Help Needed re Redetermination Notice!

DesperateMeasures_3

Hi, can anyone please enlighten me what might happen?

The situatio is this, I have a redetermination notice to attend court next week, which my hubby cant do as he works away and I have a very tight working schedule which means I cannot go at the time alloted.

I have phoned the court up and asked if it was imperative we attend and the rather snotty woman just kept sayin, if youdont, you might get awarded somethign you dont like. In other words turn up.

I just really cant get out of work as i have had quite a few times off lately with kids and whatnot.

My question being, from some guys who might have been in similar situation, is what can they actually do? I have written a letter this morning offering the Creditor (HFC Bank, £20k debt), a charge over my property (which will just about make 100% borrowing!!), and also a monthly payment of £150 on top of the debt management plan we have in place with other creditors. When the house is sold which we anticipate 2-5 yeas when market picks up, they get their money less any payments made.

Does this sound like something the court will accept. or do they go straight for bankruptcy which will also mean I lose my job as I work for MOD and wont get the clearance I need if bankrupt! (i have put this in the letter too).

Do the courts look at the factyou are trying and have dmp in place, also offering the charge on the house?

I am going out of my mind, thinking we will be made bankrupt next week.

On another thread, if we are made bankrupt what kind of things in the house are they likelyt to want to sell? do they take the childrens stuff too (which have been given as gifts mainly from my parents to them)? if so, i would be inclined to get them removed from the house prior to next week, not sure what time scales are given either.

Any help on the above would be much appreciated.

thanks.

snappy_badger

Write to the court immediately and send it by special delivery so you know it will get there ASAP. Tell them that you are unable to attend on the date/time specified and ask them to reschedule the redetermination meeting. You need to reference your case number etc so they know which hearing you're talking about.

They are more than happy to do this. I've had to do it twice for a redetermination that I asked for! Obviously only do this if you would be able to attend on another occasion. If you know you won't be able to attend no matter what then don't bother!

If this is the case, I'd suggest sending a copy of whatever you're sending to your creditor to the court too. Again include your case number and ask for it to be considered during the hearing. Explain why you can't attend and just ask them for what outcome you'd like.

It is 99% likely that noone from your creditors will turn up either, so the judge will make their decision based on the information available to them. You need to put your side across to him as clearly and reasonably as possible - just like you would if you were there in person!

Hope this helps! Good luck.

rayday2

I would worry if you are on a DMP that you can find the extra £150 the whole point of a DMP is that you are paying as much as you can. Also if you do struggle to make this amount after you have been to court then you are looking I think possible at a CCJ.

Who are you doing your DMP with and what advise to they have?

From what I read on the national debt helpline website most of the time courts will go along with what your DMP says, but not sure what they would think if you offer the extra £150 because that kind of says the figures on your DMP are not right.

If you are not doing your DMP with anyone give National Debthelpline a ring they are pretty good I do my own DMP and have rung them once and they were fantastic.

snappy_badger

DesperateMeasures wrote: »

My question being, from some guys who might have been in similar situation, is what can they actually do? I have written a letter this morning offering the Creditor (HFC Bank, £20k debt), a charge over my property (which will just about make 100% borrowing!!), and also a monthly payment of £150 on top of the debt management plan we have in place with other creditors. When the house is sold which we anticipate 2-5 yeas when market picks up, they get their money less any payments made.

Does this sound like something the court will accept. or do they go straight for bankruptcy which will also mean I lose my job as I work for MOD and wont get the clearance I need if bankrupt! (i have put this in the letter too).

Do the courts look at the factyou are trying and have dmp in place, also offering the charge on the house?

Sorry - I just re-read your post again and thought of something else....

I don't know what your current situation is and why the redeterination is taking place, i.e. I don't know what the original judgement ordered. But I'm guessing that whatever it said you were unable to comply with as they were probably asking you to repay a lot more than you can afford at the moment.

You need to remember that you are on a DMP and this has determined the amount you can afford to offer this creditor. You need to just re-iterate the amount you can afford - back it up with your budget and list of other creditors and explain that you can't offer any more than this because it will put your plans with other creditors at risk.

The judge should redetermine and allow you to continue making the payment you currently are under the DMP. You don't need to offer a charging order on your property at this stage. Unless this situation has been going on for a long time (i.e. more than a year) and you're not making any dent into the amount you owe them.

I've posted elsewhere about my recent experience but I'll recap here...I owe Northern Rock about £23k. They didn't accept my DMP right from the beginning and took the matter to court. The original CCJ said I had to increase the amount I repay each month to an amount that I couldn't possibly afford (after all that's why I'm on the DMP!). I appealed and asked for a redetermination.

At the redetermination the judge ruled that I could continue to pay the amount under the DMP but set a timescale for when the full amount need to be repaid by. He explained that if I didn't repay by this date then Northern Rock would be entitled to apply for a charging order and he would award one at that stage.

The courts want to give you a chance to repay your debt before issuing a CO. Don't be paniced into offering one or more month than you can afford each month. Sit tight!

snappy_badger

rayday2 wrote: »

Also if you do struggle to make this amount after you have been to court then you are looking I think possible at a CCJ./quote]

The OP will already have a CCJ on their record as this is a redetermination of the original CCJ.

rayday2

Ahh I see no wonder it did not make sense!

Apologies Ignore my post!

DesperateMeasures_3

Sorry, should have made my post clearer. I have in place a DMP with payplan. they have offered i think £40 to this creditor. they refused.

My parents have said they would pay the difference to the HFC, so in effect it wouldnt come out of my monies, thus not affecting the DMP, but again, not sure what the courts will think to my parents helping out this debt. (they dont have the money to pay all thisdebt, but could help me out monthly if it meant i kept my home).

whould this make a difference then?

DesperateMeasures_3

rayday2 wrote: »

I would worry if you are on a DMP that you can find the extra £150 the whole point of a DMP is that you are paying as much as you can. Also if you do struggle to make this amount after you have been to court then you are looking I think possible at a CCJ.

Who are you doing your DMP with and what advise to they have?

From what I read on the national debt helpline website most of the time courts will go along with what your DMP says, but not sure what they would think if you offer the extra £150 because that kind of says the figures on your DMP are not right.

If you are not doing your DMP with anyone give National Debthelpline a ring they are pretty good I do my own DMP and have rung them once and they were fantastic.

My DMP is with Payplan, but although they are sorting them out, i have to keep emailing them and calling them as the creditors were not receiving the statements they say they sent. Also i have asked about this redetermination but they havenot come back to me again. I seem to chase them up on everything I query. My parents are going to give us the other amount to pay this debt back, as a last resort, ideally they cant really afford it, but if helps me, then they will do so. but it doesnt affect our income/outgoings as such.

rayday2

I think perhaps you should try ringing another agency or even popping into see your local CAB if you have the time you definately need professional advice the last thing you want to do is make things worse.

itsnever2lateisit?

Forgive me if I am wrong but I would have thought your other creditors would be less than pleased to learn that one creditor was to receive preferential treatment to the tune of £150 per month.

I would be inclined to 'stick to my guns' and submit the DMP to the court as it is (eg that which is based on your own independent means) pointing to the fact that is all you can afford, and each creditor is receiving monthly payments in proportion to the debt

DesperateMeasures_3

I know what you mean about the other creditors, but we really dont want to lose the house. I expect the court wont entertain this extra payment from my parents, hopefully if anything they will go down the route of putting charge onthe property. we dont want to not pay this debt, but, like others, circumstances change and we ended up in this situation.i see it that at least we are trying to assist in repayment and not buried our heads, but am really panicking at the moment as i am not fully aware of the actions etc that the courts can take. i am probably too niave in this but am certainly grateful for the advice and help on here.