Page 1 of 1
Posted: Mon Nov 10, 2008 9:32 am
by sdc83
my ex employer has a ccj against me for £2800.00 ( my overdraft plus costs) they are now trying to put a charging order against my home - what can I do to prevent this happening
Posted: Mon Nov 10, 2008 10:52 am
by MelanieGiles
Hi there and welcome to the forum
The obvious answer is to pay the debt - but I imagine that is not possible for you at present. Have you tried to come to some arrangement with your ex-employer to pay it off by monthly instalments?
Do you have any other debts, or just this one?
Posted: Mon Nov 10, 2008 10:56 am
by go_4_broke
Apply to the Court for a determination so you can pay the Judgment by installments. As long as you keep up the payments they can't get an Order.
Posted: Mon Nov 10, 2008 3:03 pm
by liberta
Hi and welcome from me too.
Your ex employers will need a County Court Judgement before they can apply for a charging order. Do they have one already?
Also do you have any other debts? What is the level of equity in your home? Is the property owned jointly with someone else?
Depending on the answer to these questions you may have a good argument to put to the Court as to why a charging order should not be granted e.g.
Unfairly prejudicing your other creditors
Unfairly prejudicing the joint owner of the property.
Will be able to advise you better if we have more details.