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

Moderators: TalbotWoods, JaneClack

By Butts
#207902 I realise I may have made a mistake when Restons got a CO on my Property which is owned jointly with my wife.

They got a CCJ from the auto-court in Northampton and I applied for redetermination. As everyone knows the CCJ amount set by the auto court is at a ridiculous level (i think it was £400odd pm on a 12k debt.) After one month had passed and I failed to make the first payment at the set level they were able to apply for a an interim charging order before the redetermination hearing.

If I could have borrowed the £400 odd and made the first payment at the level set by the court it would have prevented them applying for the CO and I could have probably got it redetermined down to a sensible level or an installment order awarded before the second £400 became due.

If I get another CCJ this is what I am going to do - pay the ridiculous amount for one month and get it redermined down before the second payment becomes due. It's worth £400 in this case to prevent a CO being awarded.

Does anyone see any flaw in this "masterplan" :mrgreen:
By hopefull1
#207909 HI

Me and my husband are on a dmp and one of our crediors has taken us too court. We got the same as yourself a payment that we could have paid but would have been unfair to all the other creditors however we arranaged a redetermination hearing before the first installment and as the creditor didn't turn up at court the judge went in our favour and the order was made on our offer of payment. We have not defaulted on this but they are still taking us back too court to try and overturn this installment order to a forthwith to enable them to put a charge on we are gping to contest this for various reasons the main one being that our house is in negative equity.

We just have to hope that we get a fair judge as there is a case law that states no court should grant a charging order when an installment order has not been defaulted on.

Regards
By Butts
#207912 Hi Hopeful thanks for that.

You were lucky the Creditor didn't turn up in Court - I wish mine hadn't !!

Was the award at your hearing an installment order - if so as long as you make the payments set they shouldnt be able to get a Charging Order.

Was your CCJ issued by the Auto Court in Northampton or another one - you were lucky to get a redtermination hearing so quickly (before the 1st payment was due)

Ta :mrgreen:
By hopefull1
#207915 Hi

The original ccj ammount came from Northampton but we rang the local court as soon as we received it and it was then transferred to our local branch were it was dealt with. If you have put in a redetermination hearing within 16 days it automatically puts the ccj in dispute.

I hope they don't get a charging order but we will have too wait and see.

Regards
User avatar
By DuffNCustard
#207930 Restons are a nasty bunch - but they don't like it when you assert your rights . We have a redetermination on a CCJ coming up in about 2 weeks time - we think they'll be applying for a CO - but the courts have been given 'guidelines' within the last few weeks about repossessions and COs - so we'll see.
By Butts
#207936 Hi Duff - Your lucky they have not applied for an interim charging order already.

In my case the two were heard together and they got the CO and payments at the same level as the DMP.

Was the CCJ granted at the AUTO Court in Northampton ?

:mrgreen:
User avatar
By DuffNCustard
#207938 No - Reston's made the claim there but because it was partially defended it got transferred to our local court. The judge accepted the defence and granted the CCJ but NO interest. I don't know if they have applied for a CO - as there is a re-determination in 2 weeks to sort out how to pay we're expecting them to slap one in.