Tweet
Hello. 1st time post to this site. (Although I've read some good stuff)
My problem:
My husband had a CCJ registered against him in August 2015. It's with Arrow Global for a very old Bank of Scotland Preference Account (1997). Restons are the solicitors dealing with it.
Letter before action arrived May 2015, sent offer to pay monthly, was accepted, made payment and they still proceeded with court action. He failed to dispute it. (Respond did not comply with CCA request) anyway, judgement forthwidth awarded. Have been paying by agreed instalments ever since. Restons still not happy. Gone for charging order (Well, restriction as its a jointly owned property). I've since dug out a copy of the blinkin credit agreement, which I believe to have not been executed correctly. Anyway, have had charging order hearing moved to our local court. Have wrriten to court and sent a copy to Restons, asking to refuse final charging order ( we have small children and not enough equity in his share to cover debt)
I've mentioned in his letter that a) he would like to apply to have CCJ set aside if the court agrees, on the basis of dodgy credit agreement.
B) pointless having restriction as little equity.
C) unfair to other creditors.
I've also said that if DJ feels he/she can't agree to stop charging order, then to have strict conditions that sale order would not be granted whilst children under 18 and at home, as long as monthly payments are made.
Also asked that no interest be added (is covered under CCA)
I've written as someone womb beneficial interest stating the same sort of things.
We will both attend the hearing.
Resting have lied about dates, stating we missed payments which is why they went for CCJ. Can prove this. Would this be of interest to the court?
I've included all correspondence he has received, in the hope the DJ sees that they have acted in such a way to increase my husbands debt, and yet won't gain anything more from doing so.
Have included income and expenditure and have made offer of payment, based on pro rata payments that all other creditors are receiving. ( Restons have already accepted and have been receiving this since August 2015.)
My question is, have we a chance of having a CCJ being set aside at this late stage, do I act now or do I wait until 17th May when we go off to court and ask the DJ to delay? Is the credit agreement reason enough for a CCJ to be set aside. Can I upload it for somebody to give me an opinion on?
Many thanks!
My problem:
My husband had a CCJ registered against him in August 2015. It's with Arrow Global for a very old Bank of Scotland Preference Account (1997). Restons are the solicitors dealing with it.
Letter before action arrived May 2015, sent offer to pay monthly, was accepted, made payment and they still proceeded with court action. He failed to dispute it. (Respond did not comply with CCA request) anyway, judgement forthwidth awarded. Have been paying by agreed instalments ever since. Restons still not happy. Gone for charging order (Well, restriction as its a jointly owned property). I've since dug out a copy of the blinkin credit agreement, which I believe to have not been executed correctly. Anyway, have had charging order hearing moved to our local court. Have wrriten to court and sent a copy to Restons, asking to refuse final charging order ( we have small children and not enough equity in his share to cover debt)
I've mentioned in his letter that a) he would like to apply to have CCJ set aside if the court agrees, on the basis of dodgy credit agreement.
B) pointless having restriction as little equity.
C) unfair to other creditors.
I've also said that if DJ feels he/she can't agree to stop charging order, then to have strict conditions that sale order would not be granted whilst children under 18 and at home, as long as monthly payments are made.
Also asked that no interest be added (is covered under CCA)
I've written as someone womb beneficial interest stating the same sort of things.
We will both attend the hearing.
Resting have lied about dates, stating we missed payments which is why they went for CCJ. Can prove this. Would this be of interest to the court?
I've included all correspondence he has received, in the hope the DJ sees that they have acted in such a way to increase my husbands debt, and yet won't gain anything more from doing so.
Have included income and expenditure and have made offer of payment, based on pro rata payments that all other creditors are receiving. ( Restons have already accepted and have been receiving this since August 2015.)
My question is, have we a chance of having a CCJ being set aside at this late stage, do I act now or do I wait until 17th May when we go off to court and ask the DJ to delay? Is the credit agreement reason enough for a CCJ to be set aside. Can I upload it for somebody to give me an opinion on?
Many thanks!
Comment