Charging order help needed please

superfox_2

Hi all Iam newly registered but have been reading for ages and following a lot of your advice but now i really need your help as hubby has recieved paperwork from the solicitors about a final hearing for the charging order.

He took out a personal loan with A&L in 2004 and got into difficulties in 2005,worte to them a statred a cccs dmp everything fine then in 2007 then went for a ccj. filled in the paerwork offering £300 per month but they said the papers where late and they got a forthwith judgement.

Wrote for redtermination and was granted £300 per month was paying this then six months later letter from local court stating enforcement, found that cccs had been paying his money into the wrong account. Sorted that and they stopped proceedings.

Then last year hubby found he had been under paying tax and although he went through the complaints procedure hmrc insited he had to pay it
Asked the solicitors if we could reduce payments to £150 they said no so apply to the court to vary payments after a long wait phoned the court in oct they said it had been accepted

then got a letter to say interim co phoned the court and was told A&L had rejected the offer as it would take more than five years to pay off


Today recieved the hearing date for the final co for end of april

Try so hard to get rid of this debt and dont know what to take to court or what to do next


Sorry for being so long winded

RAS

Hi

Can we clarify,

Between the date you asked the court to vary the CCj amount and the date they agreed to reduce your payment, how much did you pay each month.

Since the court agreed to you reducing your payments, have you paid on time every month?

superfox_2

Firstly we got a forwith ccj redtermination changed that to £300 per month which we paid every month as soon as we lost income by paying tax man have been paying £150 a month but when we applied to the court for this reduction A&L refused and went for the co

RAS

Di you move to paying the £150 before the court agreed to this?

10past6

superfox wrote: »

when we applied to the court for this reduction A&L refused and went for the co

Did you appeal at that stage?

superfox_2

thanks for your replies yes we paid the £150 berfore they agreed as he thought it best to pay something




and no we didn.t appeal didn.t know we could. Perhaps I need to dig out all his paperwork but just wondering what will the court need for this hearing?

10past6

superfox wrote: »

and no we didn.t appeal didn.t know we could.

If you have been paying £300.00 as instructed by the court, but can only afford £150.00 now, you need to apply to the court for a redertermination hearing due to a change in your financial postion.

RAS

superfox wrote: »

thanks for your replies yes we paid the £150 berfore they agreed as he thought it best to pay something

if you had been paying the CCj as instructed by the court, you would have been able to challenge the charging order using Mercantile v Ellis. Based on what you have written, you cannot defend on that basis.

superfox_2

We did that was when they went for the co

10past6

superfox wrote: »

We did that was when they went for the co

And the result was you pay £300.00 pm, am I correct?

10past6

superfox wrote: »

when we applied to the court for this reduction A&L refused and went for the co

They will do because you breached the court order by not paying £300.00pm