? Charge order against my home

[badger220987]

Hello again, I would like some advice please. I have ben making a token payment to my loan company of £1 (goodwill gesture) However, I today recived a CCJ and have completed the form asking for time to pay. I have been told by the company that this will be automatically followed by an order on my house for the outstanding debt of £5,400. I am so worried I am going to loose my home? I have been reading through the forums and am a little confused as: Can they put an order against my home if I do not miss any payments that the court ask for through this CCJ? I would be grateful if some one would clarify the situation. Also i have been advised many times to communiate with the CCCS and again would like anyones thoughts on this please? Clare

[postggj]

No No No

 

They Are Talking Rollocks

 

When And If You Get A Ccj.

The Court Will Tell You How Much To Pay Each Month,

 

As Thats All You Have Been Paying, Prob £1 Per Month

 

Only If You Default On Those Payments Can The Creditor Approach The Court And Apply For A Charging Order

 

 

Can You Tell Us A Bit About The Loan

Who The Creditor Is Would Help

[snowy101]

Hello again, I would like some advice please. I have ben making a token payment to my loan company of £1 (goodwill gesture) However, I today recived a CCJ and have completed the form asking for time to pay. I have been told by the company that this will be automatically followed by an order on my house for the outstanding debt of £5,400. I am so worried I am going to loose my home? I have been reading through the forums and am a little confused as: Can they put an order against my home if I do not miss any payments that the court ask for through this CCJ? I would be grateful if some one would clarify the situation. Also i have been advised many times to communiate with the CCCS and again would like anyones thoughts on this please?

 

 

Hi Badger

 

First of all i would remove your name from the end of your OP as a DCA may be able to guess who you really are, no point in giving them any clues.

 

I`m not that experienced but i don't think any court will grant them a charging order for five & a half grand so try to stop worrying [ easily said i know]

If you are asking for time to pay the CCJ & there by admitting the debt & have been making regular payments this will go in your favour. You will also have to fill out an expenditure sheet & return it to the courts. The judge will then look at WHAT you can reasonably afford to pay & make the judgment on your ability to pay, its in no one's interest to take your house from you [ only a greedy DCA] for my money its a scare tactic.

 

Someone with a better knowledge will be along shortly,

 

Your in the best place now so try not to worry

 

Good luck,

[badger220987]

It is a loan from tesco finance, I know this sounds silly but how will the courts know I have been making token payments? I have returned the expences form and it shows I have under £10 a month to play with. I did ring citizens advice bureau and they said that Once a CCJ has been issued, as the law has now changed and they can apply for a charge on your house without you having defaulted on the payments? She said the law had recently changed but i can find nothing to say this? C

[the_shadow]

Badger, have a read of this thread..

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/203298-guide-charging-orders-orders.html

 

As to the law change allowing them to go for a charging order, I didnt think it had, I was under the impression they've always been able to go for a forthwith order, its up to the judge to decide if it should be granted however.

 

S.

[postggj]

Ditto On That

[badger220987]

So when you say 'When And If You Get A CCJ' Does that means it will not just automatically happen now I have received the forms etc? What will the next step be? C

[postggj]

You Sent The Income And Expend Back To The Court

 

If So

 

The Court Will Now Decide Your Monthly Payments

[postggj]

Now Was This Tesco Who Started Court Action Or A Debt Collection Agency

 

ALSO

 

IS THIS A CCJ OR AN N1 CLAIM FORM

[the_shadow]

So when you say 'When And If You Get A CCJ' Does that means it will not just automatically happen now I have received the forms etc? What will the next step be? C

 

If you've admitted the claim and sent back the expense form then a court clerk will decide the amount of the repayment based upon the outstanding debt and your I&E forms.

 

If the claimant doesnt think its enough and from the sound of it (although it could be empty threats) they can apply for a notice of variation. This is where they ask a judge to re-consider at a hearing the payments either being upped or for a forthwith judgment and possible charging order to follow after.

 

If the clerk sets the repayment amount too high even after having your I&E then you too can apply for a variation order and ask the judge to lower the payment.

 

S.

[badger220987]

It has 'claim form' at the top and yes bottom left corner it says N1 CPC claiim form. The solicitor's are INCASSO LLP thanks in advance

[postggj]

Great

 

you Have No Ccj

 

Its A Claim Form

 

Give Me 5 Min

[the_shadow]

It has 'claim form' at the top and yes bottom left corner it says N1 CPC claiim form. The solicitor's are INCASSO LLP thanks in advance

 

who is the claimant? and was this issued via MCOL northampton bulk centre (court address)

 

S.

[postggj]

Incasso Are No More Than A Dca

 

Seems Its Been Given To Them

 

Did They Say They Were Solicitors

 

COBBETTS ARE THE SOLS FOR INCASSO

[badger220987]

The claimant is tesco pesonal finance and yes it is county Court Bulk Centre?

thank you

[badger220987]

Yes on the claim form is saysClaimant's solicitor and it has printed next to that INCASSO LLP I have no idea who they are?

[postggj]

You Have Not Sent Off To The Court That Time To Pay Have You

 

Do Nothing Until Advised

[badger220987]

Oh heavens yes I have, I sent what I had already sent Tesco's which was the income and outgoings and photo copies of all the correspondance to date plus the request for time to pay, as it said I was under a time limit to act. I hope this wasn't the wrong thing to do!

[the_shadow]

You Have Not Sent Off To The Court That Time To Pay Have You

 

Do Nothing Until Advised

 

Agree with this 100%

 

We need more info on the debt.

 

How old is the debt?

Do you have the paperwork (agreement?)

Did you receive a default notice, do you still have it?

 

S.

[postggj]

When Did You Send Off These Docs

[badger220987]

I have never received a default notice and I posted it about 2 hours ago!

[postggj]

Well You Have Time Now Before It Goes Any Further

 

I Take It Was Sent To Northampton County Court, Is That Corect

[badger220987]

no to the address they asked all responses to be posted to which was INCASSO in leeds?

[postggj]

Brill

 

Even Better

 

Being This Is From Northampton, You Can Acknowledge Service Online

 

Does It Give A Password On The N1 Claim Form

[badger220987]

yes there is a password