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Help with CCJ & charging order please

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  • #1

    Help with CCJ & charging order please

    Hi all. Would like to know if I have a case to get CCJ set aside and stop charging order on house. Much appreciated. Summary below

    I Have an agreement with a company that brought an old debt. The courts agreed I owed this and £20 per month on the 1st was off every month was agreed.

    I have not missed a payment in 2 years. In Feb 2016 the company filed for a CCJ on Feb 3rd this is 2 days after payment was due.

    I had sent payment and it must have got lost. The judge without hearing gave me a CCJ. I sent £50 for the judge to review and heard nothing till last week when I recieved a court date as the company have filed for a charging order on my house.

    I phoned the court and said I had not heard from the judge for a decision I paid the £50 to look over case to set aside. I was told the judge will look at this at the same time as the court case for the charging order.

    As I was waiting and was told nothing of this matter 28 days have passed and I am now stuck with this CCJ which even if I pay the debtor now in full will be left with it.

    The debtor has processed payments for Feb, March and April and no default letter has been sent

    The debt is only £920 this all seems crazy
    Tags: None
  • #2
    Re: Help with CCJ & charging order please

    I'll ask [MENTION=6]Amethyst[/MENTION] to take a look.

    Comment

    • #3
      Re: Help with CCJ & charging order please

      Hi Wolves

      When you say
      The courts agreed I owed this and £20 per month on the 1st was off every month was agreed.
      did you not get a judgment against you at that point or was the £20 agreed via a consent order ?

      We can look at the rest once we know on what basis you were paying £20 a month - if you have the original order that told you to pay £20 a month that would be useful.

      Was it originally a credit card/loan/overdraft type debt or something else - council tax / speeding fine etc ?

      Thanks

      Sharon
      #staysafestayhome

      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

      Received a Court Claim? Read >>>>> First Steps
      • 2 likes

      Comment

      • #4
        Re: Help with CCJ & charging order please

        Thanks for your reply. Yes it was a loan that 1st credit financial purchased. I had lots of letters and they filed threating for court so I agreed to pay £20 per month. This was done officially and through the courts. I agreed to make payments by the 1st of each month.

        - - - Updated - - -

        Sorry it was a credit card debt not a loan

        Comment

        • #5
          Re: Help with CCJ & charging order please

          [MENTION=6]Amethyst[/MENTION]
          CAVEAT LECTOR

          This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

          You and I do not see things as they are. We see things as we are.
          Cohen, Herb

          There is danger when a man throws his tongue into high gear before he
          gets his brain a-going.
          Phelps, C. C.

          "They couldn't hit an elephant at this distance!"
          The last words of John Sedgwick

          Comment

          • #6
            Re: Help with CCJ & charging order please

            Okay so the £20 was via a consent order? Do you have a copy please.
            #staysafestayhome

            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

            Received a Court Claim? Read >>>>> First Steps

            Comment

            • #7
              Re: Help with CCJ & charging order please

              It was a Tomlin order. I have had an interim charging order letter recieved today also. 1st credit refuse payment of the CCJ in full and state they have sent a consent form out with court costs for May hearing

              Comment

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