Worried sick about appearing in court.

BlushingRose

Sending loads of good luck vibes - you'll be great xx

lancashiregirl

Update:
The solicitor for my creditor asked the judge for permission to apply for a charging order, the judge went to great lengths to assure me that this was just the creditor wanting to gain assurance that they would receive their money and that for them to force the sale of my house if they are granted one was very unlikely although not impossible,
This totally threw me, I was expecting just to have to show proof of income and expenditure but it wasn't asked for. The solicitor told me before hand that in these cases the debtor is usually more likely to sell their house in a smaller time scale than it would take to pay off rhe debt and this is why they wanted permissoin to apply. He wasn't intimidating at all though.
Anyway it was granted and they also applied for costs of £76 which the judge refused which was a small consolation. I'm still waiting written confirmation and feeling quite fed up about it all

camuk81

Not surprised but well done for getting through it all now

fatbelly

When you get confirmation of the judge's order can you post the wording here. I've got two lines of thought - has he actually varied the existing order? And if he has, can we persuade the creditor not to go for a Charging Order.

The fact that they asked for costs when THEY applied for a redetermination leads me to think they don't know what they're doing (and maybe the judge didn't either)

lancashiregirl

When the judge enquired why they were applying for costs the solicitor said it was for his time and expense getting there, the judge actually made me smile inside at the way he brushed his protestation aside! I shall post word for word when it comes. Thank you.

DVardysShadow

fatbelly wrote: »

When you get confirmation of the judge's order can you post the wording here. I've got two lines of thought - has he actually varied the existing order? And if he has, can we persuade the creditor not to go for a Charging Order.

The fact that they asked for costs when THEY applied for a redetermination leads me to think they don't know what they're doing (and maybe the judge didn't either)

Yes. I am puzzled by this. It was a redetermination hearing which resulted in a charging order?????

saltnvinegar

Yes this doesn't sound right. Are you sure that the original application wasn't for a forthwith order?

You may want to look at getting some legal advice on this especially if the debt was small in relation to the value of your house.

Not sure if this is allowed (apologies if its not) but look at Watsons solicitors in Llandudno. They were the solicitors who represented Mr Harrison v Link Financial.

http://www.watsonssolicitors.co.uk/

Worst case, your creditor should now leave you alone as long as you keep up the repayments.

Best
SnV

fatbelly

saltnvinegar wrote: »

Not sure if this is allowed (apologies if its not) but look at Watsons solicitors in Llandudno. They were the solicitors who represented Mr Harrison v Link Financial.

Interesting case...

http://www.watsonssolicitors.co.uk/news-detail.php?id=23

simon_the_poet

fatbelly wrote: »

Interesting case...

http://www.watsonssolicitors.co.uk/news-detail.php?id=23

I recomend you do a search of Watsons solicitors on here before you do anything hasty

Chrisblue1962

Hi Lancashiregirl

Please please don't be too worried about a Redetermination hearing as I had mine just this week. It will be held in a Judge's chambers (basically an office) and he / she will not be "robed" i.e. in gown and wig. Mine only took ten minutes and the judge was really nice (they are human too !!!) and explained everything.

Sadly, my result was that I'll probably have a Charging Order soon as my debt , circa £3,000, my debt will take 19 years to be repaid at current rate (about £12.00 per month on DMP) so Judge thought this was too long. The original CCJ judgement is going to be amended to a Forthwith Judgement so a Charging Order can go ahead BUT Judge insisted they (Nationwide) cannot enforce the Charging Order at all without referring back to the Court and must allow me to repay the debt by monthly repayments.

Basically, creditors only want a Charging Order as security NOT as a means of collecting the debt....

However, I'm confident that I'll be able to settle the CCJ through both my monthly DMP payments and I'll be saving like mad so that I'll be to settle the CCJ before the CCJ requires renewal in 5 and a half years.

Very Good Luck and.... don't worry !!!!!