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

thepinkladez_2

bumping for any advice?

thepinkladez_2

ok this morning i personally and mr pinks have both had letters from the land reg and drydens regarding the case.
mr pinks basically informing him of the c/o etc. land reg have already put the c/o on the house as of the 6th aug it says the applicant states that kett court has made the charging order??and a copy is provided ( the 2nd letter we recieved telling us of c/o and to go in sept to court)??

mine asks whether i want to object? the land reg says tat the following objections wont stop co:
that money is being paid
or that you do not agree yu owe money.

it does however say in the explanitary notes that if you object:

state the grounds of objection .this means tht you should tell us the facts and or and the legal reasons why the applicant is claiming wrongly or why what isbeing claimed would not give the applicant the interest claimed in the property.
does that mean the point i raised yesturday?
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.

and the above letter from mr pinks is that to be sent to courts, drydens and land reg??then i need to write similar letter ie, my house too, i have kids, no money in prop after my share and redemption penalty paid to pay fine.??

please please help as i a majorly stressed this morning by i all.

thepinkladez_2

bumping as i really need some help with this. would quite like to get the letters out today so i can realx slightly!!

sandi.s1978

Hi Pink, if the original Judgment for was £x and this has not been paid as ordered then you are technically in breach of the order. Did you (Or CCCS) send in a admission and offer on the account?

I would request the re-determination and attend the hearing with ALL the paperwork from CCCS including the SOA. I would advise the judge that you have done everything in yours and Mr Pinks power to address the situation and that the action taken by Drydens has been counter to the Civil Procedure rules when offers were already made and payments being made to the account before the CCJ paperwork was sent. I would also (maybe riskee!) say to the judge that you dod not think the court was there to enforce debts but to help encourage resolution - and this was not needed by yourselves as you have CCCS helping you with your DMP. I would then ask that costs are taken off the CCJ, or b really cheeky and request that an example is made of Egg/Drydens and request that the judgment is set aside. If judgment is set aside this should cancel the CO.

If this argument does not work with the Judge ( and it can depend on whether they are having a good day or a bad day) then I am not sure what you could do with the CO.

HTH ... and Good Luck!

Sandi x

thepinkladez_2

sandi.s1978 wrote: »

Hi Pink, if the original Judgment for was £x and this has not been paid as ordered then you are technically in breach of the order. Did you (Or CCCS) send in a admission and offer on the account?
no we were only advised to send a redetermination letter out?

I would request the re-determination and attend the hearing with ALL the paperwork from CCCS including the SOA. I would advise the judge that you have done everything in yours and Mr Pinks power to address the situation and that the action taken by Drydens has been counter to the Civil Procedure rules when offers were already made and payments being made to the account before the CCJ paperwork was sent.

see waht you are saying as i do think they are acting a little unreasonably as we have made continued payments and been in continual contact with them.

I would also (maybe riskee!) say to the judge that you dod not think the court was there to enforce debts but to help encourage resolution - and this was not needed by yourselves as you have CCCS helping you with your DMP.

little scared to p**s off the courts, could this not realy annoy them? although i do agree!:D

I would then ask that costs are taken off the CCJ,

can this even be done? i would like that as they were about £500 if i remember rightly (dont rely on my brain thou!)
or b really cheeky and request that an example is made of Egg/Drydens and request that the judgment is set aside. If judgment is set aside this should cancel the CO.
now that would be good i would love to make an example out of how unhelpful, costly, timewasting and streesful they have made this situation.

If this argument does not work with the Judge ( and it can depend on whether they are having a good day or a bad day) then I am not sure what you could do with the CO.

i totally understand that it really just depends on the judge. sadly that does seem the case!but i have to give this my best shot possible!

HTH ... and Good Luck!

Sandi x

do you think i should add these things/arguments into mr pinks letter?

thepinkladez_2

sorry forgot to even say thank you for your help!

sandi.s1978

yep - stiock it all in - and you can request that costs are removed.

this is the overriding objective of the court and may be useful ...
The overriding objective 1.1 (1)These Rules are a new procedural code with the overriding objective of enabling the court to deal with cases justly.
(2)Dealing with a case justly includes, so far as is practicable –
(a)ensuring that the parties are on an equal footing;
(b)saving expense;
(c)dealing with the case in ways which are proportionate –
(i)to the amount of money involved;
(ii)to the importance of the case;
(iii)to the complexity of the issues; and
(iv)to the financial position of each party;
(d)ensuring that it is dealt with expeditiously and fairly; and
(e)allotting to it an appropriate share of the court’s resources, while taking into account the need to allot resources to other cases.

Application by the court of the overriding objective 1.2 The court must seek to give effect to the overriding objective when it –
(a)exercises any power given to it by the Rules; or
(b)interprets any rule subject to rule 76.2.

Duty of the parties 1.3 The parties are required to help the court to further the overriding objective.

Court’s duty to manage cases 1.4 (1)The court must further the overriding objective by actively managing cases.
(2)Active case management includes –
(a)encouraging the parties to co-operate with each other in the conduct of the proceedings;
(b)identifying the issues at an early stage;
(c)deciding promptly which issues need full investigation and trial and accordingly disposing summarily of the others;
(d)deciding the order in which issues are to be resolved;
(e)encouraging the parties to use an alternative dispute resolution (GL) procedure if the court considers that appropriate and facilitating the use of such procedure;
(f)helping the parties to settle the whole or part of the case;
(g)fixing timetables or otherwise controlling the progress of the case;
(h)considering whether the likely benefits of taking a particular step justify the cost of taking it;
(i)dealing with as many aspects of the case as it can on the same occasion;
(j)dealing with the case without the parties needing to attend at court;
(k)making use of technology; and
(l)giving directions to ensure that the trial of a case proceeds quickly and efficiently.

I really do hope that helps!

Sandi
x

thepinkladez_2

thanks again sandi, sorry for needing to be spoon fed today, my head is all very confused!
so from you last post i assume the following points are worth putting in:
The overriding objective 1.1 (1)These Rules are a new procedural code with the overriding objective of enabling the court to deal with cases justly.
2.
(b)saving expense;
(c)dealing with the case in ways which are proportionate –
(i)to the amount of money involved;
(iv)to the financial position of each party;
(d)ensuring that it is dealt with expeditiously and fairly;

not sure how to get these plus your original points worded into letter so will have to sit and think about that!hmm!

the following points make me uneasy about putting this in the letter:

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.

Court’s duty to manage cases 1.4 (1)The court must further the overriding objective by actively managing cases.
(2)Active case management includes –

(i)dealing with as many aspects of the case as it can on the same occasion;
(j)dealing with the case without the parties needing to attend at court;

the courts were following guidlines so my point isnt really valid now?

although another guidline was:
(l)giving directions to ensure that the trial of a case proceeds quickly and efficiently.
which i feel four months isn't very quickly? again thou dont want to p**s off the courts as they may be very busy so this IS the earliest thay can deal with it!

thepinkladez_2

sorry just bumping for all the evening dfw's!!

thepinkladez_2

sorry just bumping for any more advice on this or have i exhausted everyones knowledge?!:o