Cabot/Restons undefended CCJ - now want interim charging order - help!!

[Cheekychubster]

In January 2015 I got a CCJ from Restons (on behalf of Cabot) for a credit card account.

 

 

On the CCJ paperwork from the court it says the creditor agreed to accept installments of £10 per month (total debt is £3000).

So it was an order to pay in instalments.

 

Restons have now sent me paperwork for an interim charging order and have applied to the court for a charging order on my property.

 

Can Restons use this hearing to try to increase my monthly payments or will the CCJ agreement of £10 per month still stand?

 

Installments are up to date.

 

Thanks

[SabreSheep]

HI there, I am moving your thread to Financial Legal Issues forum.

Hopefully you should get the advice you need there.

 

Regards

 

SS

[p3t3r]

The charging order acts as security for your debt.

 

 

It would appear that whilst charging orders can be used to force the sale of the property that they are seldom used.

 

Since you have made arrangements to repay the debt and are not in arrears with your repayments,

 

 

then I would question the reasons for them trying to get a charging order since they are likely to add this further expense onto your debt.

 

I don't think they can use the hearing to request increased payments and the CCJ agreement should still stand.

 

That is my understanding of this, maybe I am wrong! Hopefully others will provide you with more detailed advice.

[SabreSheep]

My limited knowledge says that only the court can change the agreement of monthly installments.

[dx100uk]

rectums and charging order can poss be batted away if you are cleaver.?

 

 

what the old debt all about

 

 

why did? you not defence the CCJ?

 

 

dx

[Cheekychubster]

Thanks for your replies.

 

 

The debt was a Halifax Credit Card account that I defaulted on.

 

 

It was passed around various dca before Restons took me to court for the CCJ on behalf of Cabot.

 

I did not defend the CCJ as I was naive and did not do my homework on sites like this!!

 

 

I admitted the whir amount and offered to pay installments of £10 per month which they accepted.

 

 

I have paid all installments due, but received the charging order paperwork yesterday.

 

Any advice of how to deal with this would be much appreciated!

[AndyOrch]

There is nothing you can do to stop the Interim Charging Order.....it is a fait accompli...to act as security as already stated.

 

You cant set a side as you have admitted the claim and made provision for installments.

 

Andy