Hoped not to be back, but sadly my problem has resurfaced.
My CCJ is 5 years old now and my creditor has applied for a charging order. I don't live in the property, my 78 year old Mother in law and her 95 year old sister do. I rent somewhere else. What are the chances of avoiding an order for sale?
Also, he has added 8% interest. I thought it had to be over £5000 to do this?
Thanks
Charging order
Re: Charging order
The interest runs for a maximum 6 years simple interest.
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A sale order is unlikely because the judge knows the burden of rehousing the occuoants will probably fall on the state. So it's not "conducive to public good" to sell the property.
Have you considered a variation? They cant enforce while a variation is in force
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A sale order is unlikely because the judge knows the burden of rehousing the occuoants will probably fall on the state. So it's not "conducive to public good" to sell the property.
Have you considered a variation? They cant enforce while a variation is in force
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deeplydebty
- Posts: 1
- Joined: 04 Dec 2013 21:30
Re: Charging order
Hi, thanks for replying so quick. Haven't really worked out what to do yet - just got the paperwork.
When the CCJ was issued, I applied to pay by installments, but the court refused it because the amount was low and it would have taken too long to pay, but I have lots of other unsecured debt and very little cash over each month.
It seems the interim order is granted straight away and proceeds to full without a hearing. Is it possible to ask for a clause to be added to prevent an order for sale due to the age of the in-laws?
When the CCJ was issued, I applied to pay by installments, but the court refused it because the amount was low and it would have taken too long to pay, but I have lots of other unsecured debt and very little cash over each month.
It seems the interim order is granted straight away and proceeds to full without a hearing. Is it possible to ask for a clause to be added to prevent an order for sale due to the age of the in-laws?
Re: Charging order
You will get a hearing date to apply to set aside the interim order and you can apply to vary the judgment, Complete a form N245 income and expenditure. If you are on a low income, then do an online claim for court fee remission and put the application reference number on the top-right of the N244.
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deeplydebty
- Posts: 1
- Joined: 04 Dec 2013 21:30
Re: Charging order
So, reading through the mass of paperwork properly, the interim charging order was granted on 18th April. This was served on me on 30th April and I got it Friday.
It says that I may request that the decision be reconsidered by a district judge within 14 days by filing at the money claims centre. Should I do this? It says if I don't then within 28 days a DJ or legal advisor will consider the application without a hearing.
Can you tell me on what grounds I would need to object, if any?
Thanks
It says that I may request that the decision be reconsidered by a district judge within 14 days by filing at the money claims centre. Should I do this? It says if I don't then within 28 days a DJ or legal advisor will consider the application without a hearing.
Can you tell me on what grounds I would need to object, if any?
Thanks