Aplins/Hillesden Securities Ltd (dlc) claimform - old HBOS Credit Card debt -got CCJ but WON CO Hearing

[Muffintop]

this is brilliant thread. Andyorch I tried to pm you as I have a similar lonley thread Re: Imminent Charge on property Lloyds bank Business Loan pse help someone... but very lonley on my thread subbed here but could do with some eyes on mine however it is a business contract. Apologies to Shazza50 for taking up a post on your thread, I am with you however

[cymruambyth]

This is the link to muffintop's thread

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?306013-Imminent-Charge-on-property-Lloyds-bank-Business-Loan-pse-help-someone...(1-Viewing)-nbsp

[Shazza50]

Should I have sent a copy of my defence statement to Hillesden? How do I word a statement from hubby opposing the CO?

[cymruambyth]

I changed the following points into a statement from my husband instead of from me. Hope this helps. I also finished it with the statement of truth.

I sent copies of both to their solicitor.

 

12. My husband xxxx has joint interest in this property and would be prejudiced if a Charging Order is applied to a property for a debt which he does not owe.

 

13. My husband, by virtue of his earning more than I do pays the mortgage.

 

14. If the court awards a Charging Order to the Applicant, I believe that this would prejudice the chance for my husband and I to obtain future beneficial mortgage deals, the inevitable consequence being that our monthly mortgage payments would increase and I would be forced to submit a further application to the court to consider a decrease in the monthly sum payable to xxxx.

 

15. This has been the family home for xx years and I do not anticipate selling it in the future. At present my children all live at home..

Edited May 27, 2011 by cymruambyth

[Muffintop]

Nice one Cmru, I will use bit of this for my defense but Im still stuck as to what to use as the duress defense.

[Shazza50]

Ok, just about ready for tomorrow. I have 3 copies of my defence, 3 copies of hubbys statement. Do I need an I & E ? Do I ask the judge if he has received the copy of my defence or wait until he mentions it? God I hope its not the same judge that granted the ccj

[BRIGADIER2JCS]

Hi if you have not already been asked for I/E the judge will ask for it to be

produced if he/she feels it is necessary.

The court management team will have given the judge all he/she needs to have for the case.

The judge does not directly receive the papers in any case they go through court procedure

recording etc so that every thing is before the court at the hearing.

[AndyOrch]

Shazza the hearing tomorrow is to determine if the ICO becomes a full CO ( or Restriction on 50% of your share)

No monetary values will be discussed (normally) until your raise it and how the ICO has come about.

You must plead your situation the lack of direction (Court) the lack of response (Claimant).

Raise your defence and take copies of your Judgment and your letters re payment inquiry and copies of the Courts response.

 

It may be the same DJ but i would doubt it. Be courteous stand your ground and if there is anything you are unsure of

request it be explained.This is your only chance to have your say and reverse this matter, dont accept anything

you are not happy with.

 

Good luck Im sure you will be fine.

 

Regards

Andy

[BRIGADIER2JCS]

Echo> good luck

[Cadbury1879]

Hi good look with your defense.

I hope all goes well.

It's all a bit of a lottery at the moment.

Just remember that even if they manage to obtain a c/o it's only a restriction.http://www.bllaw.co.uk/pdf/financeandrecoveries_0806_charging%20orders%20on%20property.pdf

"Quote"' from eggboxy on this forum.

I corresponded with a Solicitor from the Land Registry and she sent me this reply regarding whether a Restriction can prevent the sale of a property;Received today from LR Solicitor;

 

LAND REGISTRY RESPONSE

 

"The provision of the Certificate mentioned in the Form K restriction means that the registrar is not prevented from proceeding with the application to register a disposition (for example, a transfer or charge) and the registration can proceed.

 

The certificate does not affect the restriction entry. A restriction in Form K may be removed from the register in the following circumstances.

 

Automatic cancellation

 

When a transfer of property is registered (following receipt of the required certificate) the restriction may or may not be automatically cancelled, depending on the circumstances of the transfer. If, for example, the application is to register a transfer by two or more proprietors to a third party for value, the trust interests will be overreached and the form K restriction will usually be cancelled"

 

IMO a restriction is fake security, still has it's problems however so avoid if possible.

I again wish you the very best of luck.

 

Cad

[Shazza50]

Got copies of the judgement, the letter I sent to the court and the reply. I just need to put them in order. Going to make notes to myself to remind me of anything else I might need to bring up.

I'll be back tomorrow to let you know how I got on.

[cymruambyth]

Hi good luck. You have everything you need. Sit down quietly before you are called and just think things through, you will have your notes as a prompt.

[SHELBELLE]

Good luck Shazza.

[SHELBELLE]

Please let us know how you get on.

 

S.B.

[Shazza50]

:whoo::whoo::whoo:

CASE DISMISSED.

Nobody turned up for the claiment. The DJ said he had given them enough time to show. The ICO will be revoked and we won't pay the costs.

I didn't even get as far as getting my paperwork out. He did say however that there is no saying they wouldn't try again .

He did say he can't understand why they apply for a CO before any offer of payment has been made. He also advised me to get in touch with them with an offer of payment now.

No mention of what was written in my defence only that he had read it, maybe he was embarrassed by the actions of his colleague:lol:.

Thank you all for your help and persuading me that I should go to the hearing.

Edited June 1, 2011 by Shazza50

[SHELBELLE]

Fantastic news Shazza!!!!

 

So glad you went, betyour life if you didn't they would have !!!

 

Welll if they trya gan you will be more than prepared.

 

I hope I am this lucky, very similar situation as yours.

 

I know Andy will be along, not sure if you can apply to the court to get any instalments set now????

 

Don't want to spoil your day but be nice to be one step ahead of them ;0)

 

Wll done you !!!

 

S.B.

[SHELBELLE]

Ooops typos sorry must be the excitment lol !!!

 

S.B.

[Old Cogger]

good so far?

[cymruambyth]

Well done. Check with others, but I think if you apply to the court for an instalment order this should give you even more protection.

It's a N245 Application for Variation of an Order with a fee of £40.

[AndyOrch]

Was worth attending then Shazza as predicted. Ok now as per the DJ instruction you need to agree a payment proposal

with the Claimant and fast.The N245 is an option but as still no order as been given re payment then you may use the

opportunity to agree formally with the claimant.They may be licking their wounds so if no response is forth coming then yes its the N245.

 

Well done I will get your thread title amended.

 

Regards

Andy

[cerberusalert]

Title updated to reflect your success.

[Shazza50]

Thanks Andy, so do I not have to do the N245 then? If not,I will get on to the payment offer tonight. It would be sweet for them to receive it before the letter from court does.

When writing the letter should I mention that 'as the CO was dismissed today I now offer payment of £xx' or would that be rubbing salt in the wound:roll:.

We were the only ones ,apart from a couple of other solicitors, to show at the court. I think there were 5 other CO cases.

[AndyOrch]

Do both then all bases covered. Did you not get chance to clarify with the DJ re payments or Forthwith?

[Shazza50]

No I didn't Andy, I think I was in shock at his decision He just said that he had looked at my defence statement but didn't comment on it. Basicaly, I think it just came down to them not turning up.

So do I do the N245 on line?

[Cadbury1879]

Excellent another c/o gone.

Very well done!

Cad