court hearing - help

gazmona · 19 September 2008 at 2:18PM

sorry this is a long one and maybe a bit confusing......but I am sick with worry and just don't know who else to turn to .......

We had a Loan with Tesco Finance ....but due to circumstances and struggle to make ends meet we turned to Payplan in November 2006.
Since then we have made no more debt, payed our bills and mortgage on time and made a regular monthly payment (£161 this includes payments to other creditors ) to PayPlan without fail.
Still...in June this Year Tesco took us to court demanding the full payment of the remaining loan (£15000) or a monthy payment of £480 .
The Court decided in favour for Tesco and ordered the £480 monthly payment despite the fact that with our income and basic monthly outgoings we would never be able to meet these payments. A charge was also put against our house.
As we never received anything in writing .. payments to PayPlan remainded unchanged.
Yesterday we received a further court hearing for November....the paper states that Tesco is now owner/showing interest in our property ( our deeds were included with the paperwork ) and a judge will decide how to retrieve payment.
PayPlan keeps telling us not to worry too much, although I felt completely abandoned at the court hearing in June, with the Judge slagging payPlan off as one of these companies that operate for their own intests, payplans paperwork send to the court was poor and said nothing...and hardly understanding one word that was spoken between her and Tesco's solicitor throughout the whole hearing.

This morning now...we received a letter from Tesco's legal team asking us to ring them within the next 3 days in order to discuss payment proposals.
Why are they writing to us all of the sudden before the court hearing ..
is this good or bad...and as we are with PayPlan what are we supposed to do...?
....fully aware of the financial crisis at the moment is it possible for the judge to decide against us and order us to sell the house ...to pay back the £15000 ?????

many thanks for any thoughts......
Ramona

isgman · 19 September 2008 at 2:48PM

Was the original “Order” made against you from the Northampton Bulk Court? I know form experience that they seem to issue “Orders” that are unrealistic in the way you have to re-pay, I had one against me and asked for a reditermination that was done at my Local Court, the Judge found in my favour and cut the payments to what I could afford and not what the company were asking for. It may be worth asking for a reditermination (you may be charged for this service). Good Luck

RAS · 19 September 2008 at 2:54PM

Hi

Please speak to NDL as you have a CCJ against you that should not have been included in your DMP with Payplan. http://www.moneysavingexpert.com/loans/debt-help-plan#help

Ideally, you should have asked for the case to be tranferred locally and would have been able to negoitiate lower payments and stop the charging order.

Because you have not met the conditions of the CCJ, your situation is now more difficult.

Speak to NDL, try to get a re-determination and see if there is any way you can get the charging order reversed.

gazmona · 19 September 2008 at 3:25PM

isgman wrote: »

Was the original “Order” made against you from the Northampton Bulk Court? I know form experience that they seem to issue “Orders” that are unrealistic in the way you have to re-pay, I had one against me and asked for a reditermination that was done at my Local Court, the Judge found in my favour and cut the payments to what I could afford and not what the company were asking for. It may be worth asking for a reditermination (you may be charged for this service). Good Luck

As far as I know this was already a redetermination ...as were ordered to pay the £480 and then went to our local court ( and yes we were charged for this ) who also ordered in favour of the creditor.

RAS · 19 September 2008 at 3:26PM

Did you attend either court case?

gazmona · 19 September 2008 at 3:35PM

RAS wrote: »

Hi

Please speak to NDL as you have a CCJ against you that should not have been included in your DMP with Payplan. http://www.moneysavingexpert.com/loans/debt-help-plan#help

Ideally, you should have asked for the case to be tranferred locally and would have been able to negoitiate lower payments and stop the charging order.

Because you have not met the conditions of the CCJ, your situation is now more difficult.

Speak to NDL, try to get a re-determination and see if there is any way you can get the charging order reversed.

Nothing we did...was without PayPlan....ie they did everything for us...told us that a charging order was normal and only meant we'd have to pay back the money once we sell the house......we should not worry..
We must be so naiv....I thought we could trust what they told us.

gazmona · 19 September 2008 at 3:38PM

RAS wrote: »

Did you attend either court case?

we did'nt attend the first one as we were not asked to, but the second one was local and we were told to attend as it would look good, but not to worry as it was only a formality.....

GeorgeUK · 19 September 2008 at 3:47PM

I would definately contact Tesco.
Call them up and make sure you have a note of all your income, expenditure and debt repayments.

Did you pay the £480pm you were ordered to pay?
If you couldn't afford that, did you request a redetermination?

I would definately contact nationaldebtline for advice, then contact Tesco. Hopefully you will be able to come to some arrangement.
http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=15_charging_orders_in_the_county_court#10

good luck

gazmona · 19 September 2008 at 10:44PM

thank you to all who replied.....
We have now contacted NDL and they were fantastic.....they explained everything and eventhough we are not out of the woods by a long run at least we know what we are dealing with.
I just don't know why we were not told any of this by PayPlan and feel a bit let down by them.

NHL said that appearently these high payments are ordered on purpose so that a charging order can be made....as they know you will not be able to meet the conditions of the CCJ...:(

We'll see what happens in November now, or before if a payment can be arranged.....I hope !!

GeorgeUK · 19 September 2008 at 11:23PM

Has the CCJ been granted?
If so, did you request a redetermination if the ordered payment was too high?

Not sure if you'll be out of time for that now

good luck.

gazmona · 20 September 2008 at 12:39AM

The Northampton Bulk Court ordered the original Payment of monthly £480 ( and strangely another seperate £520 from my husband although it was a joint loan agreement )
We ( Payplan ) requested a redetermination , filled out all the relevant paperwork and in June this year and I was asked back to our local court.
We were advised that the payments could not be changed and had to stand as they were. The judge stated that it was clear to her that we did not have the money to make these monthly payments, but the £ 60 suggested by payplan were unacceptable, with the amount we owed.. ...the solicitor ( Tesco) then requested a charging order.
We were then told by Payplan to wait for any further comunication and do nothing.
This is what happened prior to receiving the Interim charging order yesterday morning .Which reads :

the court orders that
1 The interest of the jugment debtor .....in the asset described below ( our property ) stand charged with payment £15103 together with any further interest becoming due and the cost of the application.
2. The application will be heard at 10.30 on 10 November 2008 at GCC when a judge will decide whether the charge created by this order should continue ( with or without modification) or should be discharged.

court hearing - help

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