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

RAS

I thought you had to default before a charging order was granted.

According to Mercantile v Ellis that is the case. Unfortunately the Government passed but did not action a change in the law. They have since said they are not going to action that part of the law (think it was the Tribunal Act), but of course the judges have heard of it and the creditors refer to it and judges keep keep making duff decisions.

Also if you do not pay the high payment set by Northampton whilst waiting for a re-determination hearing (could be 6 months or more) , by defination you have defaulted on the CCJ. And the creditor will go for a forthwith judgement.

Things have got a LOT tougher in the last year.

debtman2007

God, im so confused what to do, time is running out and with post strikes just dont know what to do. Im not trying to get out of paying this debt i just want a sensible payment plan. will the judge understand this though? the fact the things have got a lot tougher worries me.,

ras or you aware why this agreement is invald?

debtman2007

Also what is the worse that can happen if l lose my defense?

RAS

debtman

I have not seen the default letter, so cannot tell you why. However, I would trust my life with 10past6 and if he says it is faulty, it is.

if you defend the case, you will either end up with

1. Success and the right to continue paying what CCCS have agreed as your payment (with no chance of the creditor playing hardball) - most likely outcome.

2. A CCJ for a much lower amount and the option to defend yourself successfully if they go for a forthwith judge.

RAS

have you followed any of the CCA cases here?

You know that they have to contain precribed terms?

Well default letters are the same; if the wording is not exactly right, the creditor is scuppered.

10past6

debtman2007 wrote: »

Also what is the worse that can happen if l lose my defense?

Worse case scenario, you could end up with a Charging Order against your property, that's a long way off.

10past6

debtman2007 wrote: »

God, im so confused what to do,

You're going to get yourself into a state if you worry to much it's simple:

The claimant / creditor has to PROVE they've complied with current legislation laid down by parliament, you have the evidence to PROVE they've not complied with current legislation.

It's for the judge to make a decision on who is right!

debtman2007

to hell with it, if you are with me and can support me 10past6 then im DEFENDING. Can you check your PM regarding the form. i need to fill this out tonight.

thank you all for your support and advice.

debtman2007

10past6 wrote: »

Worse case scenario, you could end up with a Charging Order against your property, that's a long way off.

i have some crazy notion that the judge will get peed off with me and just grant them something that is impossible for me to pay

RAS

Give it a go debtman.