hearing for charging order

[111honey]

hello all,

i've been off the thread for a while my computer was broken and just using friend's computer as badly need help and advice re charging order.

 

just a recap on my previous thread ,shoosmith acting on behalf on NatWest applied ccj for loan and o/d totalling 25k, forthwith judgement granted last 24th of june.

 

received a letter from shoos yesterday containing interim co from court and a hearing date due on 8th oct.

my questions are:

should i sent a letter to the court outlining my defence prior to the hearing?

if co granted during the hearing can i ask the court to set an agreement example. set monthly payment base on my budget, and as long as i am keeping my payment no order sale will be granted,stopping int and charges, no sale be granted as child below 18 is leaving in the property.how would i request this ?should i add this on to my letter of defence or i just brought up this if the co is granted?pls help.

 

 

any help and advised is very much appreciated.thank you

[surfaceagentx20]

I read your previous thread and it is clear the judgment is regular and that your application for a re-determination of what sum should be paid by instalments was refused on the basis that your proposed instalment was inadequate to meet the interest accumulating on a judgment valued at about £25K.

 

Refusing to permit a debtor to pay where the proposed instalment order would be inadequate to meet the interest accumulating on the judgment is common. The refusal stems from the fact that if it were allowed, the creditor would be prevented from [1] the benefit of interest whilst being kept out of the debt and [2] securing the judgment on property belonging to the debtor whilst there was compliance with the inadequate instalment order.

 

The hearing of the application for a charging order is not a venue for a further re-determination or for a variation of the order directing that the judgment debt be payable forthwith. The purpose of the hearing is to decide whether the interim order should be allowed to continue. That's all.

 

In this regard, the powers of the court are limited and its decision will be entirely dependent upon what you are able to offer as good reason for the dismissal of the application. A promises to pay by affordable instalments or even the making of an instalment order would not be a good reason. [see: Ropaigealach v Allied Irish Bank (2001)].

 

If you can come back with some other reason why the charging order should be dismissed I'd be pleased to look at it. Otherwise, and I'm sorry to be so negative about this, but the reality of the situation is that you have a regularly enforceable CCJ for a sizeable sum of monry and you're the owner of property. Those two regularly coincide in the making of a charging order.

 

x20

[111honey]

ok thanks ,and what i am trying to say is initially i will put my defence for Co like no equity, unfair to other creditors who accepted my minimum payment,child leaving in th property , but if CO will be granted ,whilst they put the charge in my property can i request the court a set monthly payment base on my disposable income and whilst i am not behind with the set payment no sale of my property will be granted and how about stopping the int and charges? thanks again.

[surfaceagentx20]

The only way there will be another instalment order is if you make another application for a re-determination which turns out to be successful. Such an application would not be dealt with as part and parcel of the CO hearing.

 

I know the last application for a re-determination failed. Another one would be likely to fail unless there had been a significant improvement in your resources.

 

x20

[111honey]

the set monthly payment that i would like to ask the court is after a CO is granted,since there is a large negative equity in my house whilst the creditor is waiting i would like to make a payment ,how about stopping int?

 

sorry coz its really quite hard for me to understand this as i dont have any knowledge about court cases.thanks a lot