Charging Order/court Hearings

[ukaviator]

Hi Ziggy

 

You just send the request to Barclaycard. Are you selling your home just to clear this debt?

[ziggy04]

hello, ukaviator,

not entirelybut it is a major factor as i have no other way of raising the money to clear my debts this is the biggest debt, though it has been inflated by approx £1800-£2000 by barclaycard and the DCA who bought the debt, and i don't want to be hounded anymore they are so ruthless,

i was told by one to remortgage the house, well i'm not going to do that

on incapacity benefit ! its a combination of factors really, the debt & ill health being the main ones

its got to a point where i just can't sleep now was still awake at 6 am this morning its a vicious circle really.

the court has cashed my cheque for the N244 fee so i hope it won't be too long before i hear if & when the hearing is to be held locally,

thankyou for taking the time to reply to my post, really appreciate how hard the moderators & site helpers do to help, and not forgetting all who contribute and offer support the CAG is the an amazing site

ziggy

[ziggy04]

hello all

just an update really , HMCS cashed my cheque for the N244 request to move hearing to my local court that was 2 weeks ago haven' heard a thing yet, does anyone know how long these requests take to process ?

i wonder if it has anything to do with the stay of proceedings issued by the court on 15th may, this was a request from the claimants solicitor according to the information on the general form of judgement, i must admit i'm confused as to what is going on now & what i should do next,i hope this doesn't drag on & on

ziggy 04

[MAGDA]

Hi Ziggy, I know you say you are selling your home to clear debts, but there are other far less drastic options available to you. I take it your debts are all unsecured? If that's the case, then personally I would keep your home and pay whatever you can afford on your debts. I would definitely CCA all of your creditors to see if they have a valid agreement for the debts and to find out which ones are actually enforceable. If the hearing for the charge does go ahead, then you can ask for certain conditions to be imposed, such as the claimant not being able to force the sale of your home, especially as you have health problems anyway. I know that the decision to sell your home is your own, but sometimes when there doesn't seem to be any light it's easy to rush into things which we regret later, and obviously your home is very important. Hope it all works out ok, Magda

[robcag]

..... HMCS cashed my cheque for the N244 .....

 

Hi ziggy

 

Just a thought, but are you receiving any benefits of any kind, or maybe on a low income?

 

If so you would probably be exempt (or partially-exempt) from paying court fees for applications etc.

 

If you are exempt you can claim back any fees you have already paid up to 6 months later.

 

To claim exemption or to re-claim fees already paid you need form EX160A which is downloadable (and includes some explanations).

 

Cheers

Rob

[ziggy04]

hello all, not been feeling too great recently,so haven't visited the forum lately, just an update, i heard from the original court that was hearing the charging order petition ,informing me that the hearing is being tranfered to my local county court that was dated 30th may, but have heard nothing since,there is a stay of proceedings on the case so i don't quite know what to do next ,do i have to apply to have the stay lifted ? does anyone know,i'm a bit sick of all this now, i did get a letter from my doctor with regards to my health issues to show the court ,i'm pleased about that cost £20 though.

 

magda, thankyou for your input & taking the time to read my thread, i decided that i would sell the house to clear my debts & to move nearer to my daughter, but i'ts just my luck that there is a housing crisis just as the house went up for sale, so i'm not holding my breath! i don't think i will be going anywhere any time soon . the market is absolutely dead in my area,

i've just started a dmp with cccs but i haven't cca'd all my creditors.

 

robcag, thanks for your comments, i didn't have a recent letter of entilement for my incapacity benefit aparently it has to be no older than a month and my ex160a was returned to me so i had to pay the fee.

 

thanks to all ziggy04

[robcag]

robcag, thanks for your comments, i didn't have a recent letter of entilement for my incapacity benefit aparently it has to be no older than a month and my ex160a was returned to me so i had to pay the fee.

 

 

Ziggy

 

You can still get the fee you have already paid returned to you by obtaining a letter of proof that you were receiving a qualifying benefit at the time that the fee was paid. See my comment above.

If you are exempt you can claim back any fees you have already paid up to 6 months later.

 

I have done this myself at the end of last year. I didn't have suitable proof at the time of making an application to amend my defence so had to pay the fee. I then obtained a letter of proof and re-submitted a fresh ex160 to re-claim the fee which was paid to me in a couple of weeks or so.

 

Cheers

Rob

[MAGDA]

Hi Ziggy, good luck with the court case - hope it all works out for you, I know how you feel when you say you are fed up with the whole thing, it gets to a point when you just want it to be over and done with. Hopefully things will go in your favour anyway. Try to stay positive, I know it isn't easy, Magda

[ziggy04]

hi magda bless you thanks so much for your words of support, i do appreciate the help & support from cag members.

i phoned my local court today as its 6 weeks since the notice or transfer that i received from the original court, and would you credit it ! they have no details on file regarding my case, the original court had sent the details 'electronically' i imagine by computer but the local court haven't got anything of their system, and then told me to chase it up ! it beggars belief, i didn't find the original court very helpful when i have spoken to them on the phone, infact i thought they talked down to me, i'm just another debtor to them, so it looks like this is going to drag on & on & on, if i hadn't of phoned i would be none the wiser, i've had this interim charging order on my home for 5 months now, i'm really peeved right now

can't see the light at the end of the tunnel . ziggy04

[MAGDA]

Hi Ziggy, your local court sounds really helpful, you would think they would chase it up for you! If you want things to move along a bit quicker (I know you have the interim charge on your property) then maybe it would be a good idea to write to the original court explaining that your local court have not received the info and therefore they have no record of your case. I'm surprised the claimant hasn't chased it up either. They are probably too busy getting charges on the properties of all the other people they are chasing. You do have a good argument for the court though, given your poor health and also the fact that a percentage of the debt is probably made up of charges/interest on the charges. The doctor's letter you have should certainly help. It might be a good idea to write into your local court once they have all the paperwork, before the hearing for the final charge is held, and outline the reasons why a charge would not be appropriate, after all, you took out an unsecured loan not a secured one, and highlight your medical problems and the negative effect the stress of this is having on your health. I have four cases myself going on at the moment, the claimant decided to issue claims for four accounts at the same time, so I know it is not a nice situation to be in. But, just remember, there is always light at the end of the tunnel and if you stick to your guns, hopefully you'll get the outcome you want. Take care, Magda

[ziggy04]

thanks magda you must have read my mind !! i wrote to them last night requesting that they forwarded the case details to my local court, i sent it recorded delivery incase they lost it as well! i haven't heard anything from the claimant but like you say i expect they are busy persuing some other poor souls, it seems from what i've read on the forum that it is the done thing among DCA's to go for charging orders regardless of situations or circumstance.and the judges seem to go along with it, i will update my thred when i hear back from the court.

 

sorry to hear that you have your hands full with your cases wow, that must be stressful for you i hope you are winning , i hope things work out for you in the long run , take care ziggy

[MAGDA]

thanks Ziggy, will let you know how it goes. You are right, they all seem to want to get charges now, even though the debts are unsecured which is really unfair - they don't always get their own way though, so that is something. Good luck with your own case, hope they manage to sort it out and get it transferred properly this time! Magda

[ziggy04]

hello again magda, thanks for that, as i said before i wish i had found this site before it had got to this stage i'm afraid i was very ignorant of the law and my rights, i didn't understand the court forms so i didn't dispute or defend my case and the the rest is history,as it were

i have retinopathy so i'm blind in one eye with very limited sight in the other , though i get help from my son on the computer, it takes me quite a while to read threads but i get there eventually. i have been reading your thread about asset link, what a horrid lot, it must be difficult for you

to know whwere you are, but it seems to me that you are holding your own & have great support from the contibutors to your thread,it make me see red when these dca's get away with adding hundred's or thousand of pounds in charges to accounts & profiting from the misery they cause ,they get away with it by flouting & bending the rules and by putting obstacles in your way and being as obstructive as possible it makes your blood boil doesn't it. not good for the bloodpressure take care ziggy

[MAGDA]

Hi ziggy, I know what you mean, this site is a God send isn't it. I would be lost without it, as otherwise people like us wouldn't have a clue about our rights. One of my accounts was for less than £4000, but now it is nearer to £6,000. Like you say, they get away with adding huge amounts of interest and charges and you end up owing more than you started with. Anyway, take care and look after your health above anything else, as that is the most important thing. As you say, all of this certainly isn't good for the bloodpressure!

Let us know when you get any news from the court and good luck again.

 

Magda

[ziggy04]

hello all, its been a while since i posted on my thread,i think my Charging order case has ground to a halt ! i haven't heard anything since receiving a general form of judgement from the original court see post 43# stating that the case is stayed and a notice of transfer of proceedings dated 30th may 08, i spoke to my local court where it will now be heard at ,but they had received no details from original court and told me to chase it up, i wrote to them recorded delivery but still haven't heard anything, is this normal for the courts to take so long ? i've had the interim charge on my property for almost 5 months now i'm finding this very tedious now.

 

not had any luck with the house sale, the market has ground to a halt completely around here, but if was luckly enough to get a buyer, i wouldn't be able to complete with the interim charge on the house, can't win either way its a right pain in the backside

ziggy 04

Edited August 3, 2008 by ziggy04
spelling

[Mr lex]

Hi Ziggy,

 

It would be a good idea to ring the original court and see if they can put any light on to it.

 

As far as the house sale goes, have a look here and see what other properties have 'really' sold for in you postcode, not the inflated prices sometimes dreamed up by the agents :-

 

Free UK Sold House Prices - Nethouseprices.com

 

I am sure you will find the interim charge is easy to lift if you have a sale offered.

 

Lex

[ziggy04]

hello out there,update, still no notification from local court with regards to the final co hearing, the case still has a stay on proceedings though iwas not given an explanation to why this was happening,seems abit odd to me iwould have thought that the dca would have prefered to get a final charge asap .housing markit still non existant around here so no sale yet, is it correct that as i am a co-owner of the property with the interim co on it that the dca cannot register the charge with the land registry ? read that somewhere on CAG,

ziggy04

[MAGDA]

Hi Ziggy, nice to hear from you again. Personally, I would contact the court Manager in writing stating that there has been a stay in proceedings and you wish to know the reason why and also emphasise that the stress of the situation, as it currently is, is detrimental to your health. I would ask if the claimant intends to proceed with the final charge and if so, why then has a stay been issued? I think the charge can still be registered with the Land registry as far as I know, but only on your share of the property. How they manage this, I'm not quite sure. Perhaps someone else could offer a bit more information on this. all the best, Magda

[ziggy04]

hi, Magda thanks for taking the time to reply to my thread, yes i am thinking about writing to the court, been a bit down lately, my son who has been my rock & carer as my sight has deteriorated, has had to go & live with my daughter in order to find work in northamptonshire there is nothing in this area for him & the jobcentre staff treated him like dirt, so i am trying my best to cope but i miss his support,i certainly don't have the mental strength that you have right now,that's for sure.

ziggyxxx

[MAGDA]

Hi Ziggy, listen, you've come this far, so try to keep going a bit longer and hopefully things will all work out in the end. I'm sorry to hear about your son, I know you must really miss him, I understand that as my family are very close as well. The work situation is dreadful isn't it, and yet all the politicians would have us believe otherwise, and on top of that most people are struggling to live with the cost of everything so high. The court shouldn't be keeping you hanging on like this - it really isn't fair. If you can, try to get a letter off to them and say that you need to know what is happening with the case. I know it isn't easy, it does get me down sometimes, but then I think well, you have to keep going and hopefully it will work out, as I'm sure it will in your case. It seems strange that they haven't gone for the final charge, perhaps it's not all as clear cut as they thought. Take care, keep us updated, Magda

Edited September 2, 2008 by MAGDA
typo

[MAGDA]

Hi Ziggy, hope you are ok. Let us know how things are going.

 

Magda

[ziggy04]

HI Magda, thanks for asking after me, your very kind, well i'm not feeling to well at the moment, got tonsilitis feel very achy & tired, i expect its because i've been very stressed since my son, jon moved away,i'm pleased to say he has got a job,agency work minimum wage etc but it's a job, he want's to help me, bless him,he hates the DCA'S on my back bless him,i haven't wrote to the court yet,not felt up to it this week. had someone look at the house on saturday, not holding my breath though, thats our first viewing since march. but its a buyers market,and what with the banks holding back on mortgages,but we live in hope, goingb to pop over to your thread now to see what's happening...ziggy

[MAGDA]

Hi Ziggy, sorry to hear you are not too well at the moment. My daughter has had a very sore throat and cold, so perhaps there is something going around, although yours sounds a lot worse. That's great that you son has managed to get a job, I know there isn't a lot around, so at least that is something and it's nice of him to want to help you - some wouldn't care less would they. When you are feeling a bit better and get the time, ask your creditors for a copy of the credit agreement (if you haven't already) and you can then legally stop paying anyone who can't provide it, as the debt will be unenforceable in court. I know people have different opinions on this, but I think when they treat you as appallingly as some of them do, then I am only too happy to stop payments to them. I still make payments to the creditors who have treated me well (few and far between!) despite a non-enforceable cca, but this isn't the case with most of them. Anyway Ziggy, hope you have good luck on the house sale, fingers crossed, and hope you are soon feeling better, Magda

[MAGDA]

Hi Ziggy, thanks for looking in on my thread. Hope your SARs request is successful and gets you the info you want. As you say, don't hold your breath though. I expect you will be glad when this is all over, even when you aren't really thinking about it, it's sort of at the back of your mind isn't it? I know I'll be glad when all of mine are sorted. It's time consuming if nothing else. How is your house sale coming along? any luck? Hope your son is getting on ok in his new job and that you are feeling better now. Best wishes, Magda

[ziggy04]

hi Magda, great to here from you & that you are ok great news about your second case being struck out you are doing very well , my case is still stayed not heard a thing perhaps no news is good news, who knows ?. i was not given any explanation to why the case has been stayed, but knowing the dca involved , HFO ltd nothimg would surprise me, i have read many threads on here regarding them they are one of the worst, devious, they are good at producing fake paperwork at court apparently, i blame the judges to a certain extent they appear not to even glance at the documentation produced for the ccj, let alone check to see that it is correct and above board, i have found out that because the debt was in my name only that they can only register a restriction with regards to the property as it is in joint names that may be a factor in why they havn't gone for a final charge, but i'm not sure. but i will try and get some of the jumped up charges & fees back but that will depend on what information i get back, i think it would probably waste of £10 to s a r HFO ltd who bought the debt because they never produced documentation even when ordered to by the courts from what i've learned on here, and again they seem to get away with it.

no luck on the house front, but its no wonder with whats happening on the news with the banks etc, the trouble is you can keep dropping your asking price but it will not make any difference until the banks start lending on mortgages. Jon is still working, though the agency is messing him about with his wages by underpaying him he is not too happy at the moment. i'm not too bad now,the old bones are cracking up ! got to go for some x rays on hips & back got a bit of arthitis going on i think, bit of a nuisance as we don't have transport but that's life, take care best wishes ziggy