Charging Order/court Hearings

[ziggy04]

hello to all of you out there, this is my first time on the consumer forum,

can anyone help me withh filling in a N244 COUNTY COURT FORM,

i have been sent an interim charging order by a D C A, with a hearing set for end of may 08 at Wandsworth county court in London

This is approx 150 miles from where i live on the east coast, i have no transport & i am partially sighted, i want to get the court hearing moved to my local court, and i have to fill in this N244, which my son printed of the internet for me, but it doesn't have any thing on it about changing court venues, i don't know what to put where !! all this is doing my head in ,is anyone out there done this ? any help would be great thanks;)

Edited May 13, 2008 by ziggy04

[ziggy04]

hello Lex, great to meet you, thanks for helping, i wish i found this site last year ! got myself in a mess financially , its a bit of a mindfield to me, thanks again Ziggy

[ziggy04]

hello hobbie, thanks for looking at my thread nice to meet you thanks Ziggy

[ziggy04]

thanks for your reply,

the original debt was to barclaycard,the original debt was approx £3,700, when i defaulted ,the debt was sold on to a D C A They took me to court and a ccj was granted and i have a instalment aggreement of

£50.00,i am up to date at the present time with my payments to them , but in february i was late with one payment but i did pay it, so i expect that was when they applied for an iterim charging which i received in april, with the final charging order date set for end May 08 at wandsworth county court in london, i live in gt yarmouth on the east coast approx 150 miles away, i am going to try to get it moved to Lowestoft county court.

there is no way i could get there due to the distance involved i don't drive or have transport i am partially sighted & have other health related issues

Around the time that i got the ccj summons i had Bells Palsy and was not well enough to go to the hearing so i sent the forms back, i realise in hindsight that i should have challenged the amount claimed, the ccl was for £5,752.76 which i expect were penalty charges added by the creditor,

i am sure it was bumped up over £5,000 so they can charge extra interest

if the charging order is made final,the annoying thing is that i have my house up for sale so i can clear my debts, but can't sell until after the hearing, but what with the housing market the way it is it still may take a while, i wish i had done things differently , but that's the beauty of hindsight isn't it, its not doing much for my blood pressure that for sure!

anyway that the long & short of it by the way i am co owner of the property being charged & the debt in registered against me, thanks for taking the time to help much appreciated

Ziggy

Edited May 13, 2008 by ziggy04

[ziggy04]

hello Steven thanks for your help with the N244 just one other thing do i have to put anything in the two boxes at the top of the form, where it says how do you wish to have your application dealt with etc; and the claim no & defendant box , heaven knows how i'll get on when i got to court not looking forward to that ! thanks again

Ziggy

[ziggy04]

hello all,just sent of N244 form to get hearing moved to nearer my home, just have to wait & see what happens

[ziggy04]

Hello all, as i already have a ccj & interim charging order,does anyone know whether i could claim back any excessive charges as i suspect the dca & original creditor added, if so how do i go about it? grateful for any advice thanks

ziggy

[ziggy04]

hello thanks for the advice,i did state on the N244 form that i had a severe sight sensory impairment,but i could certainly send a follow up letter,i hope they transfer it , because i haven't a chance of getting to London thanks

ziggy

[ziggy04]

hello to all

i wonder if anyone has any views or advice for me, a brief outline of my situation,got a lot going on at the present time hope you will bear with me!! i am going to court in a few weeks to attend & oppose a final charging order on my house, this has arisen from having a ccj for a barclaycard debt, however the debt was sold onto a DCA & they persued it through the county court. (i was unable to attend at the time as i was ill) . iv'e been & still are paying the amount oredered by the court but was a

bit late paying one instalment & that how i've got to this stage regarding the charging order,

i am relativelly new to the forums and found this site trying to find advice on the net,anyway

Now the original lender & the DCAwho now owns the debt have between them added approx £2000 in charges/penalties.

i know i cannot do anything about the ccj, but would like to know if i can find out what i have been charged for & would i have any grounds for reclaiming charges even though the debt was sold on,? any advice & help would be much appreciated,it seems so wrong that they can slap on these charges, my personal view is that they somehow inflated the original debt to over £5000 so its over the limit for the small claims procedures and to top that they will get 8% interest every month until the debt is paid,if the charging order is granted,makes me see red", thanks for reading this

ziggy

[ziggy04]

hello thanks for your reply

i live on the east coast & the court hearing is for 30th may at wandsworth county court about 150 miles from me i am partially sighted with other health issues, the plaintiff is the infamous HFO services a difficult lot to deal with, i have applied to have the court hearing moved to my local court and are waiting for a date/reply,do you know how i would find out if the charges were illegal from reading other threads i have noted that a subject access request should be send but from what i've read HFO often do not comply & drag their heels,i have never been to court & frankly i find this really disturbing, heads going around abit that why i'm up so late,can't sleep much though,would i have to get a letter from my doctor ,regarding my health ?

thanks again for taking the time to read this

ziggy

[ziggy04]

thankyou very much rahl appreciated

[ziggy04]

hello tthanks everyone for you advice and trying to help

Had some bad news this morning my N244 application to have the hearing moved to my local court was denied , yhey state that i did not have the right documentation to support my 160 form for fee remission, i have been on income suport for a number of years due to my disability, i only get a notification of benefit payable annually, i don't get a benefit determination letter every year,even if i could get one it would probably take too long for the DWP to send me one, so that's that the DCA will get their charging order by default,the court hearing is set for 10.30 am on the 3oth, haven't got ahope in hell of getting there from the east coast, feeling rather low & a bit tearful ( i suffer from chronic depression ) not got any fight in me now, anyway thanks alot everyone

you have been very kind

ziggy (diane)

[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)

[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

[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

[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

[ziggy04]

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

[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

[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

[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

[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