I contacted the Court today who have suggested I write a letter to the Judge, as they feel Funding Corp will go for charging order, yet this would be a joint charging order with my ex husband who has never lived at my current address and has not financial input into this property, as I own it with my new partner.

Can anyone advise on this?

Thanks

Hi izzeybell.

Not fully sure on the court papers you have received or of your position regarding your CCJ from the info you have supplied.

If you are requesting redetermination you may need to submit an N244 not an N245, please note there are a number of issues surrounding determination & applying for redetermination, for example was the original determination made by a court officer or a District Judge, was there a hearing?

Taking the above into account my advice would be that you visit your local CAB or Advice Agency taking all your court letters/papers and any other relevant info, they should be able advise and help you with the correct procedure. Alternatively you could telephone one of the free advice agencies such as CCCS, having all your papers and other info ready when you make your call (also have a pen & paper ready) and again they should advise you on the right procedure (make sure these are done within the time limits)

Any of the above agencies should also be able to give you advice on Charging Orders if this is applicable to you.

If applicable the N244 court forms should be available to download off the court website already mentioned or you should be able to obtain one from your local advice agency or county court (there may be no court fee payable here in some circumstances)

Hope this helps.

Pincer.

Its says after Determination, I have been making monthly payments to them through my DMP. What happens with a charging order?

I am about to send out my N245.

Hi izzeybell

Just read your post and was wondering, did you complete and return your original judgement form (N9A) within time (with offer of payment) or have you been issued with a a judgement by default ? (this can happen if you dont return the original form on time or you make a nil offer).

As Stedxxx rightly says you should complete and send an N245 variation form and the fee, you may be exempt from this fee if you are on a low income or receive certain state benefits, if so you will also need to complete and send an ex160 court form and include the required proof of income (always check time limits on any proof of income you send) see the courts service website as posted by Stedxxx. Also you may wish to consider sending your forms by recorded delivery, lets say, just to make sure they arrive.

BE CAREFUL with Court Judgements if you have a property as defaulting on payments (even one payment) may lead to your creditor applying for a charging order. Also some creditors request the courts to make judgements for immediate payment simply so that they can apply straight away for a charging order.

If you are not sure about anything get advice (before any time limits expire) from your local CAB or another recognised advice agency.

Pincer.

yes you send it back to the court where it was issued and you need to make an offer you can afford and be able to back the offer up with a financial statement showing your income and expenditure. (send back with the N245)

The name won't make any difference just make sure it is obvious on the documentation that you have changed your name.

As long as the offer is all you can afford then you should have no problems

Good luck and I hope this helps

Do I send it to the court who issued the judgement? Also is it likely to be accepted?

The CCJ is not in the name I use does this make a difference?

Thanks

You will need to fill in an N245 variation order to pay in installements you get get these from the court website

http://www.hmcourts-service.gov.uk/

I think it costs around £35 to process. You will need to do this ASAP before any further action is taken.

Please help!

I have recently been issued with a CCJ and the claimant rejected my offer and is now wanting full payment within 15 days want do I do? I am really worried as they threatening enforcement.

I rang the court and they were really unhelpful!

Thanks