Charging order balance problem

[Blueberry55]

I was given a ccj in August. I have paid in full and on time since. The total ccj amount was £2041.35 including court costs. Restons (dca/solicitors) applied for a charging order on my home. I attempted to defend it based on having little equity in the house and having other creditors. This failed and I was told the charging order would go ahead. Today i have received notification that the charge on the house was granted for £18100.00. Is this correct or might it just be a typo? Any help would be great.

[Kati]

Re: Charging order balance problem

tagging [MENTION=48934]Debt Camel[/MENTION] xx

[seduraed]

Re: Charging order balance problem

I would talk to the court on monday and check . there seems no reason to make a charging order for 10 times the original debt. I suspect a typo but some of these DCAs can fall below the highest standards of business practice and integrity. I believe Restons may be guilty of this.

[Diana M]

Re: Charging order balance problem

I was given a ccj in August. I have paid in full and on time since. The total ccj amount was £2041.35 including court costs. Restons (dca/solicitors) applied for a charging order on my home. I attempted to defend it based on having little equity in the house and having other creditors. This failed and I was told the charging order would go ahead. Today i have received notification that the charge on the house was granted for £18100.00. Is this correct or might it just be a typo?

Since 2012 the Judgement Creditor has the automatic right to a Charging Order (subject to 'this and that') for any CCJ of £1k or more.

From what you say the CCJ was more than £1k.

From what you say the Judgment Creditor made an Application for a Final Charging Order after having registered an interim Charching Order at Land Registry (please correct me if I've misunderstood the legal situation).

You may/may not have contested the Final Charging Order hearing although it seems you did but were not successful. Did you have legal representation at the hearing?

If the Order from the court is wrong on the amount then you may 'question' it. All court hearings are recorded.

I think you're dealing with a legal issue rather than a debt issue.

So that leads me to ask who was the Claimant instructed by Restons solicitors, what was the debt/claim and was the debt justifiably proven in court?

Di

[Diana M]

Re: Charging order balance problem

Restons (dca/solicitors) applied for a charging order on my home. I attempted to defend it based on having little equity in the house and having other creditors. This failed .

Is your home in your sole name or in joint names with another person?

If it’s joint names then any ‘Charging Order’ would be a ‘Restriction’ so an Order for Sale is unlikely.

As I previously said you need to establish whether the CCJ was lawfully obtained in the first place in case you have the potential to have that CCJ set aside (or appealed) which could in turn frustrate the Charging Order.

Restons were the solicitors so who was the Claimant and what was the original debt?

Di

[Blueberry55]

Re: Charging order balance problem

Hi, thanks for your reply.
the original debt was with MBNA, this was sold on to Arrow global in roughly 2012. The court pack for the ccj was send to me in December last year. I do recognise the debt and returned my pack with a financial statement and offered £10 per month. I also complained about some information I was given to Restons and the fact that arrow had not provided me with any statements in the time that had the account or provided me with a copy of the ca when it was requested a while ago. The next thing I heard from Restons was that they do not need to provide me with any information and that the information I was given regarding payment plans was correct, they would not uphold the complaint but they would accept £17 a month. I paid this and did not hear anything else until August when they wrote to me and said the £17 was no longer acceptable and I must write to them to increase the offer. I wrote and offered £75 per month with the help of a family member - this would have allowed the balance to be cleared in 24 months - from previous experience I know that this is Arrow Globals “golden figure” and has allowed me to avoid court action before - I have another MBNA account that was dealt with by Restons simultaneously to this one - the only difference is that in August they told the court I had offered £65 per month which reston accepted - despite my financial statement etc. Which would be fine if they had done that for both accounts. For some reason they would not accept the £75 for this account and when I called them the advisor said Restons would prefer to “see what the judge says, maybe they will order £75, maybe they will side with us”. The judge just accepted the £10. So then I over paid because I want the debt gone and have some help. I was not surprised they went for a charging order as they are entitled to one (although they have not applied for one for my other account that I pay the £65 to - so I guess it’s not worth it if the balance will be clear in 24 months). I argued the charging order was not fair as the property is in joint names and my half of the equity would not clear all of my outstanding balances, and the pro- rata amount Restons would be due from a sale would be less than what they are securing (I have an old loan and another card outstanding with balances much higher than this one). I did not have any representation for this.

thank you for reply, sorry for the long response. Any help would be gratefully received.