Charging Order Unfair Please Help

[badger220987]

We have a small family run business that has been hard hit by the recession and seen our income reduce by over 50%. I have 5 creditors who I have communiacted with at all times regarding our situation and with the help of the CCCS we have set up a token payment for them all, in fact 2 have put us on a severe hardship scheme. Only one of them wanted to take this further and took me to court for a ccj, (strangly enough it is the one we owe the least too just £5,100) this was awarded and I was told I must pay an increased amount of £18.00. I have paid this religiously and have all the receipts since that court case. They then went for a redetermination: We had a court hearing and I was asked could I pay in full I told the judge this was impossible, and I feared any further increase would upset our others creditors and the arrangement we have in place with them. The DJ said 'i sympathise but you can see these people cant wait 30 years for their money' He agreed to them applying for a charging order. This is due to be heard in 2 weeks and I am scared. The loan was taken out over 5 years ago and what I neglected to tell the judge (due to nerves) is that for the first 3 years I paid £50 a month payment protection plan to safeguard myself, almost £2000 for nothing!. As soon as things fell into hardship I applied for help with the PPI and was told it was no longer appropriate as I was no longer paying the full ammount?? (I had never missed a payment before that) This cannot be fair?? I now know I should have not admtted to the full amount at the first hearing but in times of stress I dont think I knew what I was doing. I also have this loan in my sole name and my partner is joint owner of our home, which is in negative equity. I just would like some help on how to approach the hearing and what, if anything to send in advance, we still have our youngest daughter at home too and I honestly spend most of my night in tears. I would be so grateful for any help thank you

[42man]

Amazing....it sounds as if the PPI wasn't worth the paper it was written on...you should reclaim ALL the PPI back + interest. Please have a look at this forum - Payment Protection Insurance (PPI) - The Consumer Forums Also you might find this an interesting read too - Customer’s debt wiped after MBNA PPI cock-up | BitterWallet I think in the first instance a SAR might be a good first move...!!

[badger220987]

Many thanks for taking the time to read my woe..Can I ask for a subject access request as im am so close to the hearing date? how will obtaining this help me? thank you in advance

[Ganymede]

Many thanks for taking the time to read my woe..Can I ask for a subject access request as im am so close to the hearing date? how will obtaining this help me? thank you in advance

 

 

 

I take it you admitted the amount originally?

 

Don't let yourself get too upset over it. There is no need to cry as a charging order doesn't mean automatically mean that you will lose your home, especially as your house is in negative equity.

[badger220987]

Yes I did admit the amount originally as I took advice from the CCCS, I did not explain to them about the PPI . Please could anyone advise with regard to the SAR can I do this so near to the hearing and what should I say to the judge about this?

[rebel11]

Hi

 

Just info on charging orders, the link is for info, I'm not suggesting you contact these people:-

http://www.insolvencyhelpline.co.uk/downloads/pdf-files/15_charging_orders_in_the_county_court.pdf