Arrow Not Accepting Payments on CCJ

[AndyOrch]

Too late now....should a Charging Order be raised as a result of the CCJ ...it will only be to rubber stamp it...its purely as security on the judgment amount...a Charging Order does not have a financial value.

 

Regards

 

Andy

[dx100uk]

there you go ...the answer

 

i'd still ge treclaiming mind

get lots of pennies to pay it off with

 

dx

[AndyOrch]

there you go ...the answer

 

i'd still ge treclaiming mind

get lots of pennies to pay it off with

 

dx

 

Absolutely DX but as a separate claim.

[Chickenlegs]

Thanks andyorch and dx for your comments, they are very much appreciated BUT unfortunately, you haven't answered my question. Surely there must be something I can do to stop them putting a CO on my house?? I don't want it and most certainly my OH doesn't want it.

 

rgds

CL

[Ganymede]

Hi all,

Need some advice please.

 

Had a CCJ for a credit card debt (under £5,000) granted against me last December 2013.

 

I pay Restons for Arrow Global. Payments of £5 a month were accepted and I have been paying regularly.

 

I always obtain a Certificate of Posting when sending it off each month as well.

 

Suddenly,

I have received a letter from Restons saying they are applying for a Charging Order

because it would take too long to pay off the debt at the current rate!

 

Can they do this as I have been paying regularly?

 

Regards

Chickenlegs

 

A Claimant no longer needs to wait for a default in instalments before applying for a Charging Order, it can be applied for even if payments are up to date.

[Ganymede]

I've been reading up on here about Charging Orders and see that sequenci wrote a guide to Charging Orders in 2009 which included the following statement:

 

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.

 

Well I haven't defaulted so I'm wondering if this guide is still relevant?

CL

 

That information is out of date.

 

The law was changed in October 2012 and now there doesn't need to be a default in payments.

[dx100uk]

sorry if this has been asked already

 

is the house in joint names.

 

dx

[sequenci]

I've been reading up on here about Charging Orders and see that sequenci wrote a guide to Charging Orders in 2009 which included the following statement:

 

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.

 

Well I haven't defaulted so I'm wondering if this guide is still relevant?

CL

 

Hi there,

 

It really depends. If an instalment order was in place before 1st October 2012 then yes - the court should prevent the order from being made final. For any judgments after that date, a court can make the order final regardless of instalments.

 

I *will* update the guide soon.

 

Edit: Just seen Gany has responded already. Thank you squire.

[Chickenlegs]

Thanks Ganymede for the update but really didn't want to hear that!!

 

To answer your question dx, yes the house is in joint names.

 

So what do you think my next course of action should be? What happens with a Charging Order - do I get a chance to object?

 

rgds

CL

[AndyOrch]

Yes the house is in joint names.

 

So what do you think my next course of action should be? What happens with a Charging Order - do I get a chance to object?

 

rgds

CL

 

No afraid not..... but it would only be a restriction as your property is jointly owned and that restriction would be on your share of the property.

 

Means very little in reality and only secures the judgment.

 

Regards

 

Andy

[sequenci]

I agree with Andy above.

 

You could try and object to the charge by writing to both court and creditor at least 7 days prior to the hearing with your objections. In reality it's likely to be pointless as I've never ever come across such a challenge succeeding. You may wish to ask for conditions at the hearing to prevent an order for sale being possible so long as you stick to an affordable instalment arrangement. Do take an income & expenditure form to the hearing.

[AndyOrch]

I cant see an OFS ever being granted on a restriction Seq but by all means request conditions.

[sequenci]

I cant see an OFS ever being granted on a restriction Seq but by all means request conditions.

 

We've seen it before. A few times. It's rare but possible. Equity follows the law and all that. I will add that these cases were in relation to charges arising out of very large business debts and *not* credit debts. I've never ever seen it with a credit debt.

[Chickenlegs]

Sequenci thanks for your input but this is frightening the life out of me.........an Order for Sale??? What?? The amount is less than £5000 so they won't even get interest on it will they? How can they force us to sell our house for such a small amount?

 

I would also like to add that we are OAPs in our 'twilight' years. Surely a Court wouldn't put us out on the streets?

 

rgds

CL

Edited July 9, 2014 by Chickenlegs
adding more text

[sequenci]

You won't see an order for sale. They are incredibly rare.

[Chickenlegs]

Hope those aren't 'famous last words' sequenci!!

 

I wondered if I could offer to pay a bit more each month if that would stop the CO being applied for. Do I have to write to the Court and offer more or the dreadful Restons?

 

rgds

CL

[sequenci]

The charging order is very likely to happen, sadly.

 

If you don't believe me regarding the CO stats you can find them on the Ministry of Justice website

[Chickenlegs]

Sequenci, of course I believe you!! Thanks for your input.

 

Perhaps you would help me make a decision : if someone offered me the money to pay off this debt, do you think it would be better to do that before a CO is applied? If it were you what would you do?

 

rgds

CL

[sequenci]

Potentially, as you may be able to broker a discount - this is commonly known as a full & final settlement. These are way more difficult to obtain once the charge has been made final

[Ganymede]

Sequenci, of course I believe you!! Thanks for your input.

 

Perhaps you would help me make a decision : if someone offered me the money to pay off this debt, do you think it would be better to do that before a CO is applied? If it were you what would you do?

 

rgds

CL

 

Unless you plan on a massive increase on the payments you currently owe then I can't see the Claimant holding off on a Charging Order.

 

A Charging Order is very, very rarely enforced by way of an Order for Sale and will most likely just sit registered against your property.

[Chickenlegs]

Thanks for the input sequenci and Ganymede,

 

I have a question for you knowledgeable guys out there and, as I don't know how a CO works, my questions will probably seem stupid to you.............please bear with me!

 

The letter I received from Restons implies that I will have to continue paying the CCJ even when the CO has been made final. This surely isn't right? I would have thought that the CO would be for the specific amount that I owe - so if I'm still paying it off each month the amount is decreasing monthly! Does the CO decrease with the payments then?

 

Rgds

CL

[sequenci]

The CO will decrease with the payments. What you should do at the hearing is get the judge to formally agree the level of instalment as it would be set in stone then. Restons would need to apply to the court to change it, and this would be difficult to acheive unless they could prove that your circumstances have improved.

[Chickenlegs]

Oh, I can attend the hearing then? I hadn't realised that. I thought it was a procedure that I would be informed about when it had been decided!

 

The CCJ has the monthly instalments on it which, presumably can only be changed on application to the Court? Its reassuring to know that the CO will decrease as I pay.

 

I am thinking of writing to them re a full and final settlement. I can't find the letter template for it though. Can you point me in the right direction please.

 

rgds

CL

[sequenci]

You'll find a great fact sheet on Charging Orders and F&F Settlements on the NDL website: https://www.nationaldebtline.org/EW/information/fact%20sheet%20library/Pages/default.aspx

[AndyOrch]

Thanks for the input sequenci and Ganymede,

 

I have a question for you knowledgeable guys out there and, as I don't know how a CO works, my questions will probably seem stupid to you.............please bear with me!

 

The letter I received from Restons implies that I will have to continue paying the CCJ even when the CO has been made final. This surely isn't right? I would have thought that the CO would be for the specific amount that I owe - so if I'm still paying it off each month the amount is decreasing monthly! Does the CO decrease with the payments then?

 

Rgds

CL

 

A charging order has nothing to do with a financial value...its merely a procedure (Court Order) to secure the judgment amount.So if you did make a F&FS or continue to make payments its the CCJ (Judgment) that is affected not the charging order.