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

fermi

thepinkladez wrote: »

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

Good.

It can sometimes be a lot slower over there compared to DFW, so you might have to wait a bit for any replies.

shinyhead

If it helps I had a similar situation and thanks to both this forum and the NDL site info I managed to get a CO quashed. I hadn't done anything wrong either. In particular I wrote in my objections that I insisted the solicitors prove that I was in arrears and when. I also quoted the Mercantile Credit vs Ellis 1987. They pulled out just before the hearing.

thepinkladez_2

thanks fermi, point noted! will have a look in the morning and see if i had any replies!:D

thepinkladez_2

shinyhead wrote: »

If it helps I had a similar situation and thanks to both this forum and the NDL site info I managed to get a CO quashed. I hadn't done anything wrong either. In particular I wrote in my objections that I insisted the solicitors prove that I was in arrears and when. I also quoted the Mercantile Credit vs Ellis 1987. They pulled out just before the hearing.

thank you shinyhead.
do you have any info on the Mercantile Credit vs Ellis 1987 case? i googled it so i could read about it (rather than just state it!) and couldn't acually find anything about the case?
did you write a letter stating your objecions to the court?is that when they pulled out after reading it?
do you have any template letters i could use? or would you mind reading the letter i intend to use (once its written!)??
sorry for all the questions!

shinyhead

I don't have any info on MC v Ellis either-I just presume it's a legal precedent that was set well, over 20 years ago. I think this one is really important to quote.

I wrote the letter and sent it special delivery to both court and solicitors to make sure it arrived before the deadline. Basically I just copied nearly all the objections that are listed on the NDL factsheet.

I take it that you can prove that you've not been in arrears, I simply listed payment dates out of my bank account and amounts.

I'll gladly proof read for you. PM me with it if you like. I couldn't find any templates but as I've said I quoted objections from the NDL factsheet and it sort of just flowed!

spud30

Pink, just dont do what I did and ignore it. Dont let em get away with it. When it happened to me, I was at a very low point, and just couldnt face the fight.

I'm guessing it's probably way too late for me to do anything about mine now, but you should fight Drydens all the way if you're up to it

thepinkladez_2

yes can prove it as paying via cccs via dmp.so shows all payments since before thay applied for ccj. they send monthly statement. I have paid every month and had even basically decided to get rid of quite a few things in budget which would have made life pretty crap but was willing to sacrifice if they didnt agree to redetermination hearing which obviously i wont bloomin know now!

thepinkladez_2

spud30 wrote: »

Pink, just dont do what I did and ignore it. Dont let em get away with it. When it happened to me, I was at a very low point, and just couldnt face the fight.

I'm guessing it's probably way too late for me to do anything about mine now, but you should fight Drydens all the way if you're up to it

yes i know i should and i will!:D but can completly understand why people don't!I felt like gving up this morning but why should i?! i think i would only regret it and always wonder what would have happened if i had fought it!

thepinkladez_2

just bumping up incase someone has some good advise!!:-)

rayday2

I didn't see this until today, it is bad news.

There have been a few (sorry terrible with names) who have defended CO and been successful. I don't have any personal experience with CCJ or CO but just wanted to give my support