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Advice needed RE : court
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andyathers
Posts: 89 Forumite
Hello,
I am 40 years old. Myself and my wife have been on a debt management plan for a year now with payplan.We have 15 creditors and and all are ok so far. The only exception is Tesco loan.
They have chased us mercilessly via Incasso solicitors. They took me to court for a CCJ in may, this was granted and the payment figure was £26.60 the same amount as My plan with payplan.
They took me back to court in July to ask for permission to apply for a charging order, the judge did give them permission but would not be enforceable as long as payments were kept up. In that hearing incasso said I never made correct payments, but at the the time I didn’t take that in. The fact is they have always had the correct payments. So incasso are again taking me to court in September for an interim charging order.
The only problem I can see with payments is the CCJ was for £26.60 that was against me, but the loan is a joint loan with my wife, Payplan split the payment and sent £13.30 to Incasso( solicitors) and £13.30 direct to Tesco. Payplan said that in the future incasso could then take my wife to court and get a further £26.60 from her. So doubling the payments. Payplan have now changed there payments and sent the full amount to incasso( Tesco solicitors)
The house is in negative equity, we have young children, my wife has a disability, all other creditors are fine Is there any other defence I could make.
Thankyou Andrew
I am 40 years old. Myself and my wife have been on a debt management plan for a year now with payplan.We have 15 creditors and and all are ok so far. The only exception is Tesco loan.
They have chased us mercilessly via Incasso solicitors. They took me to court for a CCJ in may, this was granted and the payment figure was £26.60 the same amount as My plan with payplan.
They took me back to court in July to ask for permission to apply for a charging order, the judge did give them permission but would not be enforceable as long as payments were kept up. In that hearing incasso said I never made correct payments, but at the the time I didn’t take that in. The fact is they have always had the correct payments. So incasso are again taking me to court in September for an interim charging order.
The only problem I can see with payments is the CCJ was for £26.60 that was against me, but the loan is a joint loan with my wife, Payplan split the payment and sent £13.30 to Incasso( solicitors) and £13.30 direct to Tesco. Payplan said that in the future incasso could then take my wife to court and get a further £26.60 from her. So doubling the payments. Payplan have now changed there payments and sent the full amount to incasso( Tesco solicitors)
The house is in negative equity, we have young children, my wife has a disability, all other creditors are fine Is there any other defence I could make.
Thankyou Andrew
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Comments
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We are in the same position as you , we were taken to court on Friday by the same people . We won our CCJ ,but Incasso objected and took us back to court for a forewith .Yes they can still get CO's even if you have'nt missed any payments on a CCJ.
Incasso made mistakes by trying to get two charging orders for one debt , we told incasso this time and time again but they would'nt listen and they told us that our debts and payments had to be halfed which was wrong!
Luckily for us we had a great judge who was not happy about having to seperate meetings for me and hubby for the same debt , we were awarded our costs back they were granted a CO . No surprise there to us as we did expect it as it was for a very large amount .
We are a large family too so our home is our home and we don't see our house as a financial asset.
CQProud to be No. 61 in the DMP mutual support group.0 -
I am in the same position as yourselves with Incasso (nasty people). Had CCJ granted for 110 per month which I have paid without fail but want more money and a charging order on jointly owned property that is in neg equity and going through divorce proceedings. Waiting as they've asked for redetermination at a local court. Tesco would not accept reduced DMP payments, despite the fact my budget was within all other creditors guidlines, told me my childcare ( which enables me to work)was too expensive at £200 per month, what a joke!! Incasso are very nasty and use the courts for adminstering their bullying tactics. I hope for a nice human judge who understands that I am doing everything I can to repay.
Good luck!0 -
Mollyp , Fingers crossed you have a good Judge like us .Incasso do not listen they want their money and thats it . They did'nt agree with our CCJ and wanted £400+ a month from us ,i wish we had it ,but we don't so we have now a CO . But the amount we have been paying for the last year will stay at that until we can find some more money to pay towards the CO.Good luck lets us know how you get on.
CQProud to be No. 61 in the DMP mutual support group.0 -
Thanks for the replys,should i write to incasso / court with my objections, or wait until court day.thanks0
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Have you posted this on the consumeractiongroup forum? If not i suggest you do so under legal issues.
I'm sure i read there a while ago about judges granting CO's when payments to the CCJ hadn't been missed. There was legislation that was being drawn up but had not yet been passed and the judges were just putting it through as though the legislation was in place.
Don't know if you can appeal against the CO being put in place, but the CAG forum is where i would definately ask. Quite a few legal beagles over there that can hopefully help.
Good luckAfter falling off the gambling wagon (twice): £33,600 (24,000+ 9,600) - Original CC Debt: £7,885.91
Dad Gift 6k ¦ Savings & Inv Tst: £2,500
Loan 10k: £0 ¦ Dad 5.5k: £2,270 ¦ LTSB: £0 ¦ RBS: £0 ¦ Virgin £0 ¦ Egg £0
Total Owed: £2,270 (+6k) 11/08/20110 -
We pay £138 p/week for childcare0
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