Robinson Way - charging order on property

Under_Pressure_2

yes.
RW weren't happy with the amount i was repaying and wanted to up it to nearly £300 a month!!

that would have pushed me into bankruptcy. i had already sent my income/outcome so they knew it would be impossible to meet those payments, fortunately i had a judge with some common sense, but i just get the feeling that RW will continue to push and push.

Mrs_Arcanum

Under_Pressure wrote: »

yes.
RW weren't happy with the amount i was repaying and wanted to up it to nearly £300 a month!!

that would have pushed me into bankruptcy. i had already sent my income/outcome so they knew it would be impossible to meet those payments, fortunately i had a judge with some common sense, but i just get the feeling that RW will continue to push and push.

Will the £50 per month take you less than 6 years to pay it off? If so you may get away without too much trouble.

I just get so cross over mine that because of their decision to go down the court route I have extra costs making it over 10 years to pay Nationwide/Shoosmiths back (at the current rate). As this is their choice I will stick with the smaller payment (as agreed by the CCJ) throughout the term. Perhaps taking the DMP back under my control should finances drastically improve.

Under_Pressure_2

At £50 a month around 7 years, but would have been less if they hadn't bumped nearly £2000 in court costs and added interest + god knows what ever else.

reading the info sheet from debt helpline, it appears that if i have kept to the agreed payments they shouldn't be enforcing a charging order anyway??

Quote:
If you have been ordered to pay the debt in instalments and are not behind on the payments the court should not make a charging order. This is because of a very important case called Mercantile Credit Co Ltd v Ellis in 1987.

Is that right? Or is it a long shot??

Mrs_Arcanum

Under_Pressure wrote: »

At £50 a month around 7 years, but would have been less if they hadn't bumped nearly £2000 in court costs and added interest + god knows what ever else.

reading the info sheet from debt helpline, it appears that if i have kept to the agreed payments they shouldn't be enforcing a charging order anyway??

Quote:
If you have been ordered to pay the debt in instalments and are not behind on the payments the court should not make a charging order. This is because of a very important case called Mercantile Credit Co Ltd v Ellis in 1987.

Is that right? Or is it a long shot??

I tried that along with [FONT=&quot]Ropaigealach V Allied Irish Bank [/FONT]
and
[FONT=&quot]Mercantile Credit Company Limited v Huxtable[/FONT]

I can PM you the document as it is worth a try. You may get a more helpful judge than I did.