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Big Panic- Tesco/ Incasso V Me- Notice of Hearing after a CCJ Judgement. This could ruin my relationship


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Big Panic. I have just received out of the blue a notice of hearing in 7 days time at my local county court.

 

Brief History:

Loan Amount: £32,000

Due to loss of income, I fell into arrears with Tesco Finance. I wrote to them to advice them of this and that I would resume some form of payment once I started emloyment.

 

This was followed by the usual threatening letters.

 

I then wrote to Tesco and offered them payments of £50 per month as that is all I could afford. I continued to pay them but....

 

Incasso then got involved and the next thing I new I received court papers. I admitted the debt and returned the forms.

 

I received a CCJ. I appealed to make installments and the court granted that I would have to pay £27.12 per month. That was about 4/5 months ago and I have been paying £28 per month by standing order ever since.

 

However, out of the blue I received a notice of hearing at my local county court. I had not received any correspondence from either the court or Incasso. I spoke to the court who have advised that the creditor is not happy with the amount being paid and would like to have it reviewed.

 

Can anyone advise me of what I am likely to expect. I have heard all sorts of horror stories about charges against the house. This is jointly owned with my partner. We have just about managed to keep up to date with our mortgage and secured loan payments against the house. There are 5 of us living in a 2 bedroom house with little equity. I work in excess of 60 hours a week whilst my partner works nights (As well as looking after children)

 

My partner has said that if anything happens to the house, then its over between us so I stand not only to lose my family, but it could also effect my children. She went mad when the notice of hearing had come through as we were both under the impression that it had been sorted by the court. (I think she thinks I am hiding something from her)

 

I am not prepared for my family to be affected. We have fought so hard over the last 18 months to keep our heads above water.

 

I need help and advice! (Please)

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Just got off the phone to Incasso. They called me after I left a message at the weekend.

 

They have advised me that their client is not happy with the decision and they appealled this within the 16 days under cpr rules, back in March. They claim that it is not until now that our local court has granted a hearing????

 

They have advised that they want a review. Their instructions are that they would like it repaid over 5 years (Which is shorter than the original loan term) or they may seek a charging order on the property.

 

I advised them I am more than happy to review this annually but a charge order is not an option. I also advised them that I cannot increase my payments. So, if the review does not go their way, they will seek a charging order. It does not mention that on the judgement.

 

Any help or advice??

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Roy just maintain that payment of £28 pm as per your redetermination.Attend the hearing with your I&E and what you can honestly afford to pay.

The DJ will not overturn your agreed payment and allow the Claimants application for increased payment if you cant afford it.

Never miss a payment and no Charging Order will be granted.

 

Regards

 

Andy

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Thanks Andy

 

It still is worrying. I am prepared to review things and increase payments when I can afford it. As a household we are still running at a slight loss everymonth. It seems that everytime I get the chance to break even, either a bill comes up or this happens with a creditor.

 

I still have other creditors to sort out. (I was in a right mess!) Two accounts have unenforceable agreements and invalid default notices. I have a bank overdraft which was going through the bank charges thing and I am about to come to an agreement to start repaying that.

 

I have landed an OK job. Whilst the income is low at the moment, its a fair company and I have a great long term opportunity to really do something and in the end earn alot more money. I am a year away from being on an income that I can pay the bills, maintain the house and ultimately start clearing up what I own.

 

A charge on the property would mess up everything including my relationship, the kids and ability to pay everything back!

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