Urgent advice needed for final charging order hearing please

[beaniesmum]

Hi there, I have read many posts on here about charging orders and court hearings but my head is now swimming and I can't get anything straight! I would just really appreciate any advice that anyone can give me please.

 

This is all in my mum's name. There was a loan taken out through Tesco which was in joint names between her and her husband (now ex). My Mum was the one who always paid it and even after the split she paid this and all correspondence came addressed to her. The loan was taken out about 4 years ago. Last year my mum had to go through CCCS and is now on a DMP. She has 5 other creditors who have all accepted this DMP but Tesco continued to chase and it was then dealt with by RBS and then onto Incasso. They then proceeded to apply for CCJ and then an interim charging order (I'm sorry if I'm missing things out -as I say it's not mine so I don't have all the details right here). There is now a final charging order hearing in 2 weeks and I have just read that she should be sending in a letter to the court.

 

I just wanted to know what should be written in this letter? CCCS have said we should mention that this would prioritise this creditor over the others but I have then also read that this could just lead to the judge delaying things while the other creditors state whether they have any issue with this or not. They also suggested saying that we understand it is likely the court will be granting the C.O. given the length of time it would take to repay the debt on the DMP however we would like there to be an instalment order of £x per month to be paid everymonth until the debt is paid off and that no other enforcement action is allowed to be taken unless a payment is missed. And also to ask that statutory interest to be stopped from the date of the hearing.

 

I have not read about these last 2 things anywhere else so I am now totally unsure what should be said. I am trying to help my mum out with this but I feel quite battered!

 

There are 2 other things I wanted to mention - firstly the payments to CCCS have always been made on time but they have messed up a couple of them at their end. We informed them that Incasso were now dealing with it instead of Tesco but CCCS continued to send money to Tesco which is when Incasso began all these proceedings. Secondly Tesco/RBS actually got a second debt company involved just after Incasso started charging order proceedings. This second company, Intrum Justitia, are now chasing my Mum's ex for the same total amount as Incasso. He is also on a DMP through Payplan and has now set them up as a monthly payment for 9 times the amount my Mum pays.

 

I would just really appreciate any advice that can be given regarding this letter that we are supposed to send in as I will have to get it sorted tonight/tomorrow and get it posted tomorrow to ensure it is definitely there in time.

Thank you!!

[GamekeeperToPoacher]

bump

[supasnooper]

You need to get a letter drafted as soon as possible.

 

I would be very pleased with a judge who would request that other creditors are informed, as indeed, Incasso would become a priority creditor by way of the charging order being finalised.

 

Have a play around with this letter and include the relevent points of your opposition -

 

When I ran into severe financial difficulties I sought help from the National Debt line. I was advised to correspond with the Consumer Credit Counselling Service, (which I did) and a Debt Management Plan (DMP) was set up with all my creditors in May 2006. I have kept up all payments to date. Within the DMP I was paying Asset Link £19.05 per month.

 

After Asset Link obtained a County Court Judgement regarding my debt I was ordered to pay instalments of £20.00 per month which I have kept up to via Standing Order from my Bank Account.

I understand that according to a case called Mercantile Credit Co Ltd v Ellis in 1987, a charging order should only be made if the payments on a judgment are in arrears.

 

Asset Link Capital are also aware that my Debt Management Plan, administered by the Consumer Credit Counselling Service has a number of Creditors;

Creditor

Name

PaymentThis Month

Payments To Date

Current Balance

 

A charging order in favour of one creditor would give Asset Link Capital unfair priority over other my unsecured creditors.

 

As you can see I already have a payment arrangement in place with all my other creditors via the Consumer Credit Counselling Service.

This would be upset by an order being made.

 

Furthermore I would like to draw your attention to the fact that all of the debts are larger than Asset Link Capital debt and all other creditors have frozen the interest amounts.

 

We have two young children, one aged and a second who is old. My family would suffer severe hardship if a charging order was to lead to the sale of our home. More so when the debt that Asset Link are requesting a Charging Order for is in my name but I our home is owned jointly so it is not even my partner's debt.

 

Yours Faithfully,

[beaniesmum]

Thank you so much for your reply supasnooper.

 

I just had a few more questions if anyone can help? Having only really only just come across all this information (kicking myself for not looking here long before, but we put our trust in CCCS...) I am wondering if we have now just left ourselves in a postition where the charging order is really very likely to be made final. We knew nothing about asking for CCA or any previous documentation or anything else that everyone mentions in their posts. The only thing we have done is contact CCCS.

 

We attended a redetermination hearing a few months ago where the judge ordered a variation to the ccj to an affordable amount in line with what was on my mum's I&E but also said that she was leaving the way open for Incasso to apply for a charging order due to the low payment and the length of time it would therefore take to pay off the debt (about 180 years at current payment rate). This was to be allowed even regardless of whether payments were kept up! She referred to the fact that she knew that previously this was not the case but she said that regulations were changing and so she was going to allow the charging order to be requested. Payments have always been made to CCCS on time, although they did mess up with 3 payments that should have gone to Incasso but CCCS sent them to Tesco Personal Finance as they hadn't changed the details on their systems even after being told 3 times.

 

I also can't understand how it seems that there is nowhere that the payments being made by my mum's ex are being taken into account as these bring the time to pay the debt down to 18 years.

 

We have no time left to contact anyone to request documents or anything like that as as I say we only have a few days now before the court date. There was nothing in any of the correspondence that I have seen from my mum that said we needed to send in a letter 7 days prior to the court hearing if we wanted to make any defence so I'm panicking now that we have screwed it all up.

Edited August 29, 2009 by beaniesmum

[supasnooper]

 

We attended a redetermination hearing a few months ago where the judge ordered a variation to the ccj to an affordable amount in line with what was on my mum's I&E but also said that she was leaving the way open for Incasso to apply for a charging order due to the low payment and the length of time it would therefore take to pay off the debt (about 180 years at current payment rate). This was to be allowed even without regardless of whether payments were kept up! She referred to the fact that she knew that previously this was not the case but she said that regulations were changing and so she was going to allow the charging order to be requested. Payments have always been made to CCCS on time, although they did mess up with 3 payments that should have gone to Incasso but CCCS sent them to Tesco Personal Finance as they hadn't changed the details on their systems even after being told 3 times.

 

I also can't understand how it seems that there is nowhere that the payments being made by my mum's ex are being taken into account as these bring the time to pay the debt down to 18 years.

 

We have no time left to contact anyone to request documents or anything like that as as I say we only have a few days now before the court date. There was nothing in any of the correspondence that I have seen from my mum that said we needed to send in a letter 7 days prior to the court hearing if we wanted to make any defence so I'm panicking now that we have screwed it all up.

 

If it's possible get some documented evidence of the payments that your Mums ex is making - then add it to you submission.

 

In court, ask Incasso why they have not made the fact that there are other payments to the debt being made by your Mum's ex known - Judges do not like being mislead !!

 

 

Please do get a letter together listing anything that strengthens your Mums case and get it submitted as soon as you can to the Court regardless of the amount of time left.

[beaniesmum]

Thanks again supasnooper. I have got a statement from Tesco Personal Loan showing his payments on there so do I include a copy of that along with the letter? I'm going to hand deliver the letter to court to make sure it's there for her.

Thank you so much for your help, it is so very much appreciated, more than I can say!!

[beaniesmum]

In court, ask Incasso why they have not made the fact that there are other payments to the debt being made by your Mum's ex known - Judges do not like being mislead !!

 

Just a note on this - Incasso are not the ones that my Mum's ex is paying, he was chased by Intrum Justitia and he is paying them. We did let Incasso know this however back in March. We got so confused at the time as we didn't think there could be 2 companies chasing the exact same amount from 2 different people. Incasso told us they owned the debt but it seems that RBS must have been able to sell it on a second time as there were 2 people named on the loan (joint liability?).

[lilly white]

may i ask have you ever consider appealing

[beaniesmum]

How do we appeal? There is only just over a week til the hearing for the charging order to be made final so I don't know if we have any time left to do anything other than get as much together as we can for the court date itself.

[beaniesmum]

sorry if I sound soooooo stupid. There is just so much involved, I never even realised! We thought just getting the CCCS involved would be enough, but now I realise there is so much more that I could have looked into.

[lilly white]

YES TIME IS TO SHORT SO DO AS ADVICE HOWEVER.

 

HAVE A READ OF THIS. ANY QUESTIONS SHOUT.

 

SO THE PLAN WOULD BE GO WITH WHAT YOU HAVE AND PLAN FOR THE NEXT ROUND IF NEEDED.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/202167-help-n244-form-please.html

 

MAY I WISH THE BEST OF LUCK THERE IS ALWAYS A WAY

 

LILLY BASIC WHITE

[lilly white]

also have a read of this tread regards to mandyjane i know mandyjane will help

 

the debt was staure barred however you will get the drift

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/167654-help-ccj-charge-home-4.html