Moneybarn want my house

National_Debtline

pottersjam wrote: »

Ok thanks for all the replies really appreciate it. Would you recommend getting a solicitor (although i doubt i could afford one) to represent me.

My plan is to print out all my arguments and points as to why i think it is unfair and read them out in court.

Just panicking that i might forget to say something whilst under pressure.

Thanks again

Hi again pj

You've probably answered your own question there. The presence of a solicitor isn't realistically going to change the outcome one way or the other.

You've said you plan to print out your arguments and take them along to prompt you. That sounds like a perfectly sensible plan to me - no reason you should overlook any of the points on the day if you're prepped and have them clearly written out.

Maybe just a different colour highlighter pen for each point so that they stand out from each other, if you're really worried about missing one out. Cross each point out as you cover them.

Don't worry about having a few nerves - it's understandable. Most district judges will be able to appreciate that this will be new territory for you - it's not as if you are auditioning for Hamlet so you don't need to be slick and smooth, just get your points across.

Good luck

Dennis @NDL

alastairq

as Dennis says...although no reason why you couldn't actually hand your notes to the Judge for him/herself to read?

It is a rule in Court that no individual should be disadvantaged through a lack of legal representation, or understanding of the Court process....

pottersjam

Great thanks, really big help from you all.

Hamlet...lol

pottersjam

Plot thickens.....i have just had a reply to an email i sent to Moneybarn. My email was to offer £40 per month for 12 months and nothing more. As i am contesting the £8000 they say i owe.

I am trying to avoid anything to do with orders on my house.

They have said they will accept £40 per month and review every 6 moths until full outstanding balance is paid as the agreement was terminated

any ideas on next move?

They already recieve £32 per month via DMP

National_Debtline

Hi again pj

Can you clarify a couple of points if possible:

- You refer to "contesting" the £8000 - how are you going about this at the moment? A valid CCJ has (presumably) already been granted for this amount approximately (otherwise the interim charging order could not have been sought) - to me this would indicate that the best window of opportunity for disputing the amount owed has now closed??

- Does the latest email from Moneybarn make any further reference to the charging order process? It seems bizarre to me that they would seek an interim CO only to then not go ahead and obtain a final CO, unless something came to their attention in the meantime that made them less confident.

Something doesn't quite add up correctly here. It's illogical for Moneybarn to kick up such a fuss for the sake of getting you to pay an extra £8 per month.

Regards

Dennis @NDL

pottersjam

This is what i don't understand. I have also now come home to find a letter from the land registry titled ' B132 notice to a registered proprietor of an application to enter an agreed notice'
This following the email as mentioned above. I have no idea what's going on or what to do for the best.

here is the latest email word for word.

Your offer of £40.00 per month for 12 months is not acceptable as when the Agreement is terminated the full amount becomes due. We would however, by happy to accept £40.00 per month with a review every 6 months until the full outstanding balance is paid.

It is not our intention to cause you further distress but to come to a payment arrangement which is acceptable to both parties and can be maintained on a regular monthly basis. The Charging Order if granted by the Court gives us security for the amount owed and once the final payment is received would be removed.

Road_Hog

National_Debtline wrote: »

- Does the latest email from Moneybarn make any further reference to the charging order process? It seems bizarre to me that they would seek an interim CO only to then not go ahead and obtain a final CO, unless something came to their attention in the meantime that made them less confident.

I've seen a few companies only go to interim order, probably because that's as far as they'll usefully get.


But that does mean that they can register an interest in the property and the owner can't seller it until the solicitor has permission in writing from them.


And the OP's last post shows that they have applied to LR. They basically want security on the house.


I suppose they'll turn up on the day and say we agree with the payment proposals but want it registered with the LR.


The advantage with doing it this way, is it is not a proper charging order/secured loan. As it has security but is not a secured loan, they can petition for bankruptcy at a later date, if circumstances are right.

pottersjam

bankrutpcy?

Road_Hog

pottersjam wrote: »

bankrutpcy?

Please note, that I said at a later date if the circumstances are right.


Please note that I was replying to a specific point made by ND.


As long as you keep up the payments, you'll be fine.

pottersjam

charge order was granted and now im not sure what happens next?