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

123578

Comments

  • Hi again,

    The only reason I ask, is that if you can point out the fact that there is not enough equity in your property to allow all creditors to obtain charging orders, you can argue that allowing this particular creditor to put the charge on the house is offering preferential treatment over the other creditors.

    As you are on a DMP, you are currently ensuring that you are being fair to all creditors by giving them pro-rata payments, and you can mention that a charging order could jeopardise being fair to everyone.

    Regards,
    CCCS

    thanks mathew i think have made these points here:

    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.

    do you think this needs to be reworded?
  • CCCS_Matthew
    CCCS_Matthew Posts: 922 Organisation Representative
    Part of the Furniture Combo Breaker
    Oops sorry, I must have missed that post! The wording sounds fine to me, and covers the right areas. Let me know how you get on with it all

    Regards,
    CCCS
    I am a Debt Counsellor that works for the CCCS and have specific permission from Martin, to post on these boards to try and help those in debt. Read more information on the CCCS and what it does in the Debt Problems: What to do and where to get help article.

    CCCS is a registered charity, and there is no charge whatsoever for any of the services we provide to our clients. We take great pride in offering first class help and advice, but we only offer this where we have been able to fully explore and understand your circumstances with you. We want to help you understand these choices and their possible implications but not make them for you.
  • thats ok easy to miss in all my blurb! just thought maybe i had worded it incorrectly!
  • dancingfairy
    dancingfairy Posts: 9,069 Forumite
    Just thought I would tryand explain what the letters meant to me.

    Letter one - the judge decided to cancel the hearing without having a proper hearing ie you and the other side weren't present he/she looked at the paperwork and decided to cancel the forthcoming hearing.

    Letter two
    the judge looked at your case on the 22nd July after a letter from your creditors and found that
    1) on the 1st May the Bulk Processing Centre (which i believe is Northampton still) ordered your husband to pay the amount owing
    2) the amount now owing is blah , blah
    3) Not sure what this means - sorry

    It looks like an interim charging order hearing has happened and that the full hearing will be on the 16th September.

    It appears to me that your husband got an order in May - didn't pay it as ordered (well that's what your creditors seem to have claimed) and now appears to have an interim charging order and there will be a full hearing on the 16th September.

    Hope that helps explain a little. I am not an expert but this is what the letters seemed to mean.
    Making my money go further with MSE :j
    How much can I save in 2012 challenge
    75/1200 :eek:
  • thank you dancingfairy.
    I haven't a clue they dont seem to make much sence to me! The point you raise saying drydens have said we havent paid is the jist of what i thought too!
    really annoyed on this point as yes we couldnt pay the original amount, but we carried on paying the amount cccs had worked out and applied for the redtermination hearing so we could explain this and hopefull get the payment amount set at what cccs have worked out.so i cant see how that means the redetermination hearing is cancelled or how drydens can go for a charging order!?? surely without the redetermination hearing they cant proceed??
  • dancingfairy
    dancingfairy Posts: 9,069 Forumite
    Well I guess technically if the court ordered you pay the full amount forthwith in May (ie in full straight away) and you didn't then I guess they can apply for the order. I'm not sure why it has taken so long to sort out the redetermination - if it's the court's slowness then this should go in your favour.
    It seemed to me that the judge wants to do it in one sitting to save court time- that was the only thing i could think of ie hear the redetermination first but I'm no expert.
    I don't know if you have spoken to National Debtline but I would speak to them and or the CAB or get some legal advice.
    Have you read the factsheet on National Debtline on Charging Orders? I know you want to avoid one as there is not enough equity in the house if everyone started doing one which is understandable but a charging order does not mean they can automatically sell your house from under you - it just means that when the house is sold they will be guaranteed to get the money they are owed. As far as I know there are conditions that have to be met before they can force a sale and it depends on how much the debt they are chasing is for.
    Sorry I can't be more help.
    Making my money go further with MSE :j
    How much can I save in 2012 challenge
    75/1200 :eek:
  • dancingfairy
    dancingfairy Posts: 9,069 Forumite
    Found this on the factsheets on charging orders:
    'If the debt is in your sole name, but you own the house in joint names with someone else, they have the right to tell the court all the circumstances and why they would suffer hardship if a charging order is made. They should have been sent a copy of the interim charging order and given an opportunity to go to the hearing and put their point. For example:
    • who paid the deposit to buy the home?
    • who has made the mortgage payments since?
    • if there are children at home, ask the court to put a condition that the house cannot be sold by the creditor until the children have grown up;
    • the co-owner will need to file and serve written evidence of their objections at least 7 days before the hearing. '
    Anyway the points I got out of that was even if it goes against you, you will need to ask the court to order that the house cannot be sold unless the child is 18 and that you will need to also object to the charging order in writing as well.

    I want you to win - I am just want you to not miss out the important things if things don't go the right way.

    Oh I am sure I read on here that the charging order will come out of your partners share of the property- ie if you were to split up the money for the charging order will come out of his half of the money from the sale.

    Best of luck with it all
    df
    Making my money go further with MSE :j
    How much can I save in 2012 challenge
    75/1200 :eek:
  • thank dancingfairy,

    the order wasnt forthwith thats what cccs thought but after checking paper work that doesnt seem to be the case either!:confused: think i will give ndl a call as everyone keeps recommending them and cccs although helpful dont seem to be very sure about it, (could just be the person i got!)
    yes i think need to sit down and maybe go over everything i need to get sorted if i do get the charging order ie: set an amount that i can pay, stop property being sold til my dd is 18 etc.
  • i have made a few more comments on my letter after speaking to ndl, i need help with whether these are viable objections and help with wording them (sorry my brain is a bit scrambled today!)
    [quote=thepinkladez;13009021]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. The courts will give me the opportunity to hear my redetermination hearing on the 16th september 2008 which is four months after my application.I feel that if the redetermination hearing had been made earlier then drydens would not be attempting to obtain a charging order.

    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.[/quote]

    6.The sale of our proerty would not provide drydens on behalf of egg with the full amount of money that they require. We bought our property for £125,000 and have a redemtion penalty of £6000 for 3 years. Our property would need to be sold for in excess of £155,000 ( to cover debt, redemtion penalty and half the equity owed to my wife) which is above the ceiling price for a property like ours in this area.
  • as i said in above post i have finally spoken to ndl today and now my head is even more confused!?
    ndl seem to think that because i didnt keep to the £460 odd the ccj asked for and made the payment i could afford while waiting for redetermination hearing i have technically defaulted on ccj??
    ndl also think that the word vacated meant that the courts were not going to allow me my redetermination hearing? they told me to call the courts and clarify this, to also ask them for a new redetermination hearing to be before co hearing and to put in a complaint about time taken to have redetermination hearing.
    called courts and lady who answered phone said that vacated just meant cancelled. that i would have a redetermination prior to co hearing on same day, to save costs time etc. and this was completly normal and some people waited months for redetermination hearing (so i thought i better not ask about how to complain!)
    aggghhh so i am all lost and confused again!!
    do i still send the letter and then go to redermination hearing, judge agrees or doesnt ,then straight after have co hearing, fight for myself, then judge agrees or doesnt???:confused:
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