Tesco via IJ going for charging order

[wilko1]

I was paying nominal payments to Tesco personal finance of £7/mth. They took me to court and I received a letter from the court saying, the whole amount was due but I should continue to pay the £7/mth. I have now received another letter from the court saying the case is to be transfered to my local county court because the claimant has applied for a redetermination.

When I get the date what am I expected to do? Take proof of my income and expenditure? Any advice would be appreciated.

Thanks

[Jeff2000]

Hi wilko,

 

 

Did you defend the claim in any way?

 

 

Jeff.

[wilko1]

No I didn't defend, I was just wondering what could happen at this redetermination hearing.

[Jeff2000]

Hi wilko,

 

 

Was the judgement "forthwith"?

 

 

Was there any particular reason why you did not defend?

 

 

Jeff.

[wilko1]

I was paying nominal payments to Tesco personal finance of £7/mth. They took me to court, I didn't defend it, and I received a letter from the court saying, the whole amount was due but I should continue to pay the £7/mth. I have now received another letter from the court saying the case is to be transfered to my local county court because the claimant has applied for a redetermination.

When I get the date what am I expected to do? Take proof of my income and expenditure? Any advice would be appreciated.

Thanks

[wilko1]

Jeff,

 

The form I received says, Judgement for the claimant after determination. I can't see anywhere on the form the word "forthwith". It says I should pay the full amount, at the rate of £7/mth.

 

I hadn't discovered this site at the time, and as I owed the money I simply admitted it.

 

I have found out that a topic like this should be on the legal forum, so I have put it up there as well, if I new how to take it off this forum I would.

 

Thanks

wilko

[caro]

Duplicate thread closed as advice already being given elsewhere.

[Jeff2000]

Jeff,

 

The form I received says, Judgement for the claimant after determination. I can't see anywhere on the form the word "forthwith". It says I should pay the full amount, at the rate of £7/mth.

 

I hadn't discovered this site at the time, and as I owed the money I simply admitted it.

 

I have found out that a topic like this should be on the legal forum, so I have put it up there as well, if I new how to take it off this forum I would.

 

Thanks

wilko

 

 

 

 

Hi wilko,

 

 

OK, it's becoming a little clearer. You have to pay it off at £7 a month, so I'm guessing you submitted an income and expenditure list or something similar. Correct me if I'm wrong.

 

Sounds like they are not happy with this amount and are attempting to get the amount increased.

 

If you own property, they may try and have the judgement made forthwith and then go for a charging order!

 

Were there any charges you could of reclaimed?

 

As you have admitted the debt, it may be difficult to have the judgement set aside. Some others on this site may be able to advise in greater detail on this point!

 

As for the forum your thread is on, I think one of the mods will sort it out, so I wouldn't worry about that.

 

 

Regards, Jeff.

[wilko1]

Hi,

 

I did send them an income and expenditure form, I don't own the property, to be honest I can't see the point of them going for a redetermination. That's why I posted for help, I don't want to be caught out unawares, forewarned is forearmed as they say. Can anybody give me an idea what they could try to do.

 

Thanks

wilko

[Jeff2000]

Hi wilko,

 

 

If you do not own your property then a CO is out of the question.

 

So, it means that they want a bigger monthly payment.

 

In which case you do another income & expenditure sheet. Take into account absolutely everything. Hopefully, the amount that you have left to pay them will be less than the £7!!!

 

 

Jeff.

[wilko1]

Is it possible to challenge or appeal against a CCJ even if you've admitted the debt? After admitting the debt, then discovering this site, I thought I might send for a CCA if I didn't receive one could I use the lack of a CCA as a reason to appeal against the CCJ.

[paulwlton]

Is it possible to challenge or appeal against a CCJ even if you've admitted the debt? After admitting the debt, then discovering this site, I thought I might send for a CCA if I didn't receive one could I use the lack of a CCA as a reason to appeal against the CCJ.

 

The time to challenge the creditors right to obtain judgment was at the time the claim was issued. Forget it.

 

PW

[wilko1]

A creditor has asked for a redetermination hearing, and I've got to go to court at the end of this month. In the creditors letter to the court it says that if I continue to pay the debt at the rate the judge ruled, it will take over 100 years to pay it off. So they are asking for a charging order. The problem is I live in a rented house, I have informed them of this fact. What should I do, a)Say nothing and let them make a fool of themselves in court, b) phone them up and tell them thus maybe saving me a court appearance c)any other suggestions.

Thanks

[bazaar2]

Hi Wilko

Well if you dont own a house, as long as your situation hasn't changed from your last court appearance. I would personally NOT contact them and let them get red faced in court. The court determined that you would pay a set amount after concidering your situation so they can't really apply for something you cant pay can they. I assume you've gone through all of the necessary pre-trial stuff like asking for CCA etc. to make sure they were allowed to claim what they did? If not, I suggest you start reading up on the site to see if you can counterclaim and get the debt reduced or set aside

.

[MARTIN3030]

reported to site team and looking at.Is there any morte background info for this ?-ie have you progessed it through another thread ?

[saintly_1]

http://www.consumeractiongroup.co.uk/forum/legal-issues/161858-help-re-redetermination-hearing.html is it in relation to this ?

[wilko1]

Hi site team,

yes my redetermination thread is about the same hearing.

[saintly_1]

I have merged your other thread with this one so that people can see whats been said before

 

saint

[Jeff2000]

Hello wilko1,

 

 

If you require some assistance to do an updated income & expenditure sheet, just give me a shout. You can PM me if you prefer.

 

I have a template sheet to fill in with all your financial details. It then works out how much you have left to pay each of your creditors!

 

 

Best wishes, Jeff2000.

[wilko1]

Thanks for the offer Jeff, but I'm sorted in that area. I'm just amazed that they are taking me to court for a charging order when I've already told them that I live in a rented house. I'm probably just paranoid, but I can't help thinking, they can't be that stupid they must have something up their sleeve. Anyway I'll find out next week.

[Jeff2000]

Thanks for the offer Jeff, but I'm sorted in that area. I'm just amazed that they are taking me to court for a charging order when I've already told them that I live in a rented house. I'm probably just paranoid, but I can't help thinking, they can't be that stupid they must have something up their sleeve. Anyway I'll find out next week.

 

 

 

 

Yes! They are that stupid!!!

 

Just read a few threads on this site!!!

 

 

Jeff.

[wilko1]

Well I've had my day in court, it was a pleasure to see the claimants solicitor squirming and writing furiously when I told the judge the house is rented. I just have to carry on with the £7/mth payments. I asked the judge if I could have the CCJ set-aside on the grounds of, having previously admitted the full amount of the debt, I now disagree with the amount of the debt. I had asked the creditor, pre-admission to supply me with a calculation of how the debt added up, they failed to supply this and I stupidly ended up admitting the whole debt. How do I apply for a set-aside and have I any chance of getting one?

Thanks

[wilko1]

I have a personal loan from Tesco from about 2001. I was just wondering if I CCA them, what are the chances of them producing an enforceable CCA? Has anyone else CCA'd them, what were the results?

Thanks

[42man]

Wilko....it might be worth searching through the threads to have a look....

[wilko1]

3 mths ago Tesco personal finance took me to court for a re-determination hearing, basically to ask for a charging order. When I told the judge I lived in rented accomodation he dismissed the application and said payments were to continue at £7/mth. Today I received a threat 0 gram from intrum justitia saying since the court hearing I haven't been making the payments and they were going to do this and that etc. I have been paying and can prove it.

Should Tesco and intrum have made some contact before now to say that the debt had been sold?

Can intrum take me to court again to try to get more?

Will the fact that I haven't been informed about the sale of the debt have any bearing on a possible court hearing?

Any advice would be appreciated

Thanks