** Help Needed Re : Court And Incasso

[andyathers]

Hello,

. I am 40 years old. Myself and my wife have been on a debt management plan for a year now with payplan.We have 15 creditors and and all are ok so far. The only exception is Tesco loan.

They have chased us mercilessly via Incasso solicitors. They took me to court for a CCJ in may, this was granted and the payment figure was £26.60 the same amount as My plan with payplan.

They took me back to court in July to ask for permission to apply for a charging order, the judge did give them permission but would not be enforceable as long as payments were kept up. In that hearing incasso said I never made correct payments, but at the the time I didn’t take that in. The fact is they have always had the correct payments. So incasso are again taking me to court in September for an interim charging order.

The only problem I can see with payments is the CCJ was for £26.60 that was against me, but the loan is a joint loan with my wife, Payplan split the payment and sent £13.30 to Incasso( solicitors) and £13.30 direct to Tesco. Payplan said that in the future incasso could then take my wife to court and get a further £26.60 from her. So doubling the payments. Payplan have now changed there payments and sent the full amount to incasso( Tesco solicitors)

The house is in negative equity, we have young children, my wife has a disability, all other creditors are fine Is there any other defence I could make.

Thankyou Andrew

[supasnooper]

Hi there,

 

You'll need to oppose the Interim Charging Order by getting statements from Payplan showing these payments to Incasso and Tesco and highlighting them for a Judge to see.

As you will be able to demonstrate that Payplan caused the problem by messing up the payments, a Judge should dismiss the Interim Charging Order.

 

Have a look at these links for more info on opposing Charging Orders -

 

 

Insolvency Helpline

National Debtline

[andyathers]

Hello, should I write to the court and Incasso with my objections, or wait to do it on the day, in court.Thanks

[andyathers]

Anyone,Thanks

[someone_else]

I think charging orders need to be objected to in advance of the hearing, the following pages should help you out:

Charging Order

[supasnooper]

If you don't wish to get the CCJ set aside the the following information is for opposing a Charging Order.

 

 

You'll need to get together a Witness Statement to oppose the Charging Order and submit a copy to the court and also send Incasso a copy at least 7 days before the hearing.

 

In your Witness Statement you'll need to list your points of opposition and highlight the problem being caused by Payplan's mistake.

 

May I suggest that you look into getting the CCJ set aside -

 

here's a few links to look at -

 

Setting aside the original CCJ of your CCA

CCJ removal inc. step by step guide

[andyathers]

Thanks for the reply's has anyone got any tips on completing a witness statement.

[supasnooper]

have a look at the links below -

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-1844029.html

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-1844698.html

[andyathers]

HELLO HERE IS THE LETTERS FROM INCASSO, WHAT DO THEY MEAN,DO I HAVE TO ATTEND,DO I SEND LETTERS TO DEFEND IT AND WHO DO I SEND THE LETTERS TO.HOW DO I DRAFT THE LETTER.

 

[supasnooper]

I would strongly advise that you do attend the hearing regarding the Charging Order and oppose the application.

 

If you do not, then the Charging Order would be granted.

 

If granted and you did not keep up the payment of £26.80 then Incasso could possibly enforce a sale order on your house.

 

I see you have read sequenci's sticky on Charging Orders and added a link to this thread.

 

I would seriously consider looking into getting the CCJ set aside as you were badly advised by Payplan into accepting the CCJ.

[paulwlton]

Are you in arrears on the judgment order?

 

Have you made a CCA request?

[Docman]

Hi Andy

 

Yes, I agree you should arrange to attend the hearing in September to tell your side of the story. However, I suggest you should provide the judge with documents from Payplan to show you have been paying £26.60 per month as required under the court order. You will need to send a witness statement to court in order to produce any such documents. I also suggest you let the court have a copy of the letters from Payplan showing they split the amounts to Incasso and Tesco. If you haven’t got this information in writing, I think your first job is to ask Payplan for something in writing.

 

Next job is for you to write up your side of the case in your own words and post it on this thread so that Caggers can help to turn your story into a witness statement.

 

Finally, although you have been paying, there is no guarantee that Tesco have a valid agreement. This is the CCA that Paul mentioned above. Did you get one from Incasso with the original claim form (N1) from the Court or do you have the original? If so, can you post up a copy after blocking out your personal information?

[andyathers]

Hi, thanks for the reply's, Tesco did produce a true CCA.Im not sure incasso have acted within the law though.I will post the full story and hopefully get a witness srarement put together,thanks

[andyathers]

HOW DO I WRITE A WITNESS STATEMENT PLEASE

I contacted Payplan in August 2008, as we were experiencing financial difficulties. I and payplan wrote to Tesco and explained the situation, with an offer of payment of payment we could afford.

03/10/2008 Tesco wrote to me and to my wife separately and accepted the offer of reduced payments. Tesco and incasso denied these letters

24/10/2008 Tesco wrote ant told us the account was being held with credit management services and they would periodically review it.

24/11/2008 another letter to each of us accepting our reduced offer.

29/11/2008 Letter from Triton credit services, saying pay in full or CCJ, Attacement of earnings or take our possessions. Also said our client request agents to visit you personally.

16/12/2008 Letter from Incasso solicitors request the full amount in 7 days, or legal action.

07/01/2009 Court hearing in Northampton County court, payplan filled in my paperwork, judgement came back with CCJ for exactly the same amount as my offer.

20/05/2009 Letter from Incasso Tesco solicitors, we enclose by way of service upon you , filed at court. Had the hearing moved to my local court?

11/06/2009 In court, I was very nervous and a bit confused as to what was going on. But basically the judge gave them permission to apply for a charging order, but it must not be enforced. They solicitor mentioned that correct payments had not bee received (but I was slow on the uptake and was to nervous).

11/08/2009 new letter from Incasso, basically going back to court for an interim charging order. That date is set for 25 sept.

When all this began payplan said, because it is a joint loan and only myself was in court the payment should be split, £13.30 to incasso, and £13.30 to Tesco. They said incasso could then take my wife to court and get a further £26.60 from her.

Payment Tesco have received since Jan 09.

13/01/2009 £26.60 via incasso

18/02/2009 £13.30 via incasso + 25/02/2009 £13.30 Via RBS(Tesco) so £26.60 in total.

12/03/2009 £13.30 via incasso + 18/03/2009 £13.30 Via RBS(Tesco) so £26.60 in total

15/04/2009 £13.30 via incasso + 16/04/2009 £13.30 Via RBS(Tesco) so £26.60 in total

18/05/2009 £13.30 via incasso + 22/05/2009 £13.30 Via RBS(Tesco) so £26.60 in total

16/06/2009 £13.30 via incasso + 16/06/2009 £13.30 Via RBS(Tesco) so £26.60 in total

10/07/2009 I told Payplan all £26.60 must go to Incasso so it did this month.

I also in June + July Paid the full £26.60 via bank transfer to incasso. So in June + July they got £53.20 double what they should Have.

• So to add they have never not received the correct amount .
  
• There is no arrears
  
• The house has little or no equity
  
• It is our children’s home
  
• All other 12 creditors are great
  
• Payplan made errors in the payments
  
• It’s a joint loan and a joint owned house, but they are only chasing 1 of us.
  

[supasnooper]

Please look again at the links provided in post #8

 

Your opposition does not particularly need to be a witness statement but a structured statement that include your major points of opposition.

[andyathers]

Just come back from court, all the great advice was to no avail.The judge made her mind up before i spoke.I gave really good points in defence,but it was granted.

 

They only thing she put on it was, there will be no order for sale granted.

 

Thanks for the reply's to my original post.Life moves on.So onto the next battle.

 

 

Andy