help? Interim charging order and land registry B136(CO)....sorry long post

mojo-jojo_2

Hi can anyone give me some advice please??

My hubby and I have been on a DMP with CCCS for just over 2 years due to reduced income mainly through my mental illhealth.

We owe about £50,000 unsecured to 19 creditors who each receive £5 each per month (definately not ideal & a long term solution).

HFC (our 2nd largest creditor) with the help of Reston solicitors recently gained a CCJ against us. We defended part of the claim and the case was transferred to our local county court. Restons didn't fill in their allocation questionnaire and the judge set Restons claim aside and granted the CCJ at instalments of £5 per month.

Restons then got a redetermination for the whole amount forthwith (when my hubby phoned the court, the court officer said reston's had sent a letter objecting to the instalment order because of our 'poor payment history')

This is where it gets a bit more complicated......... I phoned CCCS for advice and was told to apply for my own redetermination back to an instalment order. I was told that I could either...fill in an N245 with a £35 fee, or send a redetermiantion application letter with no fee as we were sending it within 14 days of the redetermination in favour of Restons.

We then received an interim charging order with a hearing date of 28 th july.

I phoned CCCS for advice again and they suggested phoning the court to see what was happening with our redetermination. My hubby phoned and the court informed him that we had not sent the £35 fee or N245 and that the redetermination letter we had sent was useless and there was no such thing as a 14 day period in which to ask for a redetermination. Hubby was confused (he was trying to sort this out from work as the CCj is in his name and no-one will discuss it with me!). I phoned CCCS again and relayed what the court had told hubby, and CCCS said the court were wrong & that the fee is only to move to local county court (which our case has already done), and that there is a 14 day period and that the letter should have been fine!!!! They suggested phoning the court again and trying to speak to someone else. My hubby did this and got the same info as before.

Now what do we do? just turn up for the hearing and if the CO goes ahead, ask for instalments then??? Each time I phone CCCS i get different advice and have to repeat what's happened over and over and it is completely sending me bonkers (even more than before!). I am starting to feel hopeless now, my hubby wants to keep fighting, but I just don't feel I can take anymore.

we have now received B136(CO) from the land registry and I am terrified we will lose our house. I know I can send a letter of objection to the land registry but my brain is so addled now I don't know what to put down as my objections!!!! Or even if it's worth doing!

Our largest creditor (halifax) has now transferred us to Blair Oliver and Scott and I think it's all going to start over again.

Any advice would be helpful?

mjjj

poppyg_2

Hi, sorry I haven't got any proper advice, just wondered if it might be getting a view from someone such as the CAB seen as you don't seem to be having much look like CCCS or could you try getting a half hour free advice session with a solicitor?

RAS

Try CLA for help.

They would provide support if you wnet to court. Community Legal Advice - Website: Community Legal Advice Telephone: 0845 345 4 345

mojo-jojo_2

thankyou RAS and poppyg, I will certainly look into these.

In the meantime, I need to draft my objection letter asap, does anyone have any idea what grounds I can use to object??

- we have kept to the CCJ instalment order (although interim charging order issued after Restons got a redetrmination)

- we have applied for our own redetermination

- other larger creditors are still happy with our DMP payments and allowing a CO in favour of Restons will be giving them preferential treatment when we are treating all of our creditors fairly.

would these points be okay/ enough?

anyone?

mjjj