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

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Comments

  • oh thank you rayday you are very kind, you always seem to appear with some great advice or just support and i appreciate it so much. :A

    thats why i cheekily:p keep bumping the thread as i know how quickly threads slip down the pages and gets missed!
  • rayday2
    rayday2 Posts: 3,960 Forumite
    Thats not cheeky its important for you to feel supported. I wish I could remember the names of those that fought recently but my brain with names is terrible.
  • ANY_CHANCE
    ANY_CHANCE Posts: 825 Forumite
    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!

    Please dont give up
    fight for yourself, we at least need to try - give it all youve got

    and whilst you do this you will be fighting for others as well, giving advice and letting others follow and learn from the action you take.

    IO have had threats of CO and Order of sale but if the time comes i will fight it (i may learn something on the way;) )
    “most people give up just as they are about to achieve success”
    If you think you are going through hell keep going - Sir Winston Churchill
    If You Can't Change It, Change the Way You Think About It.
    SW, 13st5lb, -4 1/2, -1,(12st13.5lbs)
  • rayday2
    rayday2 Posts: 3,960 Forumite
    I don't think the courts will have sympathy with the creditor on this one, so if you do go it will look good. Courts time taken up with someone who has a CCJ and is paying it and they want more.

    Have you had a look through the OFT guidelines to see if they have broken anything that you could hold against them show you are doing your bit and they have possibly broken some of there guidelines?

    Sorry you can tell I have no experience here I just hate not being able to help.
  • rayday you ARE helping me, just by chatting! You may not have any answers on this one, no one expects everyone to have all the answers!thank you for being there and for your continuing support.
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    Just bumped your "other" thread. ;)
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • thank you fermi, thats great!
  • Hi all this is the letter i propose to send out to the court and drydens, what do you think? Can anyone suggest things to be added, removed, reworded etc?Please remember i am writing this on behalf of mr pinks i do not have a wife! Also do i need to write a letter to both the courts and drydens objecting to the co as its my dh debt and they want to put it on our house that we both own??:confused:
    Dear Sir/Madam,
    Re: Company: Drydens on behalf of Egg
    Defendant:
    Court:
    Date:
    Claim No:
    REF:

    I am giving notice that I object to the Charging order being made final and I intend to attend the hearing at the above date and court.

    My objections are as follows:

    1. When I ran into severe financial difficulties I sought help from Consumer Credit Counselling Service. I was advised to make token payments until a Debt Management Plan (DMP) was set up with all my creditors in May 2008. I have kept up with all payments to date. Within the DMP I was paying Egg then Drydens on behalf of Egg £125.00 per calendar month. At the beginning of our DMP (May, June 08) we paid £250.00 to this company however this had to be changed due to a miscalculation in our budget. I understand that 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. Please see the attached documentation for all statements showing these payments.

    2. I have not been given the opportunity to have a redetermination hearing after applying for one on the 9th May 2008. The redetermination hearing was scheduled for 05/07/08 but this was cancelled by the courts and a charging order has been requested by Drydens.

    3. Both Drydens and Egg are also aware that my Debt Management Plan, administered by the Consumer Credit Counselling Service has a number of Creditors.
    A charging order in favour of one creditor would give Drydens on behalf of Egg an unfair priority over other my unsecured creditors.
    As you can see I already have a payment arrangement in place with all my other creditors via the Consumer Credit Counselling Service. This would be upset by an order being made.
    Furthermore I would like to draw your attention to the fact that this debt is not the largest debt and all other creditors have frozen the interest amounts and stopped applying charges. Please see the attached documentation.

    4. I have a young daughter aged 3 and my family would suffer severe hardship if a charging order was to lead to the sale of our home.

    5.Drydens on behalf of Egg are requesting a Charging Order for a debt that is in my name but our home is owned jointly by my wife so this would be unfair to her as this is not her debt.
  • GeorgeUK
    GeorgeUK Posts: 7,737 Forumite
    Looks good to me.
    It seems to have covered all the points raised on the nationaldebtline factsheet.
    After 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) 11/08/2011
  • thanks for having a look geoge.
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