I have a Debt Management Plan in force paying all my creditors.Hillesden Securities Ltd purchase the debt of one of my creditors, rejected and refused the affordable payment for this particular debt. Hillesden Securities Ltd successfully applied for a CCJ and a charging order against my share of interest in our property. The court did not give me the opportunity to raise objection by not informing me of a hearing date. I have registered a complaint with Office for Judicial Complaints. I receive a reply saying I could expect to receive a progress report by 20th April 2012. It has also been suggested to me by the OJC to seek legal advice, hence this inquiry. What are my options and can you assist me with legal advice of how to proceed? RegardsA Farrell
Thanks for your question. Please remember to click ACCEPT once you get my answer.Did you file a defence?
The court did not inform me of a hearing date so I did not file a defence
The problem you have is this.When you receive a claim form you have 14/28 days in which to file a defence.On form N9 that you get with the claim form states you have a limited time to file a defence otherwise Judgment can be entered.So then the Claimant gets a CCJ. At this stage there is no hearing. It is by defaultYou then can apply to the Court to set aside the Judgment but you must show that you have a realistic prospect of defending the claim.The Court also expects you to apply for this relief promptly which is normally within 30 days of becoming aware of the claim.If you do not then can ask to enforce the claim.The Claimant has chosen by charging order.However based on what you have said the Court have followed the approved steps.Your only choice is to apply to set aside the CCJ. But you need to explain reasons for the delay and that you have a defence.If you are saying they wont accept the payment plan - that is not a defence. There must be a defence to the principal debt.I am sorry if this is not the answer you are looking for but based on what you have said and the time limits applied by the Court, this is the legal position. Please remember to click accept so that I am credited for my time. Thank you.
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