repayments.

If granted by the court, the financial charging order will be registered against your property and will act as a long term measure until such a time as the judgement debt is redeemed, be it via instalments or from any othe available proceeds following future sale or remortgage.


What can I do about this - is it possible I could send a promissory note to try to combat this . I really appreciate any help and advice with this.

[charitynjw]

Re: restons acting for carbot are applying a charge on property against a ccj - help

Hi limpet & welcome to LB

As far as I'm aware, promissory notes are not regarded as legal tender in the UK, & although they are a legal negotiable instrument, they are an agreement between 2 'people'.
They are not, however, unilateral; you can't force someone to accept it.
I have seen various contrary explanations (ie on youtube).
I did email Michael Tellinger to try & clarify this, but as yet I haven't had a response.
[MENTION=87380]Diana M[/MENTION] or [MENTION=55034]nemesis45[/MENTION] might be able to help with the letter

[limpet]

Re: restons acting for carbot are applying a charge on property against a ccj - help

Hi,

Thank you for your prompt reply. Please let me know when you hear back from Mark Tellinger. I have read so many different things about promissory notes, some say that they are enforceable due to the 1882 exchange bill act and that they can be presented to a bank and if they don't accept them then they are breaking the law.

I just need to know what tools I have available to me to fight with especially with this latest letter - what can I do to stop my home from being taken off me, can they do this when I have been paying the ccj ?

[Diana M]

Re: restons acting for carbot are applying a charge on property against a ccj - help

From what you say you got a CCJ as a consequence of a successful claim by Cabot in 2014.

Was this a Default Judgment or did you contest/defend the claim at the time?

Who were the solicitors representing the Claimant (Cabot)? Were they Restons or Mortimer Clarke? (I have a reason for asking this question).

Alas since October 2012 any CCJ of £1k or more can result in a Charging Order application. I'm highlighting the word "application" because any CO application can be contested.

Di

[charitynjw]

Re: restons acting for carbot are applying a charge on property against a ccj - help

In my brief search, I came across the attached response from the Bank of England.

Whether or not is is correct......................:noidea:

Nb.....Michael Tellinger

[Diana M]

Re: restons acting for carbot are applying a charge on property against a ccj - help

I have read so many different things about promissory notes, some say that they are enforceable due to the 1882 exchange bill act and that they can be presented to a bank and if they don't accept them then they are breaking the law.

Really?

And where did you get that pearl of wisdom?

Di

[limpet]

Re: restons acting for carbot are applying a charge on property against a ccj - help

Thank you for your reply. The issue date on the county court claim form is actually 09/01/15 and it states the claimant as Carbot and the address for sending documents and payments is Restons. At the time of receiving it I didn't know what else to do but to fill the forms out with my income expenditure and offer of monthly repayments. I received confirmation of the ccj and the monthly payments and I have paid them ever since without fail. I just don't know what to do I am terrified that they will sell my home.

From what you say you got a CCJ as a consequence of a successful claim by Cabot in 2014.

Was this a Default Judgment or did you contest/defend the claim at the time?

Who were the solicitors representing the Claimant (Cabot)? Were they Restons or Mortimer Clarke? (I have a reason for asking this question).

Alas since October 2012 any CCJ of £1k or more can result in a Charging Order application. I'm highlighting the word "application" because any CO application can be contested.

Di

[charitynjw]

Re: restons acting for carbot are applying a charge on property against a ccj - help

[MENTION=87380]Diana M[/MENTION]

[limpet]

Re: restons acting for carbot are applying a charge on property against a ccj - help

Thank you for the link to the BoE letter - very interesting However, I don't understand your reply below - what does it mean?

@Diana M

[Diana M]

Re: restons acting for carbot are applying a charge on property against a ccj - help

I don't understand your reply below - what does it mean?

I think it means that I (Diana M) should take a view on your situation.

Fine my me .

I'll do that tomorrow

Di

[charitynjw]

Re: restons acting for carbot are applying a charge on property against a ccj - help

Thank you for the link to the BoE letter - very interesting However, I don't understand your reply below - what does it mean?

I think it means that I (Diana M) should take a view on your situation.

Fine my me .

I'll do that tomorrow

Di

I noted that Di had something in mind (I think), so I tagged the good lady.

[nemesis45]

Re: restons acting for carbot are applying a charge on property against a ccj - help

I agree with [MENTION=38161]char[/MENTION]ittyjw on promissory notes.

How much do you owe now?

nem

[Diana M]

Re: restons acting for carbot are applying a charge on property against a ccj - help

The issue date on the county court claim form is actually 09/01/15 and it states the claimant as Carbot and the address for sending documents and payments is Restons. At the time of receiving it I didn't know what else to do but to fill the forms out with my income expenditure and offer of monthly repayments. I received confirmation of the ccj and the monthly payments and I have paid them ever since without fail. I just don't know what to do I am terrified that they will sell my home.

Thank you for clarifying a few things.

I was looking for any reason you may have to get the CCJ set-aside (Cabot rarely buy enforceable debts). However if you have admitted the claim a set-aside would not be an option.

You say you now have a CCJ which is an Instalment Order (not a 'Forthwith' whole amount Order) because the monthly agreements were set by the court. You've kept to the terms of that Order.

Alas since October 2012 this won't prevent the Claimant/Creditor applying for a Charging Order to secure the debt. I would hope the worst case scenario would be a Charging Order which says no Order for Sale unless the terms of the Order are breached i.e. if you keep paying the CCJ monthly sum set by the court.

If you're struggling to pay that amount you can make an application to the court to vary the Order (CCJ).

There's no hearing for an Interim Charging Order. But if the Claimant wants a Full Charging Order then there will be a hearing which you should attend so you can tell the court any reasons why a CO would not be appropriate. You can ask for conditions to be written into a CO such as no OfS until the youngest child reaches 18 etc.

Is the property in your sole name or in joint names with anyone else? If it's in joint names then the Claimant will only get a Restriction which means whenever the property is sold they will be notified of the sale.

Di

[limpet]

Re: restons acting for carbot are applying a charge on property against a ccj - help

Thank you so much for your full and frank advice, I truly appreciate all information good or bad! I contacted Restons today but sadly their attitude and cenceitment was just unbareable no matter how nice I was being. They wouldn't tell me why Cabot had asked for the charging order to be applied for, they just said if I pay in full it will be stopped. So no luck there. I will just have to face the firing squad when the time comes and try to keep my fighting sprit going.

Once again I truly appreciate everyone's help and fast response.