Charging Order/court Hearings

[steven4064]

I have a friend who got a letter from the local job centre to go with his ex160 too

[letitbeme]

Hi Diane.

Please don’t give up – you can ask the Department of Social Security (DSS) for a hardship payment and request it be replayed at £5 a month, just outline the situation to them – I’m sure they will be able to help

Regards LIBM

[ziggy04]

hello kind people thank you so much for your support and sdvice,i'm on income support/incapacity benefit, i thought the jobcentre was for people sighing on & looking for work ?. its makes me so upset that these DCA'S can get these charging orders quite easily, my house has been up for sale since december, i'm doing my best but iexpect they want their pound of flesh and some,

allways grateful for support Diane (ziggy)

[steven4064]

I think the job centre also doubles as the local office of DWP

[robcag]

..... i thought the jobcentre was for people sighing on & looking for work ? .....(ziggy)

 

I think it depends on individual Job Centres whether they have a benefits section or not. IMHO it would certainly be worth calling in there to explain your situation, and if they can't help directly with issuing a letter, if you point out that the letter is URGENT, they may be able to get one faxed through to them from whoever is dealing with your benefits, which would probably be quicker than snail-mail.

 

As I said before, if you can find the money from somewhere to pay, even if it's a loan from the DSS, you can claim it back, so you will not be out of pocket.

 

Cheers

Rob

[ziggy04]

thanks again everyone, rob, do you know how much the court fee is, it seems to depend on what you are asking for is it £35 0r £75 ? any idea ,thanks ziggy aka diane

[steven4064]

County Court fees

[ziggy04]

rahl thankyou for your suggestion can you tell me what a cpr 18 i rather ignorant about procedures & forms thanks,

thanks to pete (castlebest)fot your suggestions , don't remember anything about a deed of asighnment just a letter saying that they bought the debt from barclaycard & would i pay up forthwith .and the rest is history as they say thanks ziggy aka diane

[steven4064]

CPR18 is part of the Civil Procedure Rules which govern how the civil courts work. Part 18 deals with obtaining further information from the other side. Part 18 doesn't apply to the Small Claims Traack, though.

[ziggy04]

Hello all, i have resubmitted a N244 to apply to get the hearing moved to my local court,along with the £40 fee, haven't seen many success stories regarding charging orders though, but i rather they didn't get it by default,

i would like to send the DCA a S.A.R request but i don't have a driving licence or passport does anyone know of any other proof of i.d. i could use ? i would love to know exactly what i'm paying for,thanks

Ziggy

[ziggy04]

hello all

can anyone advise on my previous post with regard to proof of i d for a S.A.R request, also how would i go about getting information via a cpr 18 rules would i have to ask the judge directly at the hearing,or do i ask the claimant, i find all this legal stuff rather confusing, i certainly doesn't help,as i have retinopathy, (i'm blind in one eye & have partial detatchment in other which means i have to try to focus on text through,blurred vision & flashing lights), i have to get my son to help me read & type on the pc,so i apologise if i am asking questions that may have been answered elsewhere but its not possible for me to sift through loads of threads,i am going to ask my doctor for a statement with regards to my visual impairment etc so i can perhaps challenge the original ccj judgement granted to the DCA who has applied for the charging order against my home, but i expect that will take a bit of time

thankyou everyone

Diane

[steven4064]

hello all

can anyone advise on my previous post with regard to proof of i d for a S.A.R request, also how would i go about getting information via a cpr 18 rules would i have to ask the judge directly at the hearing,or do i ask the claimant, i find all this legal stuff rather confusing, i certainly doesn't help,as i have retinopathy, (i'm blind in one eye & have partial detatchment in other which means i have to try to focus on text through,blurred vision & flashing lights), i have to get my son to help me read & type on the pc,so i apologise if i am asking questions that may have been answered elsewhere but its not possible for me to sift through loads of threads,i am going to ask my doctor for a statement with regards to my visual impairment etc so i can perhaps challenge the original ccj judgement granted to the DCA who has applied for the charging order against my home, but i expect that will take a bit of time

thankyou everyone

Diane

Diane

 

You don't necessariliy need ID for an SAR, only if they ask you.

 

To get information under CPR18, you write a letter asking for the information saying it's under CPR18 and copyto the court. They don't actually have to comply unless the court orders them to. You can ask the court to make an order but that would involve another N244. You can also ask at the AQ stage.

[Mr lex]

Hi Ziggy,

 

If you have to provide ID, and I'm not sure that you do, a utility bill or two or perhaps one of their own letters to you should do.

 

Have they asked for ID ???

 

Lex

[ziggy04]

thankyou steven & mr lex ,sorry for my ignorance what is the AQ stage please ?

[steven4064]

Allocation Questionnaire - it's the next bit of paper you have to fill in

[Mr lex]

Hi Ziggy,

 

See here :-

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

 

Lex.

[ziggy04]

thankyou for that, i think i need a dummies guide to court proceedings ! or something like that

ziggy04

[ziggy04]

hello, had a letter from the court with regards to the charging order hearing can anyone explain what exactly what this means.

the letter was dated 15th may 08, date stamp on envelope was 22nd may received today 24th.

i sent a N244 0n 19th may to apply to have the hearing transfered to my local court, so its nothing to do with that letter as follows

 

GENERAL FORM OF JUDGMENT OR ORDER

TO the Defendant

mrs xxxxxxxxxx

address

 

Before deputy district judgexxxxxxxxx sitting at xxxxxxxxxxxx county court

address etc;

 

UPON READING A LETTER FROM THE CLAIMANT'S SOLICITORS DATED 9TH MAY 2008

 

IT IS ORDERED THAT

1. CHARGING ORDER PROCEEDINGS ARE STAYED WITH LIBERTY TO RESTORE

2THE HEARING FIXED FOR THE 30 MAY 2008 BE VACATED.

3.THE INTERIM CHARGING ORDER WILL CONTINUE IN THE MEANTIME

 

DATED 15TH MAY 2008.

as you will know by the contents of my thread that i have my house up for sale ,i want this hearing over and done with pay debts that i genuinely owe and move on

 

Does this mean that the interim charging order will stay on the property indefineately or until the claimant decides to continue with action to make it final

I don't understand this, surely it is in nobody's interest to drag this out

as i said i posted the N244 on 19th may

does this mean that i won't get the hearing transfered, surely they have to bring this action to a conclusion ?

can anybody help or offer advice i'm totally confused

thankyou ziggy 04

[ukaviator]

Hello Ziggy

 

The court must consider whether it is reasonable to make a charging order. Under The Charging Orders Act 1979 the court has to consider all the circumstances of the case and in particular the personal circumstances in your situation. Also Barclaycard would be "unduly prejudiced". This means the court has to decide if making a charging order would disadvantage other creditors. You could use this to make sure Barclaycard can't continue for a full charging order.

 

If you have a number of debts and making a charging order in favour of one creditor would give them unfair priority over other unsecured creditors. It is particularly useful if you can show you already have a payment arrangement in place with your other creditors. This would be upset by an order being made. Point out if any of the debts are larger than this debt and if any other creditors have frozen the interest.

 

Your creditor is supposed to list all the other creditors that they are aware of in the application for an interim charging order, do you know or have you seen anything from them on this?

 

If your debt is covered by the Consumer Credit Act you can apply for a Time Order. Ask the court to look at this application before the charging order. A Time Order can change the monthly payments and extend the length of time you pay the debt for.

 

If the debt is very small in comparison to the amount of equity in your home, argue that a charging order would be unfair.You can still apply to pay in instalments by using an application form N245, this may buy you some time to sell your home.

 

Are you selling your home because of this debt?

 

Have you asked for a Subject Access Request yet to see what charges have been added to the account?

[ziggy04]

hello ukaviator, thankyou for your reply,

we are selling the house to pay the debts off has been on the market since 20th december 07, got the interim charging order on 11th march , so

am unable to accept offers until the charging order is made final, i have recently set up a DMP with CCCS in the meantime so i can pay other creditors monthly until the house is sold,it seems ironic that i can't sell to pay my debts because of this interim charging order, barclaycard sold the debt to HFO services,

I am partially sighted with retinopathy blind in one eye and have to loook at print through flashong lights & visual disturbances, so all this paperwork from courts DCA'S is somewhat difficult to deal with, however my son helps me with the pc & typing but like me knows very little regarding legal issues & debt etc.

I have sent a lettter outlining my objections to the court,as the hearing was due to be heard on the 30th may to include that my other creditors will be predjudiced by thecharging order, the debt is in my name & not the co-owner, and that i am doing everthing in my power to sell the house,

i have received no communication from the creditor regarding the charging order,also i am sure that they have not listed all my creditors,

as i said earlier i don't understand why they applied for and got a stay on the charging order ?

thanks

ziggy

[ukaviator]

It does look like you may have a sympathetic judge. Have you asked for a full breakdown of the charges, fees added to the account, all information they hold on you?

 

Also consider getting the CCJ "set aside", and maybe launch a counterclaim for the charges with interest, there maybe enough there to seriously reduce this debt.

Edited May 24, 2008 by ukaviator

[ukaviator]

I have looked back through your thread Ziggy, and see that you don't really have any idea if the Deed Of Assignment was issued correctly to the DCA, charges on the account. You should get this information to help you fight back. There is a letter below you could send to Barclaycard:

 

Data Protection Act 1998 - Subject Access Request

 

Please supply me with all of the personal data that you hold to which I am entitled under the Data Protection Act 1998.

 

In particular, I require a complete list of transactions and charges relating to my entire history with your organisation including, but not limited to, the following :

 

a). A full transcript of all transactions, including charges, fees, interest, repayments, payments and, both the original amount of the Card Account, and all balances on the account since the Card account was first taken out, up until today.

 

b). Full transcripts of all telephone conversations and any notes made in relation to telephone conversations by your company, or by any company who you claim to represent, or who is representing you.

 

c). Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention.

 

d). True copies of any Notice of Assignment and/or Default Notice that may have been sent to me, including documentary proof of delivery.

 

e).Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

 

f). Details of any collection charges added to the account since it was first opened; specifically, the date they were levied, the amounts, a detailed financial breakdown of how these charges were calculated, and what the charges covered.

 

g). Specific details of any fees/charges levied by any other company/agency in respect of this account and a detailed breakdown of these fees/charges, what each charge relates to and on what dates these fees/charges were levied.

 

h). A genuine copy of any Deed of Assignment, or other documentary evidence (equitable or absolute), either issued or received, that gave a third party company the legal authority to pursue this matter.

 

i). A complete list of third party agencies to whom you may have disclosed my personal data over the years, together with a summary of the nature of the information you have disclosed.

 

j). Documentary evidence of the County Court Judgement, including the balance upon Judgement and any documentation relating to the application of post-Judgement interest.

 

k). A copy of your Complaints Procedure.

 

l). Clarification of the date when any third party company acquired the alleged balance on this account, what organisation they acquired it from, their registered office, their company number (if any) and what legal title they had at the time that the alleged debt was assigned.

 

Under the Data Protection Act 1998, I require this information to be furnished within the next forty days. I enclose the statutory maximum fee of £10.

 

Yours faithfully,

[ziggy04]

hello again no i haven't as of yet , i have read that as they have a ccj against me that they don't have to reply to request for cca's i have read abou S.A.R's on the forums, my credit limit as i recall was £3.700, the default balance about £4.500, so i presume there were charges added on by barclaycard , then when the DCA bought the debt it spiralled to £5.750

and that what they got awarded by default as i did not go to the hearing as it was 150 miles away ;i have to have someone with me when i go anywhere, also at the time i was unwell, i suffer with stress related problems & severe depression just couldn't deal with it at the time,i never dreamed it would come to this, iam seeing my doctor to ask for a letter to confirm my sight disability , depression etc, for the court, blood pressure id extremely high so i've been told !! can't wonder why !!

i did not intentionall get my self in this mess iits just circumstances that got out of control, by the way i have enough equity in my little house to

settle my debts and will just about be able to get something small to live in, that why i want to sell now & get all this behind me ,i wish i had found CAG sooner infact my son found it

so thats a brief outline of my circumstances and what ive done so far

the court has n244 do you think they will move the final charging order to my local court ?

thanks ziggy (Diane)

[ziggy04]

thanks to aviator for the above advice, with ref to post 43 that i posted earlier the stay of proceedings was due to a letter received by the court from the DCA who are persuing the charging order, so this means that the case has been halted does anyone know if this would be temporary,and who will decide when the case will go ahead? or do i have to repond to the court, cannot send a S.A.R for a wek or so short of funds, had to pay £40 fee for the N244 bit short of funds !

ziggy

[ziggy04]

Hello again everyone i hope to hear from the court (hopefully this week ) with regards to my request to have the hearing transferred locally,i'm worried that this is going to drag on forever !,in about a weeks time i will be able to send a S.A.R request to barclaycard do i have to send one to the DCA who bought the debt. ?

please see my post no.43,

thankyou ziggy