Court Tuesday

Pere_Ubu

My husband and I are in court on tuesday applying for a variation order against Asset Link.
Not sure what to expect any advice/insight would be appreciated. The debt with Asset Link is increasing by about £60 per month because of interest they apply. We make paypments through Payplan and have spoken with them and they said there is nothing they can do if a creditor does not freeze the interest. Is this worth raisng with the judge on Tuesday? Will he have any power to freeze or reduce the interest payments so that we start to see the debt decrease as to increase as it is now?

fatbelly

You can ask him (her) if he'll make a time order. The answer will probably be 'no', but he (she) might recommend that you make a separate application and there's a fact sheet here

If there is a legal reason why your debt cannot have a time order, he should be able to point that out. But as far as i know if it's a regulated (CCA) agreement under 25k it should qualify.

These are pretty rare orders and some district judges have no experience with them. It all hinges on whether the court considers it 'just' to change your terms and conditions, so you have to have a good argument. I would think that if you're paying around £60 per month then it's not 'just' for the debt to be rising £60 per month.

RoCas

Hi,

Can't offer any advice (sorry), but just wanted to wish you luck. Let us know how you get on.

Pere_Ubu

Just going through papers with a fine tooth comb and I have realised that Asset Link have never completed the necessary court papers on one of the debts we have. They had got an interim charging order on both debts in Sept 05 and the case for a final charging orders were due to be heard in Cardiff but we had both cases transferred to our local court. Since then we have been to court three times for one of the debts but have never recieved anything for the other one. I have justnoticed that Asset Link have tampered with an N24 form (notice of adjournment). The one the court sent us refers to one debt alone. The copy of the N24 that Asset Link have sent us is identical to the court's N24 except Asset Link have added by hand the reference details of our second debt.

Obviously this is "illegal". I want to cause them the most damage/grief for this what do you suggest I do? I am in court tomorrow with variation orders to do with both debts, should I raise it at this hearing or in a couple of days when the charging order case is to be heard? Again I can only stress that I want to cause them the most damage/grief.

The other thing Asset link do is to continually apply costs to our account which subsequently accrue interest and this is inspite of the judge in two hearings stating that costs are reserved for the final hearing. Again how do I deal with this in court and cause maximum damage/grief?

Pere_Ubu

I would really appreciate any advice tonight if anyone is able

amosworks

You might also like to try https://www.consumeractiongroup.co.uk forums matey, good luck!

Pere_Ubu

Asset Link got the Charging Order after fighting them off for nearly a year. The judge made a condition that there can be no order for sale as long as we maintain payments which have ben set through Payplan. All we have to do now is to stop the interest going on each month!!

fatbelly

Pere_Ubu wrote:

Asset Link got the Charging Order after fighting them off for nearly a year. The judge made a condition that there can be no order for sale as long as we maintain payments which have ben set through Payplan.

Well done on getting the condition applied. That's not easy to do.

All we have to do now is to stop the interest going on each month!!

So is that a time order?

EllieB_2

This all sounds a bit messy. Sounds like there is a judgment on both debts but only one has been considered by the court with respect to an order for sale - in this one the judge ordered no sale if payments were met - do you know if there was also an order (time order) to freeze interest? If not then they can add statutory although not contractual interest. Sounds to me like the judge ordered no sale but did not look at whether to freeze interest (ie a time order)- which as mentioned above hinges on whether the court considers it "just". My advice would be to make sure the court considers both accounts - ask for a time order to freeze interest and offer instalments on both accounts - if the whole lot is in a complete muddle ask for an adjournment to give you time to get advice. You may struggle in court tho as many district judges are rather hazy as to their powers as to time orders - you may be better asking for an adjournment and getting expert advice.