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  • how much to offer as full and final .

    A debt is a charge on the house its roughly 5500 we think as we never get an annual statement , we just pay 5 a month as ordered by the court , but as our debts are nearly SB (5 days) then we are thinking of saving some money up and offering this as a full and final payment .

    Its just knowing what to offer drysdenfairfax .
    _______________________________________




  • #2
    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

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    • #3
      Originally posted by Spent2much View Post
      A debt is a charge on the house its roughly 5500 we think as we never get an annual statement , we just pay 5 a month as ordered by the court , but as our debts are nearly SB (5 days) then we are thinking of saving some money up and offering this as a full and final payment .

      Its just knowing what to offer drysdenfairfax .

      If the Judgment Creditor (who is it?) has a charging order on your property they may lack motivation to settle the debt at a reduced sum when they believe they can collect the full amount when the property is sold one day.

      Is this a Restriction (if the house is jointly owned but the debt belongs to only one person)?

      And do you have any plans to sell the house or apply for a remortgage at any stage?

      Di
      Legal Disclaimer

      I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

      Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

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      • #4
        Originally posted by Diana Mayhew View Post


        If the Judgment Creditor (who is it?) has a charging order on your property they may lack motivation to settle the debt at a reduced sum when they believe they can collect the full amount when the property is sold one day.

        Is this a Restriction (if the house is jointly owned but the debt belongs to only one person)?

        And do you have any plans to sell the house or apply for a remortgage at any stage?

        Di
        Hi, I've never understood the charge on the house thing, its a joint mortgage so I'm guessing it s restriction as the debt is my husbands. We definitely plan to sell asap as we are both now 53 and 55 and we need to down size as the house is far too big and the mortgage is on interest only as we cannot afford to repayment . So we are going to sell within the next few years and if possible buy cash or try and get a small mortgage with a big deposit on another house . This is why we want to pay this debt off with a reduced offer if possible .

        Thanks
        _______________________________________



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        • #5
          Ah! so it is not a joint restriction = good , then they cannot prejudice you as not yours, a good solicitor would know that the sale can go thru subject to them informing any creditor, sure others will respond and inform further??
          I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

          If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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          • #6
            Diana Mayhew
            I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

            If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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            • #7
              Originally posted by Spent2much View Post

              never understood the charge on the house thing, its a joint mortgage so I'm guessing it s restriction as the debt is my husbands.

              Who is the Judgment Creditor as some are more open to negotiation than others? If you make a F & F offer then they are likely to sense you have a reason (such as house sale or remortgage) since you say you're only paying 5 per month.

              It might also prompt them to make an Application to Vary the CCJ to increase those monthly payments.

              You've not said how/why your husband got the CCJ which lead to the Restriction. Was it a Default Judgment because he didn't receive the claim (so a set aside was a possibility but needs to be done promptly) or did the case go to court and the Claimant won after a Hearing/Trial? And when/what year was all this happening?

              If it's a Restriction then in theory you/your husband is are obliged to inform the Judgment Creditor of the sale not pay them the amount outstanding (depending on the wording of the Restriction).

              In practice it's not as simple as that as very few conveyancing solicitors will agree to co-operate on this point.

              We recently had a client with two Restrictions at the time their house sale was completed. She didn't pay them with our help - much to the disappointment of the solicitors acting for the debt purchaser

              However keep in mind that even if you don't pay the debt when you sell, they can still use other enforcement measures to get their money such as bailiffs, Attachment of Earnings or even bankruptcy although in the case of the latter the debt would need to be 5k or over so paying it down (to below 5k) could prevent that.

              Take your time thinking through your strategy before you approach them.

              Di
              Legal Disclaimer

              I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

              Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

              Comment


              • #8
                Originally posted by Diana Mayhew View Post


                Who is the Judgment Creditor as some are more open to negotiation than others? If you make a F & F offer then they are likely to sense you have a reason (such as house sale or remortgage) since you say you're only paying 5 per month.

                It might also prompt them to make an Application to Vary the CCJ to increase those monthly payments.

                You've not said how/why your husband got the CCJ which lead to the Restriction. Was it a Default Judgment because he didn't receive the claim (so a set aside was a possibility but needs to be done promptly) or did the case go to court and the Claimant won after a Hearing/Trial? And when/what year was all this happening?

                If it's a Restriction then in theory you/your husband is are obliged to inform the Judgment Creditor of the sale not pay them the amount outstanding (depending on the wording of the Restriction).

                In practice it's not as simple as that as very few conveyancing solicitors will agree to co-operate on this point.

                We recently had a client with two Restrictions at the time their house sale was completed. She didn't pay them with our help - much to the disappointment of the solicitors acting for the debt purchaser

                However keep in mind that even if you don't pay the debt when you sell, they can still use other enforcement measures to get their money such as bailiffs, Attachment of Earnings or even bankruptcy although in the case of the latter the debt would need to be 5k or over so paying it down (to below 5k) could prevent that.

                Take your time thinking through your strategy before you approach them.

                Di
                The original creditor is virgin , hubby never got a CCJ we have no knowledge of a CCJ and so if it had to go to a CCJ before a charge then he never got the chance to defend it , virgin just passed it to a dca who got Eversheds to go for a restriction on the house I used to think it was a charge I don't understand it . but what did happen we were using a different DMP before coming here and the offer we sent Eversheds who refused payment so that then gave them the opportunity to go for a court judgement , its so long ago this happened back in 2007 , think about 4 years ago we got the judge to lower the payments down to 17 a month but business was very bad so hubby asked the judge to lower it once again we thought he would lower it by a few quid but he lowered it to 5 a month, he said if we didn't keep up with the payment he wouldn't be able to stop any sale by the creditor, not long after the charge was issued the debt was passed onto DrysdenFairfax who phoned my husband and told him that if ever he was in a position to offer a full and final they would consider it .
                _______________________________________



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                • #9
                  in order for a charging order a CCJ must have been obtained?|
                  I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                  If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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                  • #10
                    Originally posted by The Tech Clerk View Post
                    in order for a charging order a CCJ must have been obtained?|
                    So it was obtained and my husband didn't get informed , sneaky that .
                    _______________________________________



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                    • #11
                      you saying never received a N1 court form notice of proceedings if not the a N244 set aside application could be the way forward>>?? Diana Mayhew
                      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                      If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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                      • #12
                        Originally posted by The Tech Clerk View Post
                        you saying never received a N1 court form notice of proceedings if not the a N244 set aside application could be the way forward>>?? Diana Mayhew
                        as far as we know we never ever received a notice of a ccj or we would have challenged it , it seemed eversheds just refused payment so it put the account into arrears then they got a charge or restriction on the house.
                        _______________________________________



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                        • #13
                          did you get the Form N1 initially stating county court


                          I.e:- [IMG2=JSON]{"data-align":"none","data-size":"full","src":"https/\/www.gov.uk\/government\/uploads\/system\/uploads\/attachment_data\/file\/688394\/thumbnail_n1_cc_-eng.pdf.png"}[/IMG2] Claim form
                          I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                          If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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                          • #14
                            Originally posted by The Tech Clerk View Post
                            did you get the Form N1 initially stating county court


                            I.e:- [IMG2=JSON]{"data-align":"none","data-size":"full","src":"https/\/www.gov.uk\/government\/uploads\/system\/uploads\/attachment_data\/file\/688394\/thumbnail_n1_cc_-eng.pdf.png"}[/IMG2] Claim form
                            No not that i recall . Looking at that form no we never because i can remember receiving one of those forms for my debt with a store card , and it originally said to pay 1 a month but payplan told them i would pay 3.89 not important here but that's what jogged my memory as there was no from sent for the virgin credit card debt to say it was going for a CCJ i would remember it as I would have put on it to pay 1 from what we know now .
                            _______________________________________



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                            • #15
                              N244 form see what others say Diana Mayhew
                              I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                              If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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