Hello I hope this is the right place to post this, if not could someone point me in the right direction. I recently tried to get solar panels installed free of charge. The company said that there was a government grant schemed to allow free installation and then they get the grant back from the feed in tariff, however I was refused a grant because of my poor credit record and a CCJ. The CCJ has a charging order attached. The solar company said instead that I could have them installed under a 25 year rent a roof scheme instead, however now the finacne company that got a CCJ and charging order against me have objected so the company say they can't install the panels under this scheme either. This to me seems ludicrous and I wondered if anyone else had had the same issues. To me if I am looking to save money by geting about £600 of free electric every year that can only be good for the finance company because it increase my income and lets me pay off my debts quicker, so if anyone had any experience of this could they give me any advice, many thanks.

Hi I have a number of questions, hope someone can help. If a court sends hearing notices to a solicitor, are they sent securely via an internal system or normal post? If securely, will the court have a receipt of delivery i.e. that the hearing notices were received by said solicitor? Are solicitors for the Claimant responsible for sending out a Copy of Service to the Defendant? In the case of an Interim Charging Order and Final Charging Order, when does a CCJ come into the equation? At the interim or final stage? Does it go straight onto your credit file? Thanks in advance for any help.

Hi, I am not sure this is in the right place, I hope someone can help, I arranged in Feb 13 to take my autistic son on a Family Holiday in September, this was authorised in writing by the school (signed by headmaster), he is due to be off for 10 days. On the school website it still states that up to 10 days may be authorised for holidays in term time. Now, i receive an email from the school (My sons teacher) 2 days before the school closes for summer advising that " I spoke to Ms Harris in Student Services. Ms Harris confirmed that all term holiday concessions on discretion of schools have been withdrawn by the Government. If a parent therefore takes a student on holiday during term time, there will be a fine of £60 to one or both parents." Can the school go back on a letter that has authorised the holiday? Can the school at this short notice (knowing full well the holiday has been booked and payed for) basically cancel the holiday for my son who is autistic and is really looking forward to it? Would i have a leg to stand on, if i take him away with us and argue the fine when he returns? Obviously being autistic he needs the stability and routine which the school are trying to change, he has been planning "his" holiday since he first found out he was going, even trying to improve his schooling so he could go. Before anyone has a go about taking him out of school in term time, it is the ONLY time we can afford any kind of holiday and he doesn't live with us, we live a couple of hundred miles away from him and only get to see him a few times a year, so understandably he loves anytime he gets to see us.

Hi everyone looking for some advice on this one. Will try to keep brief but is a bit of a story. Early to mid 2010 changed banks and left an overdraught and personal loan with old bank which could not repay. Got the usual letters from the bank then from triton credit services up until late 2010 then all stopped. fast forward to sep 2011 letters arrives in post one for me one for my partner from land registry. It turns out i have a ccj and eversheds are behind it acting for my old bank. Also a charging order is well through its process of being issued. A day later me and missus get letters from ever****s. Well my surname is spelt incorrectly having a letter added to it. This happens fairly regularly for me and other family members and is a right bug bear. I never open this mis spelt mail and return to sender " No such person at this address". So it turns out i have returned several pieces of mail over the previous 6 months and looks like it is letters from ever****s and court documentation regarding the ccj and charging order. I wrote to the court requesting transfer to my local court and miss spelling of my surname. So i end up in local court in december and end up with a charging order. The local solicitor who was there for eversheds assured me outside of court that my home would be safe so i just went through the motions a bit out of my depth realy. Heard nothing since until a week or so ago got letter from eversheds they say they now have from local court "The final charging order absolute" whatever that means. They are asking for my proposals for repayment failure to do so resulting in further enforcement ( I assume order for sale) Can anyone give any sound advice on this ?? Have i done right allowing it to get to this stage ??? Should i have done anything about the miss spelt surname. Any advice on the charging order implications it is a bit confusing, i have read other threads mentioning restrictions and about joint ownership but only one persons debt etc. Any further info needed just ask many thanks folks. Just to clarify the miss spelling of my name bit. Letters from my old bank and triton were spelt correctly. By the looks of it when it has been passed to eversheds they have miss spelt my surname and when they have started the ball rolling with the court the court has been given the miss spelling also by eversheds. It was only when the land registry letter arrived with my name spelt correctly that i got wind of what was going on. Cheers. Anyone able to help please ???

Hi there I would just like some advice on a matter that I cant get resolved. In a nutshell: Tessera Portfolio Management Ltd claim to purchase a debt in 2002 from RBS and claim to have held on to it in 2004 at which time they sucessfully trace me and after persistent harassment I start paying. There is never any proof of the debt or the balance They take me to court in 2007 and get a default judgement because I never receive the defence papers. The claimant on the judgement is RBS and not Tessera. They are awarded a final charging order in 2009 and I have been paying ever since. Six months ago I decided to query this as I have never understood how a judgment could be awarded in the name of the bank who have never had anything to do with it. I received a completely nonsensical response from the solicitors supposedly in charge of the claim. The solicitors ELS & Cole said the debt was purchased from RBS but the legal work had to be in the name of the bank as they were the legal owners but any money recoverd was due to Tessera? I referred it to the Financial Ombudsman as I thought it was fraudlent but they said they couldnt do anything as it had gone to court. Since then it turns out that Tessera always claimed to be acting on behalf of RBS and all the documents submitted to land registry all said the same. The final charging order even had a Tessera stamp on it saying original documents seen even though their solicitors at the time said they were acting on behalf of RBS. I have since wrote to the court, action fraud and the csa. I received a letter from ELS & Cole the other day stating that they would accept my £4000.00 plus payments as full and final settlement of the debt if I agreed to it. They now say that the bank own the debt and have put them as the client rather than Tessera Portolio Management? I spoke to one of Tessera's managers when I put the complaint into the Ombudsman and he said it had gone to Arrow Global. The letter however said it had not of course. I have contacted csa again who have not responded to my complaint to say it didnt even look like they had a credit licence in 2002 and mentioned the false representation for nearly a decade. On looking at Companies House Tessera Portofolio has been voluntary stuck off just afer the time that I made the initial complaint. I am now just wondering what is the best course of action and would appreciate any advice???

need help asap I have a interim charging order I received through the post which takes place on Monday 13/1/2014

I had a Money Claim issued to me from a previous creditor to my parent’s address where I don't actually live myself, as I did not respond to the claim within 28 days it has now turned into a CCJ. I have now received a letter to a property 4 weeks later which I own stating that they have made an application to the court for a charging order on this property; however the address is not the address where the CCJ has been issued and there is no clear link or evidence to even suggest this property is even linked to my parents where the original CCJ was issued. “Application For Charging Order” is the first piece of correspondence I have received at this address. Without going to much into the original debt at this stage which I don’t even acknowledge as being a debt, is it possible for them to get a charging order on a property or address which was not where the original CCJ was issued. Please can someone advise me on this? Thank you

Can anyone tell me what interest rate credit card companies charge on late payment fee's etc. Is it the card rate or the cash rate? thanks in advance

hi could anyone tell me where to post a new thread regarding an interim charge order being made on a county court judgement please.

Whether they know it or not, more than 700,000 households in England and Wales are at risk of losing their homes over debts as small as £1,000. New rules come into effect today governing the way that creditors can force the sale of property in order to repay outstanding sums on payday loans, credit cards and other forms of consumer debt. The new regulations – the Charging Orders (Order for Sale: Financial Thresholds) Regulations 2013 – could prove controversial for two reasons. First, they represent an about-turn by the Government, which had indicated in the Coalition Agreement in 2010 that a threshold of £25,000 would be set rather than the £1,000 limit that takes effect today. Second, the numbers of people with charging orders on their property who could then go on to lose their homes could surge as house prices rise. Once a charging order exists on a property, the owners are only a step away from losing their home as their creditors can ask a court to force a sale in order to satisfy the debt. Just over 400 sales orders were made in 2011, the last year for which there are statistics. Rising house prices mean that there is more equity in homes and that creditors are likely to get their debts paid from that equity if they force the sale of a home. House prices appear to be moving upwards after five years of stagnation. StepChange, a free debt advice charity, is perturbed by the move to set a £1,000 threshold. Peter Tutton, head of policy, says: "The Government have reneged on their promise. We think there isn't sufficient justification." He believes that there will be more charging orders given in future, up from the 81,000 made in 2011 or the 93,000 in 2010. "I'd be surprised if we don't see more charging orders because it's easy for creditors to get them," he adds. http://www.independent.co.uk/money/loans-credit/1000-debt-could-force-you-to-sell-your-home-8562606.html

Hi I'm New to this so unsure if I am posting in the correct place. My husband had a CCJ against his name in July with Capquest for £2400. We agreed to pay £100 month Off the debt which was agreed. Since then, I have been of work due to mental health issues And as such my pay has been reduced to half. We did not make any payments on the CCJ but received A letter last week stating that the CCJ had Been moved from one county court to another. On receiving my husband contacted capquest and the CC Explaining out situation and asking if we could pay £50/month and to stop any further action. Today we have received a letter stating that Capquest have obtained a interim charging order against the house and And going for the final charging order but would accept £50/month off the debt. My question is : if we reduce this debt (with the help of family and fiends) below the £1000 threshold, will Capquest be able to peruse the Final charging Order against my husband? Thanks

Hi All In July I was taken to court for a debt, I offered to pay £30 mth to pay off the debt. The creditor opposed this but the Judge excepted my offer. I have just received a letter from the creditor saying I have to attend court in October because they are now going to get a charging Order on my house. I have not missed a payment but the court has told me that it doesn`t matter it is up to the Judge to grant it or not. Is there anything I can do, or is it just a case of turning up to court on the day and hope i can convince the Judge not to grant the charging order. I,m also in arrears with my mortgage and i,m paying that of monthly also, if the charging order is granted i assume the mortgage company will find out. Will this effect any agreement I have with my mortgage company? Sorry for rambling and thanks for any advice in advance.

Hi thanks for taking the time to read and hopefully help. CCJ was issued back in september for a TSB CC which I took out in 2000 and defaulted on in June 2007 and I have not acknowledged the debt at all. its been passed on to the usual dca then nothing for a few years until I had a letter in the post saying do I need help with my CCJ. I went onto my credit file and there it was from Hillsden. I had not paperwork to defend myself in court and in throery the debt should be Staue barred!!! A CCJ was granted which I later had confirmed in the post and to pay they full amount which was now £4064.07 which I cant afford to pay, I have now received a letter to advise that DLC have applied for a charging order through my local court and this is being held on the 14th Jan 2014. I have drafed up the below letter to defend myself as I was never given the opportunity to do so in the first place. can you please give me some poiters so see if its any good as this is all new to me. I want the CCJ set aside and the Charging order dropped. The debt is State barred and they should not of been able to get a CCJ. Ihave spken to the orginal creditor and they still have not sent a copy of my CCA nor did I receive notice of assigment that the debt had been sold to Hillsden. Please any ideas as I am very worried now and I cant attend court as I only work part time and its being held on one of the days I work and I know I cant get the time off. I am a single mom with two young kids trying to keep up with my mortgage which I am already behind on and now I have this to worry about. Thank you for your help copy of letter below Please take note I do not acknowledge any debt to Hillesden Securities or any associated company. I refer to entries made to my credit reference files by Hillesden Securities Ltd., England and Wales Orders & Judgments Hillesden has stated that a County Court Judgment was made in its favour on 11/09/2013, please take careful note I have NOT at anytime received a County Court Claim pack at my present address and I have been resident here for 12 years So I have been unable to defence myself and I am applying to get the CCJ set aside and that the Charging Order dropped as DLC/Hillsden have not followed the correct guidelines. I have now received a letter dated the 15.09.2013 to advise that DLC have applied for an Charging order on my property. I am now aware that Hillsden Securities LTD are aware of my address after receiving the above mentioned letter, but no original court papers so one must conclude that IF the CC claims was made by Hillsden it clearly used an incorrect address, this may or may not have been a deliberate action to obtain a judgement by default but it is easy to conclude this is a possibility. I have been in contact with the original creditor (again I do not acknowledge any debt to them) requesting my original credit agreement from the year 2000 and I am still awaiting these documents from over a month ago. They also advised me that the account defaulted back in June 2007 so this debt would of been Statue bared in June 2013 So how did Hillsden managed to get the CCJ in September 2013. Also no notice of assignment was received from the original creditor or the DCA which again is a legal requirement. I would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.” The last payment of this debt was made over six years ago and no further written acknowledgement or payment has been made since that time. Unless you can provide evidence of payment by myself/us* or written acknowledgement of the debt from me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any court action against us to recover the alleged amount claimed, and should you try to proceed with court action I must inform you that I shall vigorously defend this action in court citing Section 5 as part of our defence. The OFT Debt Collection Guidance states that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statue barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”, which again should you try and proceed to court I will also use this as a defence. As you you can see I have not been able to defend myself due to the lack of correspondence from either parties and I only found out a CCJ has ben issued when I was notified on my credit file I therefor require Hillesden Securities Ltd., to produce all the relevant documents regarding this CC Claim, and any other documents connected with the alleged debt within 7 days from the date hereon, until these documents are provided to me no further correspondence will be entered into.

Hi I am new to this site, could someone direct me as to where I can post a new thread regarding ccj,s and interim charging orders. thank you http://www.consumeractiongroup.co.uk/forum/showthread.php?409508-ccj-s-and-interim-charge-orders

Have today received interim charging order and date for hearing late November. I have been making monthly payments as agreed for 4 months of £50 and have made an additional payment of £500 due to selling a piece of machinery, therefor reducing the amount owing from2800 to 2100 within 4 months. The offer of £50/month was offered to the hceo's acting on the creditors behalf and was bluntly refused but readily accepted as soon as the debt got passed back to the creditor, so the debt could have been reduced by another 3 - 400 pound by now had they accepted the offer at the time. The house is in joint names with my partner but the debt is in my sole name, the debt is to "howdens Joinery", we have no equity in the property. Have made all these points directly to howdens and cant understand why they are still pushing ahead with the application. My questions are really why would they carry on with this action costing them money when as I understand it they would have virtually no chance of getting a forced sale, due to the house being jointly owned and there being no equity. also is a judge likely to make the order final when there is an agreed payment plan in place which I am honouring and making substantial additional payments. Would be grateful for some advice. Cheers all..

Six months after a ban on excessive card payment charges came into force, Which? has discovered that although some companies have lowered their fees, others are still hitting consumers hard. Following our successful campaign to get the government to ban 'rip-off' card payment surcharges, we have been monitoring how well the new rules are working. We asked consumers to tell us if they felt they had been hit with an unfair surcharge since the ban took effect in April this year. Excessive travel surcharges More than 700 people have been in touch through our website and we’ve found that some companies are still charging excessive fees, with the worst offenders in the travel and holiday sector. Of these, we’ve identified several that we believe could be breaking the new rules. The worst offender was eDreams - we found examples of surcharges of more than 18% for customers paying by credit and even debit cards. We also found EasyBus, Germanwings, Jet2, Monarch and Vueling still charging over the odds with fees ranging from 2.5% to 3.5%. The ban makes it illegal for companies to charge more than what it costs them to process the payment. Which? believes that this should be no more than 2% for credit cards and a matter of pence for debit cards. http://www.which.co.uk/news/2013/10/which-reveals-rip-off-surcharge-saints-and-sinners-336034/#?intcmp=HP.hero.large.1.wcunews.creditcardsurcharges.oct6

Hi people im new to this and could do with some help, Ive been chasing a conman for quite some time (7 years) and had a interim charging order placed on his house back in April 2007 i then secured the final charging order on May 2010, Now after i finally managed to get the order executed (June 2013) ive been contacted by a solicitor today telling me that im due about £4000 which was £3011.03 owed plus costs £320 which is what the interim jugement states. I questioned that the interest should be calculated from the inital Jugemnet made in 2007 ? am i wrong ? HELP he's told me that the sale of this persons house has to go through in a week and failure of me signing the forms to allow the sale he'll therefore get a judgement against me to get the judge to say this s correct and ill then have to pay the solicitors fees . . GREAT !

Hi Everyone Please Please Please help! Recap 1) Had beneficial card for over 11 years - never missed a payment! 2) Last summer after 18 months without a job and marriage problems told them i couldnt pay full payments anymore. They accepted nominal payments. 3) 3 or 4 months ago Restons got involved and issued a summons thorugh court. 4) I contacted a 'cheap' solicitor and he wrote Restons a letter but fuc...ed up replying to the court summons. 5) A judgement was made against me and Restons applied for a charging order against my house. 6) My accountant wrote to court saying that HFC had failed to supply me with copy of contract - I did not make a formal request, but the solicitor had asked for a copy due to exhorbitant charges -. Accountant also said HFC were preferring themselves to other creditors etc. etc. I couldnt go to court as i had just started a new job but everything was in the letter from my accountant. 7) Court still agreed with charging order. Restons have now written to me saying I can't sell the house until their debt is discharged and they can apply to court for Order of possession and sale of the property unless I make proper installments etc. Can HFC prevent me from selling and force me to sell????? The first charge is the mortgage company and the second charge is my wife who has 75% equity share, the remaining 25% is my share. I have 3 children aged 5, 7 and 11. The eldest is disabled. Also my parents who are pensioners live with us. If the house was sold quickly today it would pay off the mortgage with not alot remaining in any case. I came across this site too late. It looks like form the previous mails that I should still i still ask for a copy of my agreement in the correct manner but am not too sure what I can do if they can't provide one or justify their charges?? Any advice would be greatly appreciated. Thanks

I am a bit confused here. I keep getting emails from credit expert telling me that my card details are due to expire in 25 days I have been getting these every month now and they very clearly state that my membership is going to expire if they don't receive my card details I do not wish to keep paying for this service I cant afford to pay the £10 every month right now so I didn't bother giving my card details when I got my new card, I have logged in to find that under the card details section there is no information yet credit expert have still been taking 9.99 every month despite telling me almost every month that my membership would expire if I don't provide my card details, I didn't want their service so didn't bother providing my details therefore assuming that the contract would end. How on earth can they charge me when they don't have my card details, and why aren't they terminating my "membership" as they state they are going to do. [ATTACH=CONFIG]46860[/ATTACH]

I have an issue with Vodafone. I have a business account and at times had up to 20 different numbers with them. Over time this has been reduced and we sent emails to our account manager to cancel contracts and these were acknowledged and agreed. Like many people, we were pushed into going onto electronic invoices some time ago and they don't even send an email with the statements, you need to login and view them. And the system is cumbersome to use. We were doing a review in the last few days of the current numbers on the account due to a fraud on one number and in looking at bills (we had to request for Vodafone to send these to us), noticed several numbers that we had requested to be cancelled were still active. The first was agreed to be cancelled in September 2011 and we had an email from the Vodafone account manager acknowledging this was to be cancelled. It was not! They have continued charging £15 plus VAT a month for over 2 years. The second was to be cancelled in April 2012 and again, was acknowledged by the Vodafone account manager . They continued charging £35 plus VAT per month for the last 18 months. I spent a lot of time in the last few days going through old emails and communications to prove that we had cancelled the numbers and presented these to our account manager. Today she wrote back to say "I have looked at the emails you have sent over and spoken at length to our customer relations team, as a result we will offer a goodwill credit of £90 + VAT. Which is the equivalent to 6 months line rental, the reason for this amount is you also have a responsibility to check your invoices each month. I have requested the credit and it will be applied to your account in the next 2 working days." The same on the second number "The same as above with the credit being £210+VAT." Extraordinary. It is absolutely black and white that they agreed to cancel the numbers and did not. Yet they are attempting to turn this around onto us and say you should check your bills. Outrageous! We have been spending on average £1500 a month or more for many years and this is how loyalty is rewarded. Incredible. Also, it is not like we have had a lot for our money. We rarely if ever used our hardware fund etc. I am outraged at how we are being treated. Vodafone just don't give a damn and I read similar stories on here and other places so this is not an isolated incident. I don't know what we can do but I will be making all efforts to publicise how Vodafone have treated us. And of course looking to move all our business as Vodafone don't deserve it. RGW

Hello all I have a lot of practical experience of the Charging Order process from the creditor's perspective, and I'd be more than happy to provide advice and guidance to anyone who is faced with the prospect of having an application issued against their property. If you need any info on the process itself, the documentation, Court hearings etc. then please ask away and I'll do my best to help

A woman buys a house in her name only. Her husband has credit card debts. Can one of his creditors go to court and try/succeed in getting a charging order on the house. Thanks

Hi. i don't know if anyone will be able to offer advice: my local authority applied for a charging order against my property which was granted by the judge, and i have been speaking with the councils solicitors since in attempt to agree a solution to repay. i sent them scans of recent pay slips as well as my monthly outgoings / direct debits etc - i offered to repay £50.00 per month, which was refused. i received an email back from the solicitors explaining that their client (the council) would not accept anything less than £200.00 per month - which is not an affordable amount for me to pay. The 'debt' itself is for a number of periods (2005 - 2007 and 2011 - 2013) and totals a little over £6000 with costs. Today i received two letters detailing an attachment of Earnings order to my employee - sections 38 - 42 which having looked at on the internet is 12% taken on a monthly basis. i haven't received any court documents to fill in or a judgement for Attachment of earnings. 12% equates to between £120 - £150 per month (as i am paid monthly) - i'm not sure if the deduction from wages will be 12% for one or both debts - the figures in the letters are those for 2005 - 2006 and 2006 - 2007 which total around £2000 - ie, am unsure if i will be paying 12% in total, or two lots of 12% - as there are two letters.... Is there a maximum that can be taken from attachment orders? i am unsure whether or not to ring the council and ask that they review this figure, as stoppages of 24% from my wages is totally unfordable, and if that is the case, then i will not be able to afford to live - i have between £100 - £150 per month left after i have paid all my bills, mortgage etc as well as food and fuel costs, i then have to find water rates and car tax etc - i'm not sure where the extra will come from. Any advice would be appreciated. Are the local authority / courts able to simply steam roll a debtor into paying what they demand, or do they have to take into account the financial situation of a debtor - and have i any rights to challenge the amounts and / or stop attachment orders to make such more affordable? Thanks in advance

GPs charge disabled up to £130 to appeal fitness-to-work decisions Doctors are charging sick and disabled people up to £130 for medical evidence to appeal decisions about their fitness to work, The Independent has learnt. NHS GPs are telling patients they will only provide the necessary details to challenge controversial Work Capability Assessments if they pay. Others are refusing to help at all. Citizens Advice say in many areas GPs are helping with an appeal only if patients pay a fee of between £25 and £130. There are also reports from 15 of its centres that family surgeries are refusing to provide evidence at all. GPs who refuse to help – or charge increasingly high fees – argue that writing up medical evidence takes up time when they could be helping patients. But Gillian Guy, chief executive of Citizens Advice, said: “Charging sick and disabled people more than £100 for medical evidence beggars belief. This process is clearly failing.” A lack of evidence from doctors will make it more difficult for people to navigate what experts say is an already “flawed” system. The Work Capability Assessment, which is currently conducted by the private company Atos Healthcare for the Department for Work and Pensions (DWP), has already been beset by criticism. More than 600,000 of the 1.8 million assessments carried out by Atos since 2009 have been the subject of an appeal, at a cost of £60m. Around a third of the appeals succeeded. After an investigation by the DWP, which found that two in five of Atos’s written reports were not fit for purpose, the company will no longer have a monopoly to carry out the assessments. http://www.independent.co.uk/life-style/health-and-families/health-news/gps-charge-disabled-up-to-130-to-appeal-fitnesstowork-decisions-8785041.html

Hi, I have had a good read of various threads, but cant seem to find any concrete info on this. CCJ issued in the form of a charging order, skip 3-4 years and the DCA recently applied for an attachment of earnings order, which was then suspended (after I had filled in the means form). But I have just realised that this CCJ has been sold on and the debtor on the claim form is not who now owns the debt, completely different company. I have never received any court notification that this had happened. Is there anything I can do? thanks