Ccj secured on property. Agreed pay plan. Can solicitor force increased payments.

[Scousebird333]

Ccj. 6k. £50 Monthly Payments agreed in court order with reviews annually; with wording that no guaranteed increase/decrease at review. 1st review left payment as is. Now 2nd annual review solicitors have asked for proposals and said they think it unreasonable their client should have to wait another 9 years..... they hope i agree and they wait my offer to settle more quickly.

I am happy that if i provide i&e it will show no more disposable income.... plus i have other debts.

Just wondering how far they can push......

My house is up for sale 2yrs. Price drop twice. One offer recently but they pulled out. Should i advise them of my attempts to sell when outlining my inability to pay anymore.

[Scousebird333]

Re: Ccj secured on property. Agreed pay plan. Can solicitor force increased payments

[MENTION=29921]nemesis[/MENTION]
hoping you may have helpful suggestions....
thanks in advance.

Edit..... they did agree to few months reduced money when i had difficulties hence why 9yrs... 104weeks to be exact. Also their letter confirmed money balance received todate.

[Scousebird333]

Re: Ccj secured on property. Agreed pay plan. Can solicitor force increased payments

Anyone??!
[MENTION=77627]Openlaw15[/MENTION]
Have tagged you as see you have replied to ccj secured on a house type question in another thread.
thanks.

[Openlaw15]

Re: Ccj secured on property. Agreed pay plan. Can solicitor force increased payments

Ccj. 6k. £50 Monthly Payments agreed in court order with reviews annually; with wording that no guaranteed increase/decrease at review. 1st review left payment as is. Now 2nd annual review solicitors have asked for proposals and said they think it unreasonable their client should have to wait another 9 years..... they hope i agree and they wait my offer to settle more quickly.

I am happy that if i provide i&e it will show no more disposable income.... plus i have other debts.

Just wondering how far they can push......

My house is up for sale 2yrs. Price drop twice. One offer recently but they pulled out. Should i advise them of my attempts to sell when outlining my inability to pay anymore.

Hello there, what security does the creditor have other than the 6k CCJ? Does the creditor have charge against your home for example. It would seem rather harsh to force a sale for 6k debt. How much equity do you have in the property? Do you want to sell, who else is affected ie lives in the property?

[Scousebird333]

Re: Ccj secured on property. Agreed pay plan. Can solicitor force increased payments

Ccj is on house (land register confirms). There is equity.

There are other debts in self managed debt plan.
One is a court order with payplan but no ccj registered.... and payments made.

This one im asking about. Court order allowed for annual reviews with wording saying upward or downward. They never objected in court at time of order.

i think their letter is just a bit pushy so wondered if they may try to go back to court? Or just chancing their arm?

I can prove no change for better financially and also doctor letter showing illness history inc. Depression. And step change calcs from interim 12months as well as my own more recent.

Suppose i want to know if they may get nasty.... or really just trying it on.
So where to reply softly softly or refer them back to court order?

Thx.

[Openlaw15]

Re: Ccj secured on property. Agreed pay plan. Can solicitor force increased payments

Ccj is on house (land register confirms). There is equity.

There are other debts in self managed debt plan.
One is a court order with payplan but no ccj registered.... and payments made.

This one im asking about. Court order allowed for annual reviews with wording saying upward or downward. They never objected in court at time of order.

i think their letter is just a bit pushy so wondered if they may try to go back to court? Or just chancing their arm?

I can prove no change for better financially and also doctor letter showing illness history inc. Depression. And step change calcs from interim 12months as well as my own more recent.

Suppose i want to know if they may get nasty.... or really just trying it on.
So where to reply softly softly or refer them back to court order?

Thx.

do you have a copy of the court order you can show us so we can see the actual wording?

[Scousebird333]

Re: Ccj secured on property. Agreed pay plan. Can solicitor force increased payments

Not to hand.... as with everything around that time all got buried along with head in sand.
i know it referred to review up/down wards and 12 months as they originally wanted first review at 3months and judge told them off... he then said 12mths and thats when he actually confirmed it wasnt a guaranteed upward review but could go the other way.
i remember checking when the copy came it reflected that.

Sorry not much help.
have done my i&e and will include last one that step change did 18mths ago as comparison..... shows a deficit.
will send it and advise unable to pay any more.
just wondered if i should suggest that whilst i acknowledge it is not an ideal time frame for their client, i am complying to the terms of the court order and even though financially stretched am not requesting a reduction based on my i&e.

Thx again.

[Amethyst]

Re: Ccj secured on property. Agreed pay plan. Can solicitor force increased payments

Not to hand.... as with everything around that time all got buried along with head in sand.
i know it referred to review up/down wards and 12 months as they originally wanted first review at 3months and judge told them off... he then said 12mths and thats when he actually confirmed it wasnt a guaranteed upward review but could go the other way.
i remember checking when the copy came it reflected that.

Sorry not much help.
have done my i&e and will include last one that step change did 18mths ago as comparison..... shows a deficit.
will send it and advise unable to pay any more.
just wondered if i should suggest that whilst i acknowledge it is not an ideal time frame for their client, i am complying to the terms of the court order and even though financially stretched am not requesting a reduction based on my i&e.

Thx again.

I think that sounds entirely sensible. I would also add that your property is on the market.

[Scousebird333]

Re: Ccj secured on property. Agreed pay plan. Can solicitor force increased payments

Thx
wasnt sure about tellimg them house for sale...... especially as its been 2 years. (Have reduced price. Took recent offer but they pulled out).

[Amethyst]

Re: Ccj secured on property. Agreed pay plan. Can solicitor force increased payments

Well, I think it helps if they are arguing they want you increase payments on the basis it will take you 9 years to pay the debt, they might be more willing to accept the payments remain the same if they know it is likely to get paid off within the next year or so with the sale of the property ( I wouldn't specify that it has already been on market for 2 years though - just say it is currently on the market )

[Scousebird333]

Re: Ccj secured on property. Agreed pay plan. Can solicitor force increased payments

Thx.
am i correct to think any formal demand to increase would need an application to court......
which my i&e shows would be futile...

Just wondering as i asked before if they just trying it on to see if i budge.
cant get blood out of a stone. I dont think they aware i have other debts so im hoping they may realise they are the lucky ones being paid anything tangible.

[Amethyst]

Re: Ccj secured on property. Agreed pay plan. Can solicitor force increased payments

Yes it would.

Is it Restons btw ? They tend to ask a couple times for review then leave you alone.

[Scousebird333]

Re: Ccj secured on property. Agreed pay plan. Can solicitor force increased payments

It isnt. Northwest local sols. Not a big chain.
Think they just trying it on (hopefully)
Original order was done with only basic in outs before other business debts included. So this will first time they have had a more structured explanation.
just dont want stress of court and poss extra costs.... when i really cant pay more.

Thx for replying.

[Amethyst]

Re: Ccj secured on property. Agreed pay plan. Can solicitor force increased payments

Okay - I think what you have proposed sounds sensible - send your IE sheet with the explanation - tell them your property is on the market so that when it sells they will be receiving the full amount and as your IE shows you are unable to afford to increase payments so you wish to keep the sum you are currently paying in installments as is.

[Scousebird333]

Re: Ccj secured on property. Agreed pay plan. Can solicitor force increased payments

Great thx.
any probs i will come back for more help.