Urgent Advice Needed

[andyathers]

Hello i am in court on tuesday 12-05-2009 . It is regarding a loan with tesco.It is a joint loan, but tesco are only chasing me.We are paying our debts through payplan.

 

I already have a ccj from tesco but it was for the exact amount paypal suggested.Tesco immideatly asked for tit to go back to court which is tuesday.

 

tesco solicitors sent me some paperwork today stating they dont accept the ccj payment and want the whole amount, so they can go for a charging order.They are also asking the court to vary the order forthwith.

It also says if the court is minded to grant an installment order, leave is requested to apply for a charging order but not to be enforced if payments are maintaned.

 

If our home is sold there wouldbe no money left as we have a secured loan.We also have 2 young childern, and my wife is sick and has been for 10 years now.

 

Any help welcome please

[supasnooper]

hi there,

 

You'll have to oppose the Order to vary.

 

Please can you post up or type (minus personal details) the Judgment Order details.

 

When was the CCJ granted ?

[supasnooper]

I've got to go out now but I'll be on the site later.

 

Others may provide you with the advice you need in the meantime.

[andyathers]

Hi, yes they did get a ccj granted it was for exactly the same amount as I pay on payplan. But tesco immidiatly applied to go back to court.Paypal asked for it to be heard in my local court. That is this coming wednesday.I put wrong date on initial post.

 

Tesco are going for the whole amount so they can get a charging order.

 

Just like to know what i could say to the judge in my defence.I have acted as responsibly as i can by getting advice and help from paypal and have paid on time for the last 6 months since my plan started.

 

All my other creditors 12 of them have been ok, its just tesco.

[andyathers]

The ccj was granted 2 months ago in northampton, im happy with the ccj as much as i can be.It was for the exact amount i can afford.CCJ's arnet good but my credit is ruined anyway now.

 

I just fear being made homeless by tesco, i have a sick wife and 2 small children

[robbond55]

Sorry but I cannot offer you any advice whatsoever but just to wish you and your family all the best and hope everything works out OK for you.

[supasnooper]

Hi there,

 

I'm presuming you admitted to the debt or passed the Court paperwork onto Payplan to deal with.

 

Firstly, you won't be made homeless.

 

Judges have been advised in the current economic climate to be cautious about giving Charging Orders and then issuing Enforcement of Sale orders..........you will NOT be homeless !

 

So try not to worry about your home.

 

Moving on to what you wish to do about the situation you are in.

You have three options :-

 

1/ You could apply for a set aside of the Count Court Judgment. This would cost £75.00 though.

 

2/ You could oppose the Order to vary and thus the Charging Order.

 

3/ Do nothing and let the situation run its course.

 

 

If you opt to set aside the CCJ, you would need to demonstrate why you did not oppse the CCJ at the time.........their could be numerous reasons for this e.g. you didn't know your legal rights, poor advice from Payplan etc. If you did go for this option, it would cost £75.00 for the set aside application and some letter writing.

 

If you don't wish to oppose the CCJ but decide to oppose the Order to vary, then you have several points you can make to the court. You can ask for an installment order, which is where you pay an amount set by the court to the creditor every month.

 

There are several other points you can make to the court as well to oppose Tesco's wish for a Charging Order.

 

Have a look at the links below on Charging Orders and what grounds you may oppose them-

 

Debt Factsheets - Charging orders in the county court

 

National Debtline England & Wales | Debt Advice | Factsheet 15 Charging Orders In The County Court

 

and this gem of a post ( Courtesy of FunkyFox ) -

 

http://www.consumeractiongroup.co.uk...t-1848474.html

 

 

From your original post, option 3 is a non starter.

Edited May 23, 2009 by supasnooper
typo

[andyathers]

Just wondering what happens in court, will I get a chance to put my side accross.Thanks for the replys

[supasnooper]

Yes you will get your chance to put your opposing points across.

 

Have a read of the link below from post no. 13 -

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/108467-basic-introduction-consumer-credit.html

[andyathers]

Great thanks, anyone else.In court in the morning

[supasnooper]

Yes.

 

Object strenuously and ask that the judge opts for an instalment order for a monthly payment you can afford. !!

 

Complete the I&E form ( make sure it leaves you paying what you can afford - add a bit extra on all the items to cover inflation ) in the link below, print two copies ( one for the judge and one for you - Tesco's don't get one as they aren't entitled to one !) and take them with you.

 

http://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=1712&d=1199396120

 

 

If the installment order is granted, get the bank details straight away.

 

If they can't supply them in front of the judge, ask for the first payment to be set 28 days after receipt of the bank details being furnished and then get a date set for regular payment.

This must be done in front of the judge as it will then be on the court records.

[andyathers]

Hello all,

 

Just come back from court.i was absolutly terrified, why I dont know.When i got there its was just a waiting area in some offices.There were lots of other people from all walks of life waiting to be seen.

 

Tesco solicitor came and had a word, she was very nice.So I went into see the judge and she was very nice.

 

So what the judge decided was I think ?. An installment order for the same amount I offered. She gave permision for tesco to apply for a charging order if I didnt pay the installment order.She also noted that the sale of the house would not be aloud.

 

I think that is basically what was said.I was so nervous, its escaped me a bit.

 

So will they send a new judgment out??

 

Thanks for the reply's

[r&b]

Hello all,

 

 

So what the judge decided was I think ?. An installment order for the same amount I offered. She gave permision for tesco to apply for a charging order if I didnt pay the installment order.She also noted that the sale of the house would not be aloud.

 

well dun. did u do as Snoops said above? if not get those payment details asap, set up the payment and dont miss a any.

[supasnooper]

Hello all,

 

Just come back from court.i was absolutly terrified, why I dont know.When i got there its was just a waiting area in some offices.There were lots of other people from all walks of life waiting to be seen.

 

Tesco solicitor came and had a word, she was very nice.So I went into see the judge and she was very nice.

 

So what the judge decided was I think ?. An installment order for the same amount I offered. She gave permision for tesco to apply for a charging order if I didnt pay the installment order.She also noted that the sale of the house would not be aloud.

 

I think that is basically what was said.I was so nervous, its escaped me a bit.

 

So will they send a new judgment out??

 

Thanks for the reply's

 

Well done, that's excellent news !!

 

Hope you managed to get all the payment details from Tesco's.

 

The court will send out a Judgment Order stating what was decided today so both sides are aware.

 

If you have not got the payment details from Tesco's, then write to them and ask for them.

 

If they do not respond, within 28 days from today, send them a cheque by Recorded Delivery at least and another request for payment details.

 

If they refuse to comply, write the court for the attention of the Judge who heard your case asking them to order tesco's to disclose the details required.

 

 

If \ Once the payment details are disclosed , then do feel free to set up a Standing Order for the amount (do NOT do a Direct debit).

 

Enjoy your evening.