Can a claimant reject a court granted varied payment

[nativestranger]

I recd a ccj and applied to the court to vary the order

 

the court has said that I can pay the amount I offered on a monthly basis but the claimant i.e. Hanringey council say they would not accept this.

 

They have written to my mortgage lender that they would take legal action.

 

Can they still do this despite the court saying I can pay monthly.

[dx100uk]

yes a claimant can reject the variation order if they think it's too low.

 

what the council CCJ all about, why didn't you defend it??

 

dx

 

[BankFodder]

In the meantime make sure you pay the ordered amount without fail so that you are abiding by the order

[nativestranger]

I am a lease holder and the payment is for a sinking fund which is for repairs/renovation that the council will or might carry out on the property. The full amount is £17000 but paid annual instalments of £1000+. I have been making regular payments until I lost my job.

 

I am now on a very low income and have other debts, including mortgage arrears, credit cards, that I am trying to pay for not to mention utility bills etc.

 

Before the council applied for the ccj I made an offer of £25 but it was rejected.

I then recd a ccj asking me to pay the full amount including court costs.

 

I applied for varying the order and it was granted that I can pay the amount I initially offered the council. 

Well, I cannot pay it at the moment, even the £25 is difficult but cutting back on food, I'm hoping to put the money towards paying the order.

 

Until I became unemployed, I have always paid all my bills and was never in any debt.

I thought the council will take that into account.

But no!

 

what can I do now that they will be taking further legal action.

[dx100uk]

sinking fund?

 

why did you not defend/contest the CCJ, when was it?

 

 

 

[nativestranger]

I am currently working as supply teacher and couldn't go to court to defend it; if I take time off I will not be paid (paid daily).

i had already admitted that I owe the money, so i didn't really think that they will accept my defence and also everything happened so quick.

 

i need advice as to what to do next as they are seeking further legal action and they have written to the building society, my mortgage lender, who have written to me saying that I need to pay it as the council can force me to sell. 

[dx100uk]

they cant force a sale without a charging order

are you the sole mortgagee?

or is it jointly owned?

 

admitting you owe the money, doesn't by default mean you should not have defended, neither does the fact you wouldn't have been able to attend and defend it in person.

 

so why are you liable to pay this 'sinking fund'?? to the council...

how have they gotten you over a barrel owing this in the first place??

[AndyOrch]

Thread moved to General Legal Issues Forum.

 

Andy

[fletch70]

£170,000 that is one hell of a fund and you would never pay it off at 1000 a year. How did it get do high?

[dx100uk]

£17k...

[fletch70]

My mistake , I do think the OP needs some legal advice because leaseholds can be funny things with forfeiture clauses.

 

Are you managing to pay the service charges now?

How much does this include for the maintenance fund?

Is there any chance of the leaseholders forcing a sale of the freehold, that way any money in the maintenance fund would have to come with it. 
 

I appreciate not all freeholders can be forced to sell but many can.