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Charging Order Dismissed
coochycoo_2
Posts: 15 Forumite
Hello Guys and Gals
Well its been a while since I have posted. We are still in a dmp and still chipping away at them there debts.
Fab news........we went for the final hearing yday re the charging order for £12k we owe nationwide - shoosmths were handling. It had been a steep learning curve for us tbh. We have been paying £56pm off this debt through payplan. Then in January they said no we are going for a ccj to get more and we will go for a charging order too. Next thing we know shoosmiths do not declare they had our form, so the court orders a forthwith order and an interim charging order is placed on us. Honestly I could not beleive it we were lodging redeterminations and on the phone to payplan but to no avail. No defaults or anything. Shocking and underhand.:eek:
So we went to court for the full hearing last month. Shoosmiths solicitor said there had been no change in the debt. We stated yes there has we have paid 11 instalments through our dmp with payplan. The judge adjorns and orders shoosmiths to provide a list of payments received by creditors from us, case law supporting their request and we ask for costs not to be awarded which the judge suspends until the next hearing. _pale_
So yday we were back in court, shoosmiths only provided judge with payments received since they have been involved since Jan 08! Trying to indicate we have not been paying up! We informed the judge we had never defaulted and had paid into our dmp every month. Also case law states charging orders are discretionary and so the judge dismissed the claim stating we had gone to strenuous efforts to pay our creditors, there had been no defaults therefore no charging order would be granted. Also he did not award costs. Yeashhhhh.:T
Oh btw do not use this is unfair to my other creditors routine cos he was not having none of it, thats the only time the judge got shirty with us.
Hip hip hoorah. Result!:j
We have ben so stressed out that we have not really celebrated that we have done it. Maybe it will sink in soon! We know that theres probably more poopy stuff around the corner but hey we won this battle.:beer:
So keep the faith my friends.....do not be bulldozed and go in there and stand up for yourself. We were nervous as hell which the judge could tell and probably went in our favour.:D
Well its been a while since I have posted. We are still in a dmp and still chipping away at them there debts.
Fab news........we went for the final hearing yday re the charging order for £12k we owe nationwide - shoosmths were handling. It had been a steep learning curve for us tbh. We have been paying £56pm off this debt through payplan. Then in January they said no we are going for a ccj to get more and we will go for a charging order too. Next thing we know shoosmiths do not declare they had our form, so the court orders a forthwith order and an interim charging order is placed on us. Honestly I could not beleive it we were lodging redeterminations and on the phone to payplan but to no avail. No defaults or anything. Shocking and underhand.:eek:
So we went to court for the full hearing last month. Shoosmiths solicitor said there had been no change in the debt. We stated yes there has we have paid 11 instalments through our dmp with payplan. The judge adjorns and orders shoosmiths to provide a list of payments received by creditors from us, case law supporting their request and we ask for costs not to be awarded which the judge suspends until the next hearing. _pale_
So yday we were back in court, shoosmiths only provided judge with payments received since they have been involved since Jan 08! Trying to indicate we have not been paying up! We informed the judge we had never defaulted and had paid into our dmp every month. Also case law states charging orders are discretionary and so the judge dismissed the claim stating we had gone to strenuous efforts to pay our creditors, there had been no defaults therefore no charging order would be granted. Also he did not award costs. Yeashhhhh.:T
Oh btw do not use this is unfair to my other creditors routine cos he was not having none of it, thats the only time the judge got shirty with us.
Hip hip hoorah. Result!:j
We have ben so stressed out that we have not really celebrated that we have done it. Maybe it will sink in soon! We know that theres probably more poopy stuff around the corner but hey we won this battle.:beer:
So keep the faith my friends.....do not be bulldozed and go in there and stand up for yourself. We were nervous as hell which the judge could tell and probably went in our favour.:D
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Comments
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Oh great news....it must be a huge relief to both of you. Once it has sunk in you will be able to celebrate in true DFW style
YOUR = belonging to you (your coat); YOU'RE = you are (I hope you're ok)
really....it's not hard to understand :T0 -
Well done on that.It's nice to hear when something goes the right way for a change.Let the celebrations begin but definitly DFW style:beer:Sooooo deep in debt.At my age I should have known better.
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great news is always welcome! It starts my day off beautifully. well done.For what I've done...I start again...And whatever pain may come ...Today this ends... I'm forgiving what I've done -AF since June 20070
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New to this Board, but wanted to say well done you! Having bad debt is so stressful and I'm glad you have something to feel pleased and relieved about.
Yay!I must go, I have lives to ruin and hearts to break
My attitude depends on my Latitude 49° 55' 0" N 6° 19' 60 W0 -
Well done.:j
Just goes to show that if you put your case then you will normally get a decision that is reasonable and fair on you (eventually). Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB
IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed0 -
So happy for you both! Great news!:j . Great to have some faith restored in the legal system....victory to the common people:beer: Long Hauler No: 51
DMP Mutal Support Thread No: 207
Proud to be dealing with my debts
DFD - June '13, aiming for December '120
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