Charging Order Hearing today!!!

desperatelyinthered

Hello all, long time since I last posted. Been on a DMP for over a year and all was going well until Assett Link decided that it wouldn't accept payment and after getting a CCJ I am now going to a hearing to contest a charging order being placed on my property at 12 today.

Quite scared and nervous and no idea what to expect... after reading some of the threads on this I am not hopeful that I wil get it discharged but I have to try!

Its really frustrating as all my other creditors agreed payments (and some are substantialy more!) and they are looking at all being paid off in 6 years.

This board is great and has really helped me over the last year or two, its nice to know that I am not the only one to get in such a mess!

Storm

*BUMP*

I've not had any experience with contesting charging orders, so can't offer any advice, just a big (((((HUG)))))

And if you're worried about Friday 13th - found this online...
http://news.uk.msn.com/Friday_13_lucky_for_some.aspx

olivetrees

I can't help I'm afraid but am thinking of you!!

My level of debt is similar to yours so I would be grateful if you could let me know how you get on.

Sinding you mental hugs

xxxxx

bectoria_2

I tried to contest my charging order and failed, I hope you have a more sympathetic judge than me.

Best of luck, the hearing wont take long and at least if they get the charging order your monthly payments can be set and that will be the end of it.

Thinking of you today, let us know how you get on.

chevalier

Did they never accept the payment rate? Yet if they have been cashing the payments, then surely they have accepted the payment by default. Make sure you have you income and outgoings with you to prove you can't pay anymore.
chev

Jolinar

I've just seen this I hope things went well. Pop in and tell us how it went!

Lemon_Tree

wonder how this went,

Bump

nwest_girl

hi, my husband also has a charging order on our property, we objected on the grounds that we were on a joint dmp, and this would be unfair if if we jointly wanted to clear all debts, but apparently unless there is a particular legal reason why not, it is always granted. His was a 5200 debt, payplan worked out our joint surplus income for all debts was 133 per month, this charging order was set at 177 per month for one credit card, husband has just declared bankrupcy as two cc judgements were set at 700 , ignoring payplan i & e, leaving him with no option. I now believe unless it is absolutely out of question, bankrupcy should be considered, as judges do appear to be coming down on side of creditor, the judges response to payplan i&e was that the creditor has the right to recover payment in a reasonable amount of time, dmp payments would take too long to clear debt.

desperatelyinthered

Hello all, Thanks for your comments

Well the judge went against me and agreed the charging order - but he did reduce the court costs as Assett Link did not mention any solicitor in the paperwork and they were trying to claim £110 for their costs!

I did feel the judge had already made up his mind - but its over now and I already have a variation order that has been accepted so payments have been agreed - they have kicked themselves in the foot really, cos it appears that when I have upped my payments with payplan, the payment to them doesn't get upped as the level is already agreed ith the court!

I have to say I was really dreading it, but I can now see its not the end of the world, and at least now I can continue with paying the rest off and hopefully have no other hassles as they have been the only one that has caused problems.

Leixlip1

AMEX threatened me with a Charging Order - they initially obtained a Judgement for the whole debt which I have successfully managed to have varied to monthly payments based on an offer already made to them and I have been making those payments for the past three months.
As I undrestand it, and based on the Merantile Credit Co Ltd v Ellis case, I will need to have defaulted on the payment order for AMEX to obtain a Charging Order - I shall wait and see.

craftingqueen_2

Hi everyone,can anyone explain to me more about charging .Not quite sure what happens after a judge puts a charge on your house when do you then need to pay it off? sorry for being dumb.Worried as we have massive debts this might happn to us.