Urgent advice needed for final charging order hearing please

[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,

[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.