Received a court date for a 2nd ccj against the same debt. Can this be done?

[Beakybodkin]

Good afternoon,
i have received a letter from DWF to attend court on 11 May. They are trying to give me a ccj for a debt I have already had a ccj in 2013. I have the reference number from Northampton court.

admittedly, I have made no payments but I have not been chased for any either.
Now I have received another letter. Can they give me a 2nd ccj against the same debt??

What will I need to do? thank you in advance.

[Beakybodkin]

Re: Received a court date for a 2nd ccj against the same debt. Can this be done?

Advice would be appreciated guys :-)

[des8]

Re: Received a court date for a 2nd ccj against the same debt. Can this be done?

No, you can't get a second CCJ for the same debt.
Are you sure this is the same debt, or could it be n application to take enforcement action against you?
Post up the letter suitably redacted so those more capable than I can advise you

[Beakybodkin]

Re: Received a court date for a 2nd ccj against the same debt. Can this be done?

No, you can't get a second CCJ for the same debt.
Are you sure this is the same debt, or could it be n application to take enforcement action against you?
Post up the letter suitably redacted so those more capable than I can advise you

Thank you. The following letter I received, now re-reading it, isn't to give me a second ccj for the debt, but to add an Interim Charging Order to the property/mortgage which I'm guessing is to retrieve monies due to Santander from any sale of the property. Am I correct?

First letter received as quoted from DWF:
we enclose herewith by way of service upon you Interim Charging Order.
On 11 March 2015 Deputy District Judge considered the application of the claimant and the court orders that
1. The interest of the judgement debtor (me) in the asset described in the schedule (house) stand charged with payment together with any further interest due and cost of the application
2. The application will be heard on 11 May 2015 at the county court when a judge will decide whether the charge created by this order should continue.

The claimant applies for an order imposing a charge on the interest of the defendant in the land or property mentioned below to secure payment of the amount owing under the judgement order given on 02/08/2011 (CCJ given).

Second letter received this week for the land registry office informing me of a Notice to a registered proprietor of an application to register a restriction against the land B136(CO).

[Beakybodkin]

Re: Received a court date for a 2nd ccj against the same debt. Can this be done?

Should I still attend court? Obviously the debt isn't just going away and the money will be retrieved from any sale of the property. I'm sure Santander knew I was looking to sell this year!!!

[nemesis45]

Re: Received a court date for a 2nd ccj against the same debt. Can this be done?

Do have anything to put to the court to prevent the CO being made?
If not you can just let it go ahead and you will receive a copy of the order
in due course.
Then the debt & costs will be recovered from the proceeds of the sale of the property at some time in the future.
nem

[Beakybodkin]

Re: Received a court date for a 2nd ccj against the same debt. Can this be done?

Hi Nem,

I'm thinking of ways to stop the CO being made but not sure if I qualify or how to put the information together. I've been reading bits of info on the web and I'll give a little bit of info about my current status:
The CCJ was made in Aug 2011 and the total debt outstanding is for £7000.
No payments have been made by myself towards the debt since the CCJ was made. I have no other debts on my Equifax credit report.

The house is in joint names (ex partner) and the debt is also in joint names. My ex moved out 7 years ago and is still on the mortgage. I am looking to sell the property this year but will have no equity or very little from the sale of the house.

Would it be best to try and stop the CO being made somehow because of the no equity and offer to pay instalments to the creditor at the court date? But only for my half of the debt (joint names)?

thanks.

[nemesis45]

Re: Received a court date for a 2nd ccj against the same debt. Can this be done?

Can you put forward an affordable payment plan which includes reducing arrears and maintaining the contractually required payments?
If you can do this the judge should agree to not placing the CO.
But it must be a provably affordable and structured offer.

BTW There are no "parts" to to a joint mortgage account, the liability is " jointly and severally" i.e. if one party fails to pay the mortgage provider can pursue the 2nd party for all of the debt.

nem

[Beakybodkin]

Re: Received a court date for a 2nd ccj against the same debt. Can this be done?

Can you put forward an affordable payment plan which includes reducing arrears and maintaining the contractually required payments?
If you can do this the judge should agree to not placing the CO.
But it must be a provably affordable and structured offer.

BTW There are no "parts" to to a joint mortgage account, the liability is " jointly and severally" i.e. if one party fails to pay the mortgage provider can pursue the 2nd party for all of the debt.

nem

Hi Nem,

thanks again. Unfortunately the ccj was added to a different address and I didn't know about the ccj until about 1yr ago when I looked at my credit file. Therefore, I don't know how much the agreement was for me to pay pm. As I work full time classed as self employed I can make an offer but unsure how much to offer that covers contractual amounts.

Should I put forward the instalment plan to the court before the hearing date or turn up and submit this on the day?

If my ex isn't paying for the debt (joint loan), why do I have to pay the full amount? Surely this isn't fair! - (But this is another topic!)

thanks again

[nemesis45]

Re: Received a court date for a 2nd ccj against the same debt. Can this be done?

Just take your proposal with you it will have to be seen to be workable/affordable and cover the total monthly payment + a sum for the arrears.
Unfortunately as said earlier if one party fails to pay a joint mortgage the other one must pay it all.

nem

[Beakybodkin]

Re: Received a court date for a 2nd ccj against the same debt. Can this be done?

So for example:
One party (ex partner), hasn't paid for their share in the joint loan (not mortgage) and now they are chasing solely me for the payment as I'm the one paying the mortgage and they want to attach a CO to the mortgage as a secured loan?

As this was a ccj in my name, coming to almost 4 years old. Would my instalment proposal per month for the £7000 outstanding amount be expected to be paid over the duration left on the ccj (27months) or would it be until it's just paid off?
If I offer a monthly payment of £200 for example, that would take 35 months to pay it off.
My question is, which is the best option.? Proposing to stop the CO by offering to pay £200pm over 35+ months or go ahead with a CO and have the money paid from the sale of the property (if any due to possibly no equity).
Will the CO have any detriment to my credit file, bearing in mind the CCJ has only 27 months left to run.?

thanks.

[Beakybodkin]

Re: Received a court date for a 2nd ccj against the same debt. Can this be done?

I think I'll need to go to the hearing and put a case forward.. Looks like I'll need some advice from CAB first though to understand what I'll need to put together.

[Beakybodkin]

Re: Received a court date for a 2nd ccj against the same debt. Can this be done?

Thoughts and/or advice on the following:

So for example:
One party (ex partner), hasn't paid for their share in the joint loan (not mortgage) and now they are chasing solely me for the payment as I'm the one paying the mortgage and they want to attach a CO to the mortgage as a secured loan?

As this was a ccj in my name, coming to almost 4 years old. Would my instalment proposal per month for the £7000 outstanding amount be expected to be paid over the duration left on the ccj (27months) or would it be until it's just paid off?
If I offer a monthly payment of £200 for example, that would take 35 months to pay it off.
My question is, which is the best option.? Proposing to stop the CO by offering to pay £200pm over 35+ months or go ahead with a CO and have the money paid from the sale of the property (if any due to possibly no equity).
Will the CO have any detriment to my credit file, bearing in mind the CCJ has only 27 months left to run.?

thanks.

[nemesis45]

Re: Received a court date for a 2nd ccj against the same debt. Can this be done?

Hi, You pay according to the judgement order until the debt is completely paid off.
There is no end to the CCJ it does not become statute barred, it will be removed from
the "public record" section of the credit reference files after 6 years., this has no effect
on what you pay.
Your proposal of payment has to be seen as reasonable to the claimant and affordable
for you.

nem
for you.

[Beakybodkin]

Re: Received a court date for a 2nd ccj against the same debt. Can this be done?

Thanks Nem,

im im still unsure as to whether to propose paying a monthly sum until debt is paid off or just go ahead with the CO as I'm looking to sell the house this year and have the debt paid off with the sale of the house instead of paying monthly and over-stretching myself. Although the later seems to be the better option.

thanks