Does anyone know about Redetermination Hearings?

purpledelly

Hi All - I'm after a bit of advice again..

A Little bit of background:
We are on a DMP - self managed now although previously with the CCCS. We have never missed payments on the plan or anything.

We have one CCJ - from Tesco Finance (part of RBS) for a £12,000 ish loan. We pay a total of £56 per month to them and this is what the court agreed 2 years ago.

We recently got a letter out of the blue saying that there was to be a court hearing for redetermination. We phoned Tesco finance for an explanation and bascially they said they wanted more money and also they wanted a charging order on our house.

We got the Notice of Redetermination hearing today and it's set for January and I have a few questions I'm hoping someone in the know or who has been there might be able to help with??!

1. Do we have to go to the hearing or can we put our case in writing?
2. Tesco have included a written witness statement with the notice of hearing. It says they are asking the judge to make make 'the judgement payable fortwith' and also that they want to apply for a charging order. From what I've read they can only apply for a charging order if we default on the CCJ (which we've not) or they get a judgement for payment forthwith - so I guess that's why they're doing that! Question here is we could and would offer to pay more per month - if we do that at the hearing or in a letter, is the judge more likely to accept the offer and reject their application for a judgement to pay forthwith?

3. The witness statment they have sent also includes an inaccuarcy stating at the rate we're paying now it will take 41 years to pay - they have seriously mis-calculated this - is that grounds enough for the case to be rejected and if so how would we go about it?

Any other advice on this or any answers to those questions would be much appreciated!

Sorry it's so long :rolleyes:

onamission_2

I had a hearing and it was just me, my partner and the judge. The bank did not even bother sending anyone. I did an upto date SOA outlining outgoing/incomings and showed that i could not afford to pay more than 10% of what HSBC were wanting. I got that amount agreed and although there is charging order on my property. they will not enforce it. I cannot answer question 3 but i guess you could call the CAB now. there was a legal advisor present in court on the day of the hearings (had to be prearranged)

hth.
onamission

purpledelly

That's really helpful onamission. Can I ask something about the hearing - did you have to take bank statments/pay slips/evidence of outgoing etc or just a written SOA? Just so I know how much to take - it's only a 10 minute thing so I don't know they'll have time for much!

Also - was your creditor asking for the whole amount or an increased monthly payment? (if you don't mind me asking).

purpledelly

Little bump.. anyone know any more?? please!

penguin83

Hi purpledelly

You dont have to attend the hearing - you can put your side in writing, however you may be able to put your side across better than you can in writing.

Dont forget that you can ask for the case to be transferred to your home court if it isnt already.

If judgment was made forthwith it does mean that they can then apply for a charging order. x x

hth x

onamission_2

purpledelly wrote: »

That's really helpful onamission. Can I ask something about the hearing - did you have to take bank statments/pay slips/evidence of outgoing etc or just a written SOA? Just so I know how much to take - it's only a 10 minute thing so I don't know they'll have time for much!

Also - was your creditor asking for the whole amount or an increased monthly payment? (if you don't mind me asking).

I brought bank satements/ evidence of other debts and a written SOA. all i needed was the SOA as it was only 10mins. My creditor was looking for the full amount. I think it helped too that i had made payments to my creditor whilst waiting for the case to be heard. Make sure you get it transferred to your local court although mine was automatically transferred. there is a form on the court service website for this or you can go to your local county court.

purpledelly

Thank you so much both of you. We thought it would be best to go and will continue paying them in the meantime. I'll get my SOA sorted too. It has already been moved to our local court thankfully without us asking, so that will help. And fortunately it's during my Christmas holidays so I won't have the embarassment of asking for the day off!

drenton

I have been sent the same redetermination letter from TPF and they are also looking for a charging order. If they had left things running under the CCCS DMP, they would have been paid off 20 years quicker. Now that they had a figure fixed based on last years DMP payments, it will take an age to pay them off. I am going to contest the charging order on the grounds of unfairness to my other creditors.

I can only assume everyone is getting jittery over the sub-prime crisis and wants their money back now!

Has anyone here ever contested the charging order and won?