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Charging Orders
HollyB
Posts: 35 Forumite
Hi all,
Just thought that my last couple of experiences at Court may me of some reasurance to others, Since July 29th 08 i have been to 2 Redetermination hearings (on the same day with the same nasty bank NWBC) had a horrible solicitor representing one account and a nice man for the other so at least there was a balance and of course me representing myself, petrified as Id never been to court in my life..... anyway the Judge who was very nice agreed repayments in the form of monthly installments as i had set up with Payplan, I give payplan there due on the day in question they seriously helped me, they had sent info to the court pre the hearing and the judge had a copy, but in my grasp was another couple of copys just in case, she was sympathetic and quite kind, and quite dismissive of the Bank but she did say that she was aware of the DMP companys (the non profit ones) that were helping people like us and she thought it was a great idea. The nasty Bank then went on to progress Chargin orders against my property and i had two dates for court, this time on seperate days, I kept thinking when will this be over, when will I get a nights sleep! anyway!!! I had all my papers in order, letters again had been sent to the court via Payplan and I was in and out within 5 minutes, the judge granted the Charging order but only in means of security and she reasurred me that as long as i kept up my payments no further action could be taken, but if i did sell my property then I would have to settle the debt, when I left she wushed be good luck..
On my last visit last week I noticed the solicitor who had orginally been there at the 1st redetermination (the nice one of the 2) we had a chat and he was really friendly, we went into the court room and again the Judge was sympathetic he had all the info reference my financial situation in front of him from payplan and said that with all the preparation that had been done he was impressed, and confident that I was trying to honour the debt, the solicitor for the 'Nasty Bank' even said on my behalf that consideration should be taken in2 account that I did have a child and had not missed any payments (nice man):j well not quite jumping for joy but feeling a bit better, the judge again stated as before that as long as I kept up payments nothing else would happend, I asked him if ther bank was likely to progress any further, he told me that it was unlikely that they was push for an order for sale given the amount.. he also wished me good luck! As I left I thanked the solicitor from the (nasty) bank afterall he was only trying to earn money just like us..... :A
So for all of you out there who are in a similar position there are some good stories, Not everyone out there are mean! and as Winston Churchill said when your going through hell just keep going and going and going until you come out the over end, its been 10 months so far on my DMP and at times Ive been at my witts end with Worry but after 3 judges wish you 'Good Luck' there must be some good in the process... Just go in prepared, you have to do your groundwork, if you have a DMP keep in touch with them, if in doubt which I have been a couple of times contact the National Debtline they are really supportive, Ive gone through this with only the MSE board aware of my situation, Ive kept my probelms from my friends and family, but the people I have discussed it with have been so supportive, so pls use them as they are the experts, Dont let these Creditors bully or threaten you there not allowed and theres codes of practice they must keep to... so all that is left to say is ********** GOOD LUCK **************
Sorry its so long!!!!
Just thought that my last couple of experiences at Court may me of some reasurance to others, Since July 29th 08 i have been to 2 Redetermination hearings (on the same day with the same nasty bank NWBC) had a horrible solicitor representing one account and a nice man for the other so at least there was a balance and of course me representing myself, petrified as Id never been to court in my life..... anyway the Judge who was very nice agreed repayments in the form of monthly installments as i had set up with Payplan, I give payplan there due on the day in question they seriously helped me, they had sent info to the court pre the hearing and the judge had a copy, but in my grasp was another couple of copys just in case, she was sympathetic and quite kind, and quite dismissive of the Bank but she did say that she was aware of the DMP companys (the non profit ones) that were helping people like us and she thought it was a great idea. The nasty Bank then went on to progress Chargin orders against my property and i had two dates for court, this time on seperate days, I kept thinking when will this be over, when will I get a nights sleep! anyway!!! I had all my papers in order, letters again had been sent to the court via Payplan and I was in and out within 5 minutes, the judge granted the Charging order but only in means of security and she reasurred me that as long as i kept up my payments no further action could be taken, but if i did sell my property then I would have to settle the debt, when I left she wushed be good luck..
On my last visit last week I noticed the solicitor who had orginally been there at the 1st redetermination (the nice one of the 2) we had a chat and he was really friendly, we went into the court room and again the Judge was sympathetic he had all the info reference my financial situation in front of him from payplan and said that with all the preparation that had been done he was impressed, and confident that I was trying to honour the debt, the solicitor for the 'Nasty Bank' even said on my behalf that consideration should be taken in2 account that I did have a child and had not missed any payments (nice man):j well not quite jumping for joy but feeling a bit better, the judge again stated as before that as long as I kept up payments nothing else would happend, I asked him if ther bank was likely to progress any further, he told me that it was unlikely that they was push for an order for sale given the amount.. he also wished me good luck! As I left I thanked the solicitor from the (nasty) bank afterall he was only trying to earn money just like us..... :A
So for all of you out there who are in a similar position there are some good stories, Not everyone out there are mean! and as Winston Churchill said when your going through hell just keep going and going and going until you come out the over end, its been 10 months so far on my DMP and at times Ive been at my witts end with Worry but after 3 judges wish you 'Good Luck' there must be some good in the process... Just go in prepared, you have to do your groundwork, if you have a DMP keep in touch with them, if in doubt which I have been a couple of times contact the National Debtline they are really supportive, Ive gone through this with only the MSE board aware of my situation, Ive kept my probelms from my friends and family, but the people I have discussed it with have been so supportive, so pls use them as they are the experts, Dont let these Creditors bully or threaten you there not allowed and theres codes of practice they must keep to... so all that is left to say is ********** GOOD LUCK **************
Sorry its so long!!!!
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