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Charging Order Hearing!
Comments
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We tried for an IVA in December last year with CCCSva, it was rejected by Northern rock and Black Horse. We were hoping to beat the CCJ and the CO. I do feel a bit let down by CCCSva, they just advised us to wait and see what would happen until the IVA was accepted. My biggest concern is the fact that we owe Black Horse twice as much, whats to stop them going for a CO?
We are due to make our first payment on a DMP with CCCS this month, it will take us 9 years to pay off our debts (so long as interest is stopped) We were considering Bankruptcy, this could still be an option if interest isn't stopped!Life is like a camera... Focus on what's important, Capture the good times, Develop from the negatives, and if things don't work out Take another shot.0 -
You need to decide what you want to do for the best, your problem is time is against you.
You have 2 issues regarding having the Interim CO set aside.
a) defective default notice
b) unlawful termination of your agreement.
If you're considering BR you'll have to make a decision sooner rather than later.Click here for Martins (MSE) advice on who to contact with Debt Issues - YOU HAVE NO REASON TO USE A FEE PAYING DEBT MANAGEMENT COMPANY- THEY CANNOT DO ANYMORE FOR YOU THAN THOSE LISTED IN MY LINK ABOVE.
All information given by myself is offered informally and without prejudice - if in doubt seek help from a qualified and insured professional0 -
What options do we have? One of the other problems is cash, we really can't afford to pay the £75 at present, plus we can't afford to have time off work, cost of travel or childcare to attend the hearing.
I can live with a CO, so long as they don't order a force of sale (which I hear is very unlikely) but it boils my blood that NR will secure this debt!
Surely the court will see that we have 11 other creditors, they do have a letter I wrote when I received the Forthwith Judgement. This letter had our list of creditors, income/expenditure attached and our circumstances. The court sent a copy back to me and a letter saying that my letter will be considered at the charging order hearing. (i'd forgot about this till I got all my paperwork out) (I seem to have letters, demands etc coming out my backside at the minute! :huh:Life is like a camera... Focus on what's important, Capture the good times, Develop from the negatives, and if things don't work out Take another shot.0 -
As much as I'd like to help you on that one, I can't suggest, it must be your decision.What options do we have?
Well, NR will win by default, once again, that's your decision.One of the other problems is cash, we really can't afford to pay the £75 at present, plus we can't afford to have time off work, cost of travel or childcare to attend the hearing.
99% of the time, a forced sale is not granted, especially if children are living in the property.I can live with a CO, so long as they don't order a force of sale (which I hear is very unlikely) but it boils my blood that NR will secure this debt!
That's why you really must attend the court, it's your one chance to explain to the judge why NR should not be granted the claim.Surely the court will see that we have 11 other creditors, they do have a letter I wrote when I received the Forthwith Judgement. This letter had our list of creditors, income/expenditure attached and our circumstances. The court sent a copy back to me and a letter saying that my letter will be considered at the charging order hearing. (i'd forgot about this till I got all my paperwork out)
I accept it's difficult for you, and as easy as it is for me to say, try not to let the debts take control of you, you must try and remain in control.(I seem to have letters, demands etc coming out my backside at the minute! :huh:Click here for Martins (MSE) advice on who to contact with Debt Issues - YOU HAVE NO REASON TO USE A FEE PAYING DEBT MANAGEMENT COMPANY- THEY CANNOT DO ANYMORE FOR YOU THAN THOSE LISTED IN MY LINK ABOVE.
All information given by myself is offered informally and without prejudice - if in doubt seek help from a qualified and insured professional0 -
To be honest having read through your thread, I think you have to see your head of department, swallow your embarassment and tell them you need emergency leave and tell them why. One of you must attend the hearing. The other would have to get leave to look after the children.
From what has been said here, you could get the whole thing put back to square one for £75 and some embarassment. Surely it is worth that to reset the clock as it were, such that you can then enter into the DMP as you want in a months time? So again swallow your pride and borrow that £75 you need to send in with the set aside form, and get it done.
In the end NOT having these debts secured on the house, when a) the creditor hasn't done the work right, and hasn't therefore got a leg to stand on and b) worth a little bit of embarassment now.
sorry to be blunt but I felt it needed saying
chevI want a job that is less than an hour driving away from my house! Are you listening universe?
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To be honest having read through your thread, I think you have to see your head of department, swallow your embarassment and tell them you need emergency leave and tell them why. One of you must attend the hearing. The other would have to get leave to look after the children.
From what has been said here, you could get the whole thing put back to square one for £75 and some embarassment. Surely it is worth that to reset the clock as it were, such that you can then enter into the DMP as you want in a months time? So again swallow your pride and borrow that £75 you need to send in with the set aside form, and get it done.
In the end NOT having these debts secured on the house, when a) the creditor hasn't done the work right, and hasn't therefore got a leg to stand on and b) worth a little bit of embarassment now.
sorry to be blunt but I felt it needed saying
chev
I could probably borrow the £75 but I'm unsure how it works, would I still have to go to the hearing on Wednesday? And what exactly does set aside mean? Could I still get the charging Order, even after paying the £75?
So many questions I know! (even if I'm too late for this hearing there is still the second forthwith judgement I have received)
My other thought is even if we went back to square one, I'm sure NR will only try this again! Only in the correct way this time!Life is like a camera... Focus on what's important, Capture the good times, Develop from the negatives, and if things don't work out Take another shot.0 -
tasha
Have you spoken to NDL, who can answer your questions over the phone, or CCCS
http://www.moneysavingexpert.com/loans/debt-help-plan#helpIf you've have not made a mistake, you've made nothing0 -
Yes, as it's to late to have the set aside application included.I could probably borrow the £75 but I'm unsure how it works, would I still have to go to the hearing on Wednesday?!
It takes the applcation from the claimant back to the beginning, so you more or less start to defend yourself from scratch.And what exactly does set aside mean?!
Yes, but as I mentioned yesterday, you have legal grounds for a set aside appliaction.Could I still get the charging Order, even after paying the £75? !
They can't, without taking leave of the court.My other thought is even if we went back to square one, I'm sure NR will only try this again! Only in the correct way this time!Click here for Martins (MSE) advice on who to contact with Debt Issues - YOU HAVE NO REASON TO USE A FEE PAYING DEBT MANAGEMENT COMPANY- THEY CANNOT DO ANYMORE FOR YOU THAN THOSE LISTED IN MY LINK ABOVE.
All information given by myself is offered informally and without prejudice - if in doubt seek help from a qualified and insured professional0 -
:j:j
I got a letter this morning stating that because the case has been transferred in error, next Wednesdays hearing is vacated!
I sent a letter on Wednesday, explaining our defence and problems with not being able to attend, I wonder if that has anything to do with this?
This gives me a lot more time to think about things.
I just noticed that the court it's been transferred to is only a 20 minutes bus ride away!Life is like a camera... Focus on what's important, Capture the good times, Develop from the negatives, and if things don't work out Take another shot.0 -
this is why you need to fight, not just give up.
How about sending a pm to 10past6 to let them know.If you've have not made a mistake, you've made nothing0
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