CAN ANYONE HELP WITH THIS, DO I HAVE TO TURN UP.HOW DO I DRAFT A LETTER TO DEFEND IT.AND WHO DO I SEND IT TO

Hello, . I am 40 years old. Myself and my wife have been on a debt management plan for a year now with payplan.We have 15 creditors and and all are ok so far. The only exception is Tesco loan. They have chased us mercilessly via Incasso solicitors. They took me to court for a CCJ in may, this was granted and the payment figure was £26.60 the same amount as My plan with payplan. They took me back to court in July to ask for permission to apply for a charging order, the judge did give them permission but would not be enforceable as long as payments were kept up. In that hearing incasso said I never made correct payments, but at the the time I didn’t take that in. The fact is they have always had the correct payments. So incasso are again taking me to court in September for an interim charging order. The only problem I can see with payments is the CCJ was for £26.60 that was against me, but the loan is a joint loan with my wife, Payplan split the payment and sent £13.30 to Incasso( solicitors) and £13.30 direct to Tesco. Payplan said that in the future incasso could then take my wife to court and get a further £26.60 from her. So doubling the payments. Payplan have now changed there payments and sent the full amount to incasso( Tesco solicitors) The house is in negative equity, we have young children, my wife has a disability, all other creditors are fine Is there any other defence I could make. DO I SEND A DEFENCE TO INCASSO AND THE COURT, BEFORE THIS HEARING.ALSO THE HEARING DOESNT INVITE ME TO IT. Thankyou Andrew My thread can be found here - http://www.consumeractiongroup.co.uk/forum/legal-issues/215178-help-needed-re-court.html

Thanks for the reply's has anyone got any tips on completing a witness statement.

Anyone,Thanks

Hello, should I write to the court and Incasso with my objections, or wait to do it on the day, in court.Thanks

Hello, . I am 40 years old. Myself and my wife have been on a debt management plan for a year now with payplan.We have 15 creditors and and all are ok so far. The only exception is Tesco loan. They have chased us mercilessly via Incasso solicitors. They took me to court for a CCJ in may, this was granted and the payment figure was £26.60 the same amount as My plan with payplan. They took me back to court in July to ask for permission to apply for a charging order, the judge did give them permission but would not be enforceable as long as payments were kept up. In that hearing incasso said I never made correct payments, but at the the time I didn’t take that in. The fact is they have always had the correct payments. So incasso are again taking me to court in September for an interim charging order. The only problem I can see with payments is the CCJ was for £26.60 that was against me, but the loan is a joint loan with my wife, Payplan split the payment and sent £13.30 to Incasso( solicitors) and £13.30 direct to Tesco. Payplan said that in the future incasso could then take my wife to court and get a further £26.60 from her. So doubling the payments. Payplan have now changed there payments and sent the full amount to incasso( Tesco solicitors) The house is in negative equity, we have young children, my wife has a disability, all other creditors are fine Is there any other defence I could make. Thankyou Andrew

Thankyou

Hello, Could a creditor take money from a childs savings account.I have debts with a creitor, my kids accounts are with the creditor.My name is on there accounts because they are under 10. I was just wondering if the creditor can raid the kids account, because my name is on there. Thanks

Hello all, Just come back from court.i was absolutly terrified, why I dont know.When i got there its was just a waiting area in some offices.There were lots of other people from all walks of life waiting to be seen. Tesco solicitor came and had a word, she was very nice.So I went into see the judge and she was very nice. So what the judge decided was I think ?. An installment order for the same amount I offered. She gave permision for tesco to apply for a charging order if I didnt pay the installment order.She also noted that the sale of the house would not be aloud. I think that is basically what was said.I was so nervous, its escaped me a bit. So will they send a new judgment out?? Thanks for the reply's

Great thanks, anyone else.In court in the morning

Just wondering what happens in court, will I get a chance to put my side accross.Thanks for the replys

The ccj was granted 2 months ago in northampton, im happy with the ccj as much as i can be.It was for the exact amount i can afford.CCJ's arnet good but my credit is ruined anyway now. I just fear being made homeless by tesco, i have a sick wife and 2 small children

Hi, yes they did get a ccj granted it was for exactly the same amount as I pay on payplan. But tesco immidiatly applied to go back to court.Paypal asked for it to be heard in my local court. That is this coming wednesday.I put wrong date on initial post. Tesco are going for the whole amount so they can get a charging order. Just like to know what i could say to the judge in my defence.I have acted as responsibly as i can by getting advice and help from paypal and have paid on time for the last 6 months since my plan started. All my other creditors 12 of them have been ok, its just tesco.

Hello i am in court on tuesday 12-05-2009 . It is regarding a loan with tesco.It is a joint loan, but tesco are only chasing me.We are paying our debts through payplan. I already have a ccj from tesco but it was for the exact amount paypal suggested.Tesco immideatly asked for tit to go back to court which is tuesday. tesco solicitors sent me some paperwork today stating they dont accept the ccj payment and want the whole amount, so they can go for a charging order.They are also asking the court to vary the order forthwith. It also says if the court is minded to grant an installment order, leave is requested to apply for a charging order but not to be enforced if payments are maintaned. If our home is sold there wouldbe no money left as we have a secured loan.We also have 2 young childern, and my wife is sick and has been for 10 years now. Any help welcome please

Hello,I requested a True CCA from M&S Money and recieved this, see below. I think it is not totally above board. On the first page it has a list of charges that would be applied to the account, I.E late payment. But all the charges are for £12, but in 2006 when this CCA was signed the charges were definatly not at a rate of £12. Thanks

Just updating

Hello all, Amex have replied with this letter, regarding my CCA request.They also sent a copy of the above data sheet.And a load of terms and conditions stuff.Still nothing with any prescribed terms.I have blanked out all personnel data. What letter do I send to them now

Hello all, Amex have replied with this letter, regarding my CCA request.They also sent a copy of the above data sheet.And a load of terms and conditions stuff.Still nothing with any prescribed terms. What letter do I send to them now

Hello all, Amex have replied with this letter, regarding my CCA request.They also sent a copy of the above data sheet.And a load of terms and conditions stuff.Still nothing with any prescribed terms. What letter do I send to them now

God bless you

Hi, I dont dispute the debt at all.I went with Payplan 6 months ago.With the intention of a short term plan to take me through a difficult period. Tesco (incasso) have been nothing but disgracefull in the debt recovery.They have lied and contradicted each other on more than 1 occasion. I was never defaulted by tesco(incasso were not interested in this). Incasso did not co opereate in any way with CPR request ETC. I sent the original court forms to payplan and they filled them in.The judgement came back exactly the same figure as payplan originally suggested( I was happy with that as I have heard horror stories from northampton court of payments being set a ridiculous amounts and in turn this as ended up with a charging order.). Payplan have now informed me there legal team want this case heard at a local court.This is to do with it being a joint loan and tesco(incasso trying to be a bit crafty in getting more money out of the deal). Maybe payplan see something a mis here. I would like to make very clear.I fully except my debt and I am working very hard to sort this out.I currently work 60 hours a week( in an industry were 37 is more than enough). I seek advice on the net and spend hours seeking that advice.I also spend a lot of time and money filing and copying everything that come through the letterbox. It takes up all my spare time.But to be honest with you I dont understand any of it.I JUST WANT TO PAY MY DEBT BACK AT A LEVELTHAT I CAN TRULY AFFORD,AND IN THE FUTURE MAYBE MY CICUMSTANCES WILL IMPROVE AND I CAN PUT AN END TO THE DEBT. THANKYOU

Hi, I dont dispute the debt at all.I went with Payplan 6 months ago.With the intention of a short term plan to take me through a difficult period. Tesco (incasso) have been nothing but disgracefull in the debt recovery.They have lied and contradicted each other on more than 1 occasion. I was never defaulted by tesco(incasso were not interested in this). Incasso did not co opereate in any way with CPR request ETC. I sent the original court forms to payplan and they filled them in.The judgement came back exactly the same figure as payplan originally suggested( I was happy with that as I have heard horror stories from northampton court of payments being set a ridiculous amounts and in turn this as ended up with a charging order.). Payplan have now informed me there legal team want this case heard at a local court.This is to do with it being a joint loan and tesco(incasso trying to be a bit crafty in getting more money out of the deal). Maybe payplan see something a mis here. I would like to make very clear.I fully except my debt and I am working very hard to sort this out.I currently work 60 hours a week( in an industry were 37 is more than enough). I seek advice on the net and spend hours seeking that advice.I also spend a lot of time and money filing and copying everything that come through the letterbox. It takes up all my spare time.But to be honest with you I dont understand any of it.I JUST WANT TO PAY MY DEBT BACK AT A LEVELTHAT I CAN TRULY AFFORD,AND IN THE FUTURE MAYBE MY CICUMSTANCES WILL IMPROVE AND I CAN PUT AN END TO THE DEBT. THANKYOU

Any Advice People. Thanks

Any Advice People. Thanks

Hello I recieved this from the court granting tesco(incasso) a CCJ.It is for the exact amount that I pay into my DMP with paypal.What I dont understand is, payplan have just e-mailed me saying they have sent documentation to the court and asked for it to be heard at a local court. I have phoned paypal but they have gone now.I was just wondering what paypal are doing.Surely getting the same amount set by the court is a good thing.I was expecting the court to suggest something ridiculous.I an happy with the amount set,which is what I pay anyway. I just dont understand what Paypal are doing now and what they hope to achieve.I dont understand the system at all. I have blanked out a copy of the CCJ attached below. Thanks