pls help just had a charging order but haven't done anything wrong, i can't go on

thepinkladez_2

i have just opened the mail (yes it comes at lunchtime here!) and had 2 separte letters from the court.
1) saying theyhave cancelled our redetermination hearing for next week.
2) Stating they are placing a charging order on our home court hearing the 16th sept 2008.

bit of background info for those who dont know! i have several debts 4 infact with egg, 2xloans and 2xcards, one set in my name and one set in hubbys. Also have a handful of much smaller debts with other companies which we are rapidly clearing! one cc debt with egg ( not the biggest debt we have with them-i might add!)was passed to their solicitors drydens and they have been awful ever since ignored us completly and demanded a payment of £1000 pcm :eek: ( i think) or they would go for a ccj! obviously we couldnt afford that so ccj was issued. they once again ignored our soa and other debts and went for £4?? a month which we than asked for a redermination as we couldn't pay that amount. Redermination was booked for next week.
in the mean time asked for a cca which both egg and drydens have provided( so no luck there!)

i have spoke to cccs and they said there is nothing i can do but defend it if i wish (on the grounds its my hubbys debt and house is in both names so not fair on me!).

i thought they couldnt do this i thought i had to F*** up on the ccj to get a charging order? i just dont know what to do i am just so fed up today i just dont see the point in carying on as they are probably gonna go for us selling our house next. i just keep thinking maybe we should have gone br instead as we are gonna lose everything anyway as egg/drydens are complete f**k**s!! sorry to be so miserable but just had enough now

spud30

I can sympathise hun.

I had a debt end up with Drydens too, and they wouldnt stop until they got a charging order. We hadnt done anything wrong, we hadnt missed any payments under the CCJ, yet they told the courts we had. Unfortunately, I was a coward and didnt have the nerve to go to court to defend it. I could've proved they were lying.

Anyway, the CO hasnt been the end of the world, we're still here in our home. Apparently a forced sale is very rare so try not to worry.

Good luck x

GeorgeUK

If you haven't missed any payments then they shouldn't be able to get the order.
http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=15_charging_orders_in_the_county_court

I would definately go to court and defend.

fermi

Rightly or wrongly (probably wrongly) it seems that many of the courts/judges are just agreeing to whatever **** the creditor asks for. :rolleyes:

That seems to have prompted NDL in Georges link to follow this advice:

I ALREADY HAVE AN INSTALMENT ORDER AND AM NOT BEHIND WITH IT

If you have kept up with instalments on a county court judgment then the court should not make a final charging order. According to a case called Mercantile Credit Co Ltd v Ellis in 1987, a charging order should only be made if the payments on a judgment are in arrears or you were ordered to pay the judgment in one lump sum immediately (forthwith) and didn't pay. This case is very important. If you are in this situation and still have an interim charging order made, you must go to the hearing and take evidence that you have kept up with the instalments ordered and mention this case to the district judge.

With this warning! :mad:

WARNING
We have heard of cases where a creditor asks the court to change or 'vary' the terms of your judgment from an instalment order to a forthwith judgment. If the court agrees, it makes it easier for the creditor to apply for a charging order. If this happens to you, phone us for advice.

May be worth a chat with NDL as well.

thepinkladez_2

GeorgeUK wrote: »

If you haven't missed any payments then they shouldn't be able to get the order.
http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=15_charging_orders_in_the_county_court

I would definately go to court and defend.

thank you i will have a look at the link now!

thepinkladez_2

fermi wrote: »

Rightly or wrongly (probably wrongly) it seems that many of the courts/judges are just agreeing to whatever **** the creditor asks for. :rolleyes:

That seems to have prompted NDL in Georges link to follow this advice:

With this warning! :mad:



May be worth a chat with NDL as well.

thanks fermi can you point me in the direction of this thread

thepinkladez_2

spud30 wrote: »

I can sympathise hun.

I had a debt end up with Drydens too, and they wouldnt stop until they got a charging order. We hadnt done anything wrong, we hadnt missed any payments under the CCJ, yet they told the courts we had. Unfortunately, I was a coward and didnt have the nerve to go to court to defend it. I could've proved they were lying.

Anyway, the CO hasnt been the end of the world, we're still here in our home. Apparently a forced sale is very rare so try not to worry.

Good luck x

thankks hun, its kinda nice to know that soemone else has hd dalings wit drydens ( not that i want anyone else to have to deal with them, you know what i mean!)

i am sooo stressed out right now!

thepinkladez_2

hello any of you evening owls out there who can provide me with some words of wisdom?

fermi

thepinkladez wrote: »

thanks fermi can you point me in the direction of this thread

I meant the link to the factsheet in George's post.

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=15_charging_orders_in_the_county_court

thepinkladez_2

whoops sorry fermi! i thought you meant another link! the factsheet is very helpful.

Can i just ring ndl even though i am with cccs??

thepinkladez_2

thank you fermi i have just posted over there in the hope for additional advice.