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Help with CCJ/ potential Charging Order,please.

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Where to begin?

 

I have four creditors . Currently four unsecured loans and a total debt of £25,000. These debts are in my name only, and my wife and I are joint

names on the mortgage.

 

My wife and I are both self employed. My wife business is in retail

and her earnings have dropped to a fraction of what they were three years ago. I'm a builder, now odd-job man and I can still find a reasonable amount of work.

 

When our income dropped, I set up a debt management plan with the CCCS and everything ran smoothly for a year or so. In spite of some hardship I have always managed to pay the plan.

 

One of creditors passed the loan on to a DCA. The DCA went for a CCJ.

I sent in my income and expenditure and in spite of this the court awarded the DCA a monthly figure which was over ten times the amount I could clearly afford! Of course, I defaulted on the first payment by sticking to my CCCS DMP.

 

I applied for a Redetermination which is due in a local court, and I'm going to attend in the next two weeks.

 

I think it is fairly clear the DCA is going after a Charging Order.

 

Here's the problem. We have a seventeen year old living at home with us.

He has attended a six month training course and finished. Realistically there is no work available for him and he can't sign on. This means my wife no longer receives any child benefit for him. Basically we have a teenager living at home whom we have to support ourselves.

 

The drop in child benefit means our real income has reduced the amount available to pay into the CCCS DMP and my wife's buisness isn't making any money. My own business is looking shakey as people are cutting back on their spending on property upkeep and repair. I can't guarantee work will always be available and we are living from week to week.

 

If I am going to court to set a realistic rate of repayment , and the DCA are going after a Charging Order, would it make sense to change the DMP to take this further loss of income into account and reduce the amount I have to pay each month?

 

I currently pay £200.00 PM into the CCCS DMP. If I recalculate what I can realistically afford to currently pay, taking the loss of child benefit into account, I can afford about £40.00 per month to pay into the DMP. Should I go for this and get it agreed by the court and fixed, or try to struggle on with the original £200.00 PM DMP?

 

The DCA owns the smallest debt of all the creditors.- Would upsetting the

current DMP lead to my other creditors taking action and going for CCJ's

and all kinds of legal problems?

 

I'm genuinely worried by this situation becuase I fear the court may order the sale of our property so the creditors can recover the debt. Maybe this is irrational, but if you have been in this position yourself, you will understand.

 

Thank you so much ( in advance) for taking the time to read this and getting back to me. This is scary stuff.

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