Questions and Info relating to Property Issues inc, Charging Orders and Repossession

Moderators: TalbotWoods, JaneClack

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By JaneClack
#461763 I am sorry I shoudl have explained more clearly.

You send off an N245 now - you should get a remittance if you fill in an EX160 as you are on jobseeker's allowance so you should not have to pay the fee. However, you need to get this started as soon as possible showing that you can only make a token payment.
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By TalbotWoods
#461783 Hi Liz

Treat the CCJ and the CO as two separate things.

Let me explain

The CCJ is what the N245 is for, as the repayment rate is set in connection with that and that only. The CCJ is part that needs to be altered, so it is this that must be varied.

The CO normally ONLY converts an unsecured debt, with a CCJ to a secured debt with a CCJ. As Sarah has said, at the CO hearing the judge may decide to deal with the CO only (and that is quite common). You are within your rights to inform the Judges that you are applying for a variance on the CCJ by way of a N245, due to your current unemployment.

To reinforce this a wee bit more, it is rare but not unheard of, for a Judge to allow you to answer three questions only.

Are you xxxxx?
You are aware that a CCJ exists for a debt you have?
Do you own the property, either one you own or with others?

They may only allow you to answer Yes, and then immediately issue the CO, without any interaction by YOU or the creditor.

A good judge will allow you to make requests such as that the judge stipulate in the judgment that no interest etc be added. You could also suggest that they direct that no order for sale be made unless repayment agreement defaulted on.

A VERY good judge may allow you to explain your financial situation, but they CANNOT change the repayments, as that can only be done by the N245 route, but they can direct the creditor to allow you time to submit the necessary paperwork for the variance.

Now there are a LOT of people with COs, and the best advice is to make sure the repayment is as sustainable as possible, that is at a rate you can afford and keep on affording. I know several people who have had COs in place, then varied via N245 to get the payments down to £1 a month, and as long as they pay that then there is noting the creditor can do, as YOU will be complying with the repayment set by the court AND complying to the terms of the CO.

For some this can be a win win situation

Tim
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By TalbotWoods
#461813 You can download the relevant forms that you need

The N245 (Application for suspension of a warrant and/or variation of an order) can be found here:

http://hmctsformfinder.justice.gov.uk/c ... 45-eng.pdf

You must send this to the court that awarded the the ORIGINAL CCJ, however some courts are accepting and dealing with Northampton Issued CCJs, please contact your local court to seek further advice


As you on unemployed or on low income, you can also apply to have the court fee remitted (reduced or for free), then please complete the EX160 linked below

The EX160A (Court Fees – Do I have to pay them?) Guidance and the EX160 Form (Application for a fee remission), can be found here:

http://www.justice.gov.uk/downloads/for ... upto-6.pdf

This is sent to the court that will deal with your application, if you have already paid you can use this to claim a refund of fee's paid


Tim
By liz399
#461853 Thank you so much you have explained everything very well I will up date you tomorrow thanks again I really appreciate your time.
By liz399
#461923 Well glad that over with to be honest it was a complete waste of time me being there the judge didn't even look at me. Told him about applying for a veriation to the ccj and asked about it the interest can be stopped but he said he could do anything about the ccj and the interested couldn't be stopped as its standard. I feel the stress of going wasn't worth the same out come if I didn't go . I must have been just unlucky
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By TalbotWoods
#461933 Definately sounds like you had a by the book judge.

Now to get the N245 sent ASAP
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By JaneClack
#462353 If the debt was regulated by the Consumer Credit Act then statutory interest cannot be applied but if the creditor said they would be asking for interest after judgment in the initial terms and conditions and asked for it to be applied after judgment on the claim form then they can ask for that.

If it is a debt that is not regulated by the Consumer Credit Act then they can add statutory interest - which is less.

However, the judgment debt is what the charging order is on - not with the addition of interest. So if you ever sell the house then you must ensure you let your conveyancer know as the jdugment debt is what is secured. This does not mean the interest disappears but they would have to take you to court again to get it and so far this has not happened.

Although this is horrid it is perhaps good to reflect that this creditor - if you had owed them more than £750 could have applied to make you bankrupt. A charging order is much better in these circumstances.