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[caro]

Sorry to hear this angel.

 

If it's cc or loan charges they can be claimed, but there hasn't been a successful claim for bank charges since the supreme court judgment in 2009.

[angel_1]

hiya Cadbury

 

many thanks for your help and info, so yes will make the offer, and if they do not accept is it then i do the n244 request to the court for the judge to decide the amount, would that be before they go for the charging order? and i guess need to do this sharply wont I?

 

and yes ive read up a bit on charging orders, understand like you have said, so it just sits there until you clear the debt or if you sell the house then the remaining amount is paid?

 

have i understood that right, ?

 

cheers angel x

[angel_1]

hiya caro

 

yes its a cc debt , thus if you say i can claim those charges and poss interest maybe??

 

should i first make my offer of payment?

 

then do a seperate request for the cc charges and poss interest amount?

 

does it make any difference the ccj is in place now or can i do the claim for the cc charges as a seperate issue?

 

just want to process this in the swifest manner and right way please

 

like cadbury has highlighted too, guess the offer is first

 

cheers angel x

 

REFLECTION - this afternoon i m thinking more of sending in a n245 with my income and expenditure form for the court to let creditor know and if it is rejected then for the court to ascertain the amount on a monthly basis of what i can afford. this may be more beneficial for me then waiting on a charging order claim from them even if i offer them something in writing which they may or may not accept, as its a forthwith ccj my gut feeling is to get an installment agreed legally by the court not by me waiting on the creditor to agree or disagree with me

 

i hope you think im thinking straight, but feel free to let me know if im doing it backwards and not in my best interests this way cheers angel x

Edited May 5, 2011 by angel_1

[Cadbury1879]

Hi Angel

In our case, it was my oh,s debt, and Ccj was issued forthwith. A Interim C/o was also issued.

I replied for a redirmination, and had the hearing at the same time as the C/O defense.

I armed myself with a I & e, bank statements, Wage Slips etc. The judge didn't even look at these but ordered a amount We asked for, then granted the C/O.

It's up to you Angel, but I would immediatly apply for a definitive amount to be ordered,by the court.This will not neccessarly avoid a C/o but will set the payments.

In the case of Charging Orders, were only 1 person is the debtor and the House is in joint names the C/O can only be registered as a restriction, which IMO only means you need to notify the creditor upon sale of your property.

See "'charging order the myth" on Money Saving Expert or Google.Lots of debate on this, so many disagree.

Won't Know definetly untill I sell my house.

In summary I would get the CCJ changed from forthwith to an installment order,

and don't worry to much if they go for a C/O.

In theory C/O can be made into "Orders for Sale" however

these are as rare as Hens Teeth.

All the Best

Cadbury

[Bigdebtor]

Angel

 

Just catching up. I agree it's probably best to get Court involved re monthly amount to be paid - hopefully based totally on your own I&E only. THEN, when this is in place and can't be changed by the Creditor, put in your claim for refund of ALL charges and contractual interest charged on them. It will not get you a refund but WILL reduce the amount owed - and thus the length of time you need to pay them.

 

AS everyone seems to be saying - Don't worry about charging order. They may well not apply for this if the monthly amounts are being paid regularly, and even if they do, it's pretty toothless unless/until you sell up - and even then, if only a small% of the equity released, it's probably got minimum impact on your future plans/capabilities.

 

Good luck!

 

BD

[angel_1]

hello Cadbury and Bigdebtor

 

you have both confirmed my thoughts and eased my worries, thank you so much, and yes the charging order will only be a restriction i got that from national debtline when i rang them before xmas, so whilst i understood it - i feel i can now relate to it more from your own experiences, so yes, i guess its just a security for the funds excercise from the creditor,,,

 

i will let you know when i hear from the court if its accepted or if i have to attend an hearing,

 

again thanks to everyone who has given me my dignity back with your huge help and including everyone who has responded to me on this particular worry - may i be in a position one day to help you all in a different way and next pay day will be sending in another donation to the site

 

have a fun day will catch up with you all over the weekend, and yes i will work out the charges, albeit i dont think it s a huge amount but even a couple of hundred is better then nothing and that would be to this creditor who holds the ccj? and not the original creditor?

 

cheers angel x

[caro]

You need to claim the charges back from the original creditor and tell them you want it in the form of a cheque or payment into your bank account if that's what you want.

[angel_1]

You need to claim the charges back from the original creditor and tell them you want it in the form of a cheque or payment into your bank account if that's what you want.

 

hiya caro, i see and thats after ive got the payment amount in place with the ccj creditor>?

 

cheers angel x

[caro]

I see no reason to delay claiming back the charges.

[angel_1]

cheers caro

 

angel have a fab day all

[Bigdebtor]

Caro

 

I don't agree. I think Angel should get the monthly payment agreed BEFORE reclaiming charges (to avoid alienating the other party so they become intransigent) - UNLESS the total to be reclaimed is a significant portion of the current balance - which may substantially reduce how much the monthly payment should be.

 

I do agree she should ask for this refund by cheque or bank transfer - i.e. not just used to reduce the balance - but I don't think it's that unreasonable for this amount to just go to reduce the balance - if that is what the refiunder insists on.

 

BD

[caro]

I see your point BD. I wouldn't bust a gut over it either way.

[angel_1]

thank you bigdebtor and caro

 

charges refund looking at the figures will not dramatically reduce the amount due but will do just to reduce it by the figure nevertheless ,

thanks again for your points of view highly appreciated as always

 

cheers angel x

[caro]

Don't forget the interest on the charges at the contractual rate angel. That can make quite a difference.

[angel_1]

yes caro thank you

 

i know there is a thread ive saved sometime ago about calculcating it all, but if there is a simple one that even i can understand would appreciate a link - LOL my brain is sore at the moment cheers angel x

[caro]

See how you get on with this Angel.

interestcalcs.xls

[angel_1]

tha you caro for the link appreciated

 

also everyone

my update on this sorry state of affairs,

 

is that i went to cab and they helped with my budget sheet properly as id panicked at the court case my budget to pay this debt was not done correctly by me as id missed off stuff,

 

the amount is low which in reflection is what is really left over once ive paid for things i do need, car for my job, bills and food expenses,

 

i understand from cab and the court when i handed in my form that this would go to the creditor and they had a couple of weeks, if they dont accept then it goes back to my local court for a court official to look at it and decide if its appropriate and rubber stamp it,

 

i really do hope they do at least for a few months i would have peace of mind and then i can get my friend to clear it as fast as poss

- just a shame i have the ccj for the next 6 yrs even though i could eventually i hope get it showing satisfied

 

what i nightmare hope others learn from this experience of mine and also have stopped the bailiffs coming to the house until the decision is made

 

- will work on the charges back this weekend and will update you if i hear anythings on this situation cheers for your help and not forgotten about a money donation angel x