Repossession Order - American Express

AK070908

Hi guys/Ladies,

I need your help!

I ran up a £3,000 American express credit card bill and they (their solicitor - John drake) took me to court back in Oct 2006 and obtained an interim charging order. A final Charging order was granted in March 2008 and today I received a repossession hearing from Brighton Magistrate for 17th July 2008.

The debt now stands at £4,800 through extra charges being applied to the debt. My understanding is that the debt was £3,300 at the time when the debt was passed to their solicitor.

I did contact them in March 2008 after the final charging order was granted to offer them £100 p/m but the lady I spoke to was very rude to me and started threatening me about selling my home. My pride took the best of me and I basically told them to F off and will wait for them to try and sell my house for such a small debt which is regulated under the consumer credit act. Now this thing is back to kick me where it hurts.

My property is a share ownership property where I own the half and the housing association owns the other half. For some odd reason the court paper work, the land registry documents, an estate agent external valuation document (which valued my property at £145K and indicated that it was a 2 bedroom end terrace) all fail to mention that I don't solely own the property.

Fact, the property is a 3 bedroom and it was valued only last week at £160K but I only own the £80K with a £56K mortgage outstanding.

I also live over 200 miles away from Brighton. Although I wish to set up a regular payment plan, I really do not want to pay them £4,800 when the initial debt was £3K.

I am unsure as to what to do. So please any advice, suggestion, experience - any thing at all will be very much appreciated.

Many Thanks in advance.

Bismarck

I also live over 200 miles away from Brighton. Although I wish to set up a regular payment plan, I really do not want to pay them £4,800 when the initial debt was £3K.

...I think from this point you need to look at the options you now have
a) eat some humble pie and pay somewhere between what you actually owed and their figure
b) have them go through with everything and try and kick you out

Pride is sometimes expensive and inconvenient. Yes the lady was rude to you but you challenged her to do something about this...when you're in the deep brown stuff it's sometimes best to keep your mouth closed.

AK070908

Bismarck wrote: »

I also live over 200 miles away from Brighton. Although I wish to set up a regular payment plan, I really do not want to pay them £4,800 when the initial debt was £3K.

...I think from this point you need to look at the options you now have
a) eat some humble pie and pay somewhere between what you actually owed and their figure
b) have them go through with everything and try and kick you out

Pride is sometimes expensive and inconvenient. Yes the lady was rude to you but you challenged her to do something about this...when you're in the deep brown stuff it's sometimes best to keep your mouth closed.

Yep you're 100% right there. Although I am not that worried about losing my home - because I reckon the judge will rule some kind of a payment arrangement - maybe the £100 p/m I initially proposed which I can afford.

Just want some help on how to defend this particularly the massive charges added to the initial £3,000 debt - How to fill the forms and How to go about moving the hearing to a cour near me.

Thanks

AK070908

Bismarck wrote: »

I also live over 200 miles away from Brighton. Although I wish to set up a regular payment plan, I really do not want to pay them £4,800 when the initial debt was £3K.

...I think from this point you need to look at the options you now have
a) eat some humble pie and pay somewhere between what you actually owed and their figure
b) have them go through with everything and try and kick you out

Pride is sometimes expensive and inconvenient. Yes the lady was rude to you but you challenged her to do something about this...when you're in the deep brown stuff it's sometimes best to keep your mouth closed.

Yep you're 100% right there. Although I am not that worried about losing my home - because I reckon the judge will rule some kind of a payment arrangement - maybe the £100 p/m I initially proposed which I can afford.

Just want some help on how to defend this particularly the massive charges added to the initial £3,000 debt - How to fill the forms and How to go about moving the hearing to a cour near me.

Thanks for replying

Anyother helpers out here?

AK070908

The hearing is set at 3pm 16th/07/08 at Brighton County Court(Note the case may be released to another judge and possibly to a different court)There is an acknowledgement of service form I have to complete (form N210)The options are A-F;A:- Don’t intend to contestB:- Intend to contestC:- Intend to disputeD:- Object to Claimant Issuing under this procedureE::- Intend to rely on written evidenceF & G: Requires my signatureI was also sent a claim form N208 – For Claimant to be given possession & sale of the leasehold property. This reads;On 12/03/07 claim no 6BN05429 in Brighton County Court, The claimant was granted a final Charging order to secure £4,593 + £209 judgment debtClaimant is asking for possession of the following grounds;1. £4,935+£2092. The balance under charge is £4,802 – made as follows;JudgmentCostLess receivedPlus interest from date of judgment 28/10/06 to 19/07/06 (reckon they should have read as 19/07/07) £280Charging Order CostPlus other fix costAmount of debt The Claimant has issued proceeding & obtained judgment in Brighton CC on 28/10/06 in absence of payment, the judgment was secured by way of charging order payment of amount has been requested without successIt also shows me owing my mortgage at £68,626 (not sure how as my balance stands at £56K and when I bought my half in march 2003 it was for £65KShows the housing association balance as £0.00The following statement was also part of the court papers;No notice or caution pursuant to sc(8) of the matrimonial home act 1983 or s31(10) of the family law act 1996 or s2(3) matrimonial act 1967 has been registered in respect of propertyGuess this means that they are not aware that I have a wife & two kids?Stevendrake Solicitors acting on behalf of American Express UK are asking the court to do;Property to be sold without further reference to the court at a price not less than £145K - This is the external valuation report provided to them by a local estate agent back in 16/10/07Me to delivery up possession of property to claimantThere were other listed things that the court is being asked to do – but the above are two are the most importantGoing back to 12/03/07 when I think the final CO was granted;Sitting at Brighton CC heard the solicitor for claimant & defendant not attending, the court ordered that;1. The charges created by the order made on 01/12/06 shall continue2. The interest of defendant in the asset described in the schedule below stand charged with payment of the sum of £4,593 & £209 cost of application3. The costs are to be added to the judgment debt.There was also a standard land registry report papers included.

cassy

you should apply to the court to have it transfered to your local court, if you can not make an agreement with them