Hello again. Slighty worried and in need advice......again

Fire_Fox

debtman2007 wrote: »

Thanks again. a couple more questions though.

After the first hearing what if its decided i have to pay over £26. Say £50, there is no way i could do that. can i appeal against that?

also. what happens if my payments have to reach them by 10th of month. CCCS have told me they can only send payments on or around 20th of each month.

I know it's easy for me to say, but you are worrying unnecessarily. Why would the court overrule CCCS' assessment of what is an affordable payment? CCCS are experts, speak to them about how often the court asks people to pay more than can be afforded, I bet it's very rare.

Again with payment dates, why would the court ask you to pay on a different date than you are at present? You'd be more likely to default! The court will look at what the current arrangements are, whether you are adhering to the agreement, what the other side want, what CCCS recommend and make a sensible judgement.

Nargleblast

I am sure the courts' diaries are full of cases like yours, cases which, although very important for you, are small beer to them. They will be looking for the easiest way to sort the problem so they can move on to the next case, and I doubt they will argue over amounts and dates of payment, they do not have the time for this stuff. I bet you they will rubber stamp what you are already doing through CCCS, with little or no modifications.

debtman2007

Thanks all. your advice is very reassuring.

debtman2007

Ok, so i phoned CCCS and i actually feel worse.

Basically i need to do a new budget tomorrow and send the forms back to Restons. They will refuse the offer and it will go to a local court which i have to attend. Here the scary bit, she said the judge will more than likely want more than the £26 a month, therefore the rest of my creditors will have to take lower payments, which means i can expect further action from them also.
Then restons will go for a charging order(i thought this could only happen if i defaulted on teh CCJ??)

so yeah, makes you wonder what is the point of it all really fed up now.

dancingfairy

Hi debtman - hang on a minute there are quite a lot of steps here and you are jumping ahead of yourself quite a lot.
Firstly it has to go to the judge and the judge will decide what's what - you cannot preempt this decision so fill in the paperwork and wait for the response.
Then your creditors may or may not appeal.
Then you may have to go to court.
Then they may get a charging order.

There are so many if's and buts and maybe's - honestly. And the worst thing that can happen is they get a charging order - and? - well that's it to be honest - it's like having a second mortgage - they get their money when the house is sold - they can't just kick you out and make you sell the house(apart from in extremely rare situations).
All it means is that they will get theire money at the end of the day - that's all - it's kind of like their security blanket - it could drag on for years so don't spend all that time worrying.
Hope things settle down a bit for you.
df

RAS

Sorry debtman

Did not spot the update last week.

Please can you advise whether you have sent the court papers to CCCS. if so, can you retrieve them ASAP. The will admot the case and you will get an automatic CCJ.

You need to get the case transferred from the bulk processor at Northampton and to defend the case, otherwise the CCJ is automatic and you will probably end up with the CO.

Can you also please

1. tell us if you have done a CCA request (if appropraite)
2. Tell us if you have the default letter, Please find it if you can
3. pm 10past6 who has helped a number of people in the situation - successfully. S/he is back on the forum.

debtman2007

dancingfairy wrote: »

Hi debtman - hang on a minute there are quite a lot of steps here and you are jumping ahead of yourself quite a lot.
Firstly it has to go to the judge and the judge will decide what's what - you cannot preempt this decision so fill in the paperwork and wait for the response.
Then your creditors may or may not appeal.
Then you may have to go to court.
Then they may get a charging order.

There are so many if's and buts and maybe's - honestly. And the worst thing that can happen is they get a charging order - and? - well that's it to be honest - it's like having a second mortgage - they get their money when the house is sold - they can't just kick you out and make you sell the house(apart from in extremely rare situations).
All it means is that they will get theire money at the end of the day - that's all - it's kind of like their security blanket - it could drag on for years so don't spend all that time worrying.
Hope things settle down a bit for you.
df

They have already refused my proposal though so i guess they will not budge now. i thought if they have a charging order they can make you sell your house? would seem quite harsh for a £2500 debt though

RAS

debtman2007 wrote: »

They have already refused my proposal though so i guess they will not budge now. i thought if they have a charging order they can make you sell your house? would seem quite harsh for a £2500 debt though

No they cannot force you to sell the house, but when you sell they get their brass from the equity.

please can you answer the qs re CCCS, defaults, CCAs etc.

debtman2007

RAS wrote: »

Sorry debtman

Did not spot the update last week.

Please can you advise whether you have sent the court papers to CCCS. if so, can you retrieve them ASAP. The will admot the case and you will get an automatic CCJ.

You need to get the case transferred from the bulk processor at Northampton and to defend the case, otherwise the CCJ is automatic and you will probably end up with the CO.

Can you also please

1. tell us if you have done a CCA request (if appropraite)
2. Tell us if you have the default letter, Please find it if you can
3. pm 10past6 who has helped a number of people in the situation - successfully. S/he is back on the forum.

Hi Ras,

I still have teh paperwork here, i need to phone the CCCS tomorrow for a budget review, they will then e-mail me some documents to send back to Restons along with teh claim form. Is this the correct process??
how do i go about geting it transferred, CCCS never mentioned this to me.

I had a CCA from them som etime ago i also have the default notice. i will try and PM 10past6 to notify them of this thread.

im kind of unsure of teh process i need to take now.

thanks for all the help again folks

RAS

Good

Phew

What date do you need to get the paperwork back to the court?

Is the CCa legally complaint and can you scan the default letter, minus perosnal details and bar codes and put a link to it on here for 10past6, please.