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Court Hearing Tomorrow Very Frightened


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I was wondering if anyone has any advice regarding a court hearing I have on Wednesday. Incasso for Tesco are one of our 8 creditors and the only ones that refused a token payment set by CCCS. Instead they took us to court and we have a CCJ to pay £20 more per month than the others? We have paid on time every month for the last 9 months but.... They are now taking us to court for a re determination hearing! I have no idea what to expect and what to say. I took advice from a wonderfully helpful member on here and sent a statement of events and asked this to be attached to the notes. Do I need anything else and what would I be expected to say to the judges? Has anyone else had this experience with Incasso? i can honestly say I am terrified!!!

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I was wondering if anyone has any advice regarding a court hearing I have on Wednesday. Incasso for Tesco are one of our 8 creditors and the only ones that refused a token payment set by CCCS. Instead they took us to court and we have a CCJ to pay £20 more per month than the others? We have paid on time every month for the last 9 months but.... They are now taking us to court for a re determination hearing! I have no idea what to expect and what to say. I took advice from a wonderfully helpful member on here and sent a statement of events and asked this to be attached to the notes. Do I need anything else and what would I be expected to say to the judges? Has anyone else had this experience with Incasso? i can honestly say I am terrified!!! Having read some cases I am worried they will take our house, which has little to no equity:confused:

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Well I think you need to get all your details of your other Creditors

Make a list of how much you pay to each one and if you have letters accepting your payments take those as well.

You need to show the Judge that you are doing your best and that your other Creditors have accepted smaller payments.

Take proof of all the payments that you have made to Incasso/ Tesco to show you have not missed the arranged payments.

 

Have you not been to court before ?

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Thank you very much for the advice, I have never attended a court hearing and I think this is half of the fear! Will the judge ask me any questions? I pressume he/she will not increase the amount to pay as they already receive £20 per month more than our other 8 creditors. I have photo copied the acceptance letters from the others, the problem is they are up for review in a month of so and if they find out Incasso are getting more I assume they will not be best pleased?

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The hearing will most likely be in Judges Chambers ..A room with a big table . the Judge will sit at the top and you will sit on one side and the claimants agent on the other side.

The Usher will take you in and tell you where to sit and introduce you to the Judge.

The other side may ask you to speak to them before you go in to see the Judge. You dont have to speak to them . You can say that you will listen to what they have to say but you dont have to comment if you dont want to.

 

The Judge will ask the other side to speak first and they will say what they are wanting and why ...

Then the Judge will ask you what you want to say .

You must refer to the Judge as Sir or Madam.

Its Ok to tell the Judge that you are nervous and that you have never been to a court hearing before.

The Judge should try to assist you [ hopefully ].

 

Why dont you make some notes of the important things you want to say in Bullet points so that you can refer to them .

 

You can say to the Judge that you have some notes and just read it out if thats easiest.

 

I know you will be scared ...its a scary situation but its your chance to point out the unreasanableness of Incasso / Tesco

 

Do you have children?

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One thing I have been wondering will there be a representive from Ocasso there? Thank you

 

Since they have instigated this hearing they should be there or at least an agent from your local area that they have instructed.

 

Have they written to you or sent you a copy of their costs for this hearing?

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We have a very small independent company which has been badly affected by the recession. When we spoke with the CCCS we were told to keep the business going until things picked up as at least there was enough income to cover the priority debts, food and bills. If we just wrapped it up we may have found ourselves on benefits etc as both over 50 years old now. To be honest it would have been easier but morally we wanted to do the right thing?

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OK .. make a few notes about the background to the situation . Say how you have tried to avoid going on benefits . Say that this was not what you had envisaged your situation to be at your time of life.

Make your case that all along you have tried to do the right and reasonable thing. That will make them look all the more unreasonable.

 

I assume that CCCS advised you to admit this debt and thats why you got the CCJ in the first place ?

 

Did you ever request a copy of your agreement with Tesco and did they send you a valid default Notice?

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Yes CCCS said to admit the debt and we did just that, in fact it was Tescos who advised us to speak with the CCCS and ask them to help us put together a budget form .

We have all along tried to do the right and reasonable thing. We are both educated people and have been applying for work to run alongside the business for almost a year and not even a reply from the majority of the applications.

I have a copy of the original agreement which I received when I took out the loan, I don't know about the default notice - we were so bombarded with mail form everyone we didn't know if we were coming or going.

What do you think they will actually be asking the judge to do as it is a redetermination hearing?

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Can they request this at the hearing tomorrow? Can we object to this?

 

Do you think the very fact that all the other creditors have accepted our offers (which is far less than theirs) will be in our favour?

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When you have got over this hearing you could look out all the documentation to do with this claim ie. Default Notice , Termination Notice etc to see if they have done everything correctly.

 

I am not sure because you already have the CCJ but it may be possible to fight them if they have not followed the correct procedures ...If you think you can handle it.

 

Do you have CCJs with your other creditors or are you on payment plans

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Can they request this at the hearing tomorrow? Can we object to this?

 

Do you think the very fact that all the other creditors have accepted our offers (which is far less than theirs) will be in our favour?

 

The fact that they get more already puts your other creditors at a disadvantage ...this is another point to bring up

 

 

I dont think they can ask for a charging order at a Redetermination hearing but they may signal that they intend to apply for an Interim Order.

 

Here is where my knowledge is not so good as I have no experience of Charging Orders

 

Perhaps some others may be able to answer this. I will try to get you some more info.

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