order of recovery + charging order for legal aid costs ......help!

[jason987]

Hi

Thanks for that so is it a CCJ as I may have to borrow £3000 as I can only get £5000 now and the CCJ will stop me borrowing to pay it off ...

 

Do you know if I have to go to court to make the payment as I only have the letter shown and a address for the solicitor ..

[AndyOrch]

No its an order of recovery....which allows a charging order to be placed/secured ...you don't have to attend...you dont have to pay it in one lump sum...as it was awarded on the 15th Sept.You may receive further paperwork from the Land Registry to confirm the Restriction.

 

This secures the outstanding debt and any interest....as stated above it may be wise for you to approach the Solicitor and thrash out an affordable payment plan...longer you ignore it the more you will owe.

 

Andy

[jason987]

Thanks Andy

 

I have got a letter from the land registry in the letter today from them it's a B136(co)

 

Application to register a restriction

 

So had this decision been made or had it got to be made in court on the 23rd Nov ?

 

I have a sheet which says interim charging order n86

 

The application will be heard at 2 pm on 23rd November 2015 at the county court when a judge will decide whether the charge created by this order should continue ( with or without modification) or should be discharged .

[AndyOrch]

It will be finalised on the 23rd Nov.....but if you can come to a payment arrangement in the meantime and evidence this to the court...he may well discharge it.

 

I do not know your financial circumstances Jason and what you can afford to pay...but if you are struggling I wouldn't borrow to pay it ...but I would arrange an affordable payment plan.

 

If you have not done anything by the court date it will be rubber stamped...and the charge will stand until you pay it back.

[jason987]

Ok thanks is it ok to contact the solicitor over the phone or not as if it comes to it I will have to go to court to fight my side and see if I can setup a payment plan ...

[AndyOrch]

Contacting the Solicitor is exactly what you should do...preferably by telephone...get an informal agreement to pay and then ask they put it in writing.......this will be good brownie points for the court.

 

The hearing of November will be nothing to do with payments...its simply to decide to finalise the Interim Charge or discharge.

[jason987]

Hi

 

I contacted the solicitor today..

 

Basically he said two choices pay before 23rd nov and all dropped or it goes to court and the charge will stand ...

[AndyOrch]

So no payment plan ? Keep the details for the hearing and tell the court your offer and that the Solicitor rejected it.

 

Andy