Help - charging order at court this week

[Countrygirl]

Hi

link financial got a judgement against me. Then got an interim charging order and now a court thing this week I think to make charging order final.

I didn't go to court or contact link as too stressful so I just ignored it all.

I dont know know what to do, I contacted them with an offer but it was 45 percent of the debt that the court letter states and they refused. I then asked about instalments and they sent me a form to fill in. But do they charge interest if I pay by instalments?

any advice would be gelpful. How can I stop charging order being made final? Please

[FlamingParrot]

Re: Help - charging order at court this week

Welcome to LB

link financial got a judgement against me. Then got an interim charging order and now a court thing this week I think to make charging order final.

I didn't go to court or contact link as too stressful so I just ignored it all.

Was the court hearing for the final charging order? That would have been your opportunity to put forward points to object to the order being made final. Having said that, it's not easy to successfully oppose a CO being made final.

If the property is jointly owned and the debt is in your sole name, they can only record a restriction. :thumb:

I dont know know what to do, I contacted them with an offer but it was 45 percent of the debt that the court letter states and they refused. I then asked about instalments and they sent me a form to fill in. But do they charge interest if I pay by instalments?

If they have judgment and have secured the debt with a CO, they're not very likely to accept a F&F of less than 50% of the debt. You need to come to an arrangement with regards to installments, because if the creditor has a CO and no payments are made into the judgment, the creditor can apply for an order for sale. :scared:

[Countrygirl]

Re: Help - charging order at court this week

Hi thank you for the info. The court hearing is tomorrow. Should go to it and offer 50 percent of debt which would be 9k . Or contact them today and offer 9 k. Is it in my favour if I go to court and make the offer There?

I don't have a solicitor.

My partner will help me re 9 k. The house is in my sole name.

Many thanks

[Countrygirl]

Re: Help - charging order at court this week

Urgent please could someone advise

[FlamingParrot]

Re: Help - charging order at court this week

Hi thank you for the info. The court hearing is tomorrow. Should go to it and offer 50 percent of debt which would be 9k . Or contact them today and offer 9 k. Is it in my favour if I go to court and make the offer There?

I don't have a solicitor.

My partner will help me re 9 k. The house is in my sole name.

The hearing is just to make a final charging order, it doesn't mean you'll lose your home. You can oppose the CO but in most cases the court will grant the final CO anyway. There's no need to panic, you can make a monthly installment order you can afford in the long term. Although time's not on your side, you should look at this thread relating to a similar hearing: http://www.legalbeagles.info/forums/...+order+hearing

[Countrygirl]

Re: Help - charging order at court this week

Thank you for the info. Apparently if I pay by instalments or do nothing interest us charged at 8 percent calculated daily. So would like to know how much to offer in full and final settlement of debt that would be acceptable ccj was for 17k

how do I go about this at the court please?

[Amethyst]

Re: Help - charging order at court this week

Sadly if you are at this stage, final charging order hearing tmw, there's not going to be a huge amount of negotiating power from your side. But, if this 9k Is a lump sum and you can speak with them in the morning and make it very clear this is a one off third party help offer on condition all action dropped and ccj marked as satisfied, vi a consent order until the sum has been paid and cleared, they MIGHT prefer to get a lump sum in hand now than accept your affordable monthly installment over the next hundred years. Nothing to lose by having a without prejudice conversation with the claimants solicitors before court. Best first thing by telephone. 9k is pushing it, you might have more luck at 12k, or you can try 9k lump sum and 3k by £150 month installment under Tomlin/consent order, but if you missed any payment you'd be back to square one. Communicate with the solicitors, you'll soon know if they are up for any negotiation.

If its a no then just ensure you take your income and expenditure sheets and have a reasonable offer. Have you put in a witness statement or anything? If not then mention any dependents you have living at the home, any negative equity ... ask court to not allow a sale order while instalments are being made.

Do we have any background to the claim on here? Ah no just the four posts on this thread, make sure you go to the hearing tmw, it will be stressful, but at least you will have some say in the matter and know what is happening. Really hard to say much about what will happen without knowing more, but I expect U will get the charging order finalised, so your fight is basically to avoid Link being able to go for a sale order later.

Its 8% a year statutory interest btw, not daily, still soon adds up though.

[Countrygirl]

Re: Help - charging order at court this week

Thank you so much for your advice. I will contact them first thing this morning and make increased offer and try to get them to stop charging order hearing though they may still want to go ahead with that if they do and I tell the judge that they will accept 12k and it can be paid within 5 days will the judge still grant charging order?

Many thanks for for your help

background is bank put loan and credit card onto overdraft defaulted it in 2006then sold it to link who also defaulted i in 2009. I had been paying bank monthly - well thought it was dca but it was part of the bank. Didn't receive paperwork about court hearing until after court hearing when they got a ccj. I immediately tried to negotiate within the judgement deadline but link ignored my emails until after the deadline when they said they haven't received them. I spoke with a lady at link who then rejected my offer

thank you