A guide to Charging Orders & Orders for Sale

[cymruambyth]

Hi I don't know whether to post her or on the spin off thread, so I'll start here.

CCJ awarded and DJ said that if an arrangement to pay can be reached within 21 days he believed that judgement would not be recorded????

An installment plan has been reached, but in their letter of acceptance the solicitor states that while accepting the repayment plan, the DCA are going to go for a CO because it wil take 20 years to clear. I am still within the 30 days so the CCJ isn't recorded yet. Any suggestions on what I can do other than rob a bank or win the lottery?

Thank you

[cymruambyth]

Take a read of my guide. If you're up-to-date with the instalment then you will be able to oppose the CO being made final. The only way a creditor can get around this is by making an application to redetermine or vary the judgment.

 

Thanks for the reply, I had read your guide; this is only just taking place. I have not yet received judgement from the court, so only have the DJ's word from the day. An installment plan was agreed with solicitors but 1st installment is not until January. They have said in the same letter that the installments are acceptable, but because it will take 20 years to clear they will be going for a CO.

[cymruambyth]

As Shadow mentioned we need to know what order the judge made. If it is forthwith then we need to get a redetermination applied for pronto.

 

Do let us know ASAP as we will then be able to take the next step!

 

Thank you, this court is notoriously slow with it's paperwork, plus snow, plus Christmas ..... I'll phone on Monday and see if they will tell me anything!

[cymruambyth]

Hi I've heard from the court, the world debt was due to be paid by 4pm on xx December. I have sent acopy of the letter from solicitors to the DJ to show that I have come to an arrangement plus sent a copy of all letters to the court manager. Any further suggestions gratefully accepted.

[cymruambyth]

Hi I've heard from the court, the world debt was due to be paid by 4pm on xx December. I have sent acopy of the letter from solicitors to the DJ to show that I have come to an arrangement plus sent a copy of all letters to the court manager. Any further suggestions gratefully accepted.

 

As I'm living in a post free zone does anyone think I should be taking any further action please?

[cymruambyth]

I have received a letter of confirmation of payment plan for a CCJ that states:

'in order to secure their position with regard to your outstanding balance, we intend to proceed with an Application for a CO. However once we have obtained this no further enforcement action will be taken against you, as long as you pay on time'

they also state that they will review the account regularly including interst rates and monthly payments.

Any comments gratefully received!

[cymruambyth]

But, they had received confirmation of this and staed that it was sufficient.

[cymruambyth]

Hi sequenci, I had a letter of confirmation of a SO for payments by installments from the creditor which was sent to the court. The court said that this was sufficient.

[cymruambyth]

If the instalments have been made as part of the court order you will be able to challenge their ability to secure a charging order against your property. They should only be able to do this if you have defaulted on the instalment order, my guide in the very first post of this long thread explains a bit more. You should always challenge any potential applications.

 

Installments are not part of a court order, they are the agreement that the DJ hoped we could reach (but failed to state this in his judgement). Thisagreement was dated before the date the full sum had to be paid. The court had a copy of the letter and said it would be sufficient.

Is it worth sending a copy of the letter as an attachment for redetermination or some other order or will it be too late?

I hope to challenge any and everything (not that it seems to do much good where I live!)

[cymruambyth]

Installments are not part of a court order, they are the agreement that the DJ hoped we could reach (but failed to state this in his judgement). Thisagreement was dated before the date the full sum had to be paid. The court had a copy of the letter and said it would be sufficient.

Is it worth sending a copy of the letter as an attachment for redetermination or some other order or will it be too late?

I hope to challenge any and everything (not that it seems to do much good where I live!)

 

Just an update, court have formalised the informal installment arrangements and payments have gone by SO prior to the date set by the court. Hopefully this will give me some bargaining whn they try for the CO.

[cymruambyth]

Thanks, I now have to worry about whether they have already applied for an interim CO and I haven't heard, but even if they have I have ammo.

[cymruambyth]

Is there a time scale for notification of an interin CO?

[cymruambyth]

Notification from whom?

 

The Land Registry will notify the owners of the application and are usually fairly quick about it.

 

Thank you, I have had a threat of one but have an installment order agreed with the court (post judgement )and a letter of agreement with the DCA, so I was wongdering if they could have applied for one before the installment order was agreed. Hope that makes sense; timings thus make it unlikely.

[cymruambyth]

I'm back ...... CCJ awarded, installments agreed with DCA (who also advised that they would be taking further enforcement action). Court application made and installment order in place; all payments made on time. CCJ is for just under £10,000, payments £40 pcm.

Letter from court to say case vacated and a new date given; phone court to say it's an interim CO application and that I probably shouldn't have been told by court and should receive papers from the DCA. Nothing had been received.

I will defend, is Mercantile v Ellis relevant even if installment order is new but complied with? Also property jointly owned, just my debt and other creditors etc.

Any suggestions greatly appreciated.

Thank you

[cymruambyth]

I do not know, I have had no paperwork. Would the court give me this information? The first 2 payments under the installment order would have gone out before the case came to court. Court was given evidence of their agreeing to installments but still going to go for further enforcement.

[cymruambyth]

Thanks for the link, I am trying to work out where we stand as we have a mortgage that will need renegoriating in the near future.

[cymruambyth]

Was the instalment arrangement agreed prior to their application for the interim charge?

 

The application for the interim charge was made the day after the variation order was made.

[cymruambyth]

I think it also depends on the sums involved and whether the instalment order was in place when the application was made

[cymruambyth]

The application for the interim charge was made the day after the variation order was made.

 

Would I still be able to quote Mercantile Credit v Ellis? Date has been put back which means 2 installments will have gone vis a vis court order, though extra earlier payments will have gone out.

[cymruambyth]

Then the Mercantile Credit case affirms the fact that the final CO should not be made.

 

Edit: Just seen your other post! Yup, that's your argument.

 

Thank you

[cymruambyth]

But what 'should' happen if the creditor accepts installments but states in the same letter that they will go for further enforcement. (The court subsequently makes an order for these installments)

[cymruambyth]

Hi sequenci

I'm just preparing my defence, can you please clarify this:

'Section 86(1) The County Courts Act 1984:

 

Where the court has made an order for payment of any sum of money by instalments, execution on the order shall not be issued until after default in payment of some instalment according to the order.

 

"This was further considered in the case of Mercantile Credit V Ellis in The Court of Appeal 1987. It was found that the wording of the Charging Orders Act states quite clearly that no further action could be taken without a default in payment. It should be noted, however, that in the case of Ropaigealach V Allied Irish Bank CA Nov 2001 where an instalment order is made AFTER an interim charging order has been made, a court has the jurisdiction to make a Charging Order final.'

 

My instalment order was made before the interim CO was made. Their application was going through at the same time but was not granted until several days afterwards."

 

As the 2 orders overlapped, but mine was made first should the Mercantile v Ellis argument be watertight; I assume that they will counter with Ropaigealach!

 

Thank you

[cymruambyth]

You've got it. You just need to prove that your instalments were in place prior to the interim application.

 

Instalments agreed on the day after the application for CO dated and therefore should be before or on same day as application received by court. Could the CO application have been prompted by my application for instalments of which the claimant would have been notified????

Edited April 27, 2011 by cymruambyth

[cymruambyth]

I have beem trying , without luck to find copies of Mercantile Credit v Ellis and Ropaighealach v Allied Irish Bank, can anyone please post links or point me in the right direction.

Thank you

[cymruambyth]

Thank you