Urgently need help

[AndyOrch]

Here is a defence /WS that was also successful

 

 

[ATTACH=CONFIG]35061[/ATTACH]

 

Regards

 

Andy

[Debts problem]

Hi Debts problem responding to your PM.

 

Objection to stage 2 of CO process can prove notoriously difficult and in most cases is a fait accompli unfortunately, however it is possible and have assisted posters in achieving this.

 

STAGE TWO - THE FINAL CHARGING ORDERThe second stage is the court hearing in front of the District Judge. At this hearing the court will decide whether to make a permanent charge on the property. This is called a final charging order. If you object to a charging order being made final then you should send the creditor and the court written evidence stating why you object. You should do this at least 7 days before the hearing. This could be in a form of a letter of objection outlining all the arguments you have for why the charging order should not be made. This should be sent by registered post to both the creditor and the court.

If you do this then your arguments should be taken into account by the District Judge at the hearing. You should still go to the hearing and if you do not send any written evidence then it is vital that you go.

 

Here is a thread success :- http://www.consumeractiongroup.co.uk/forum/showthread.php?306460-Charging-Order-Help-***CO-dismissed***

 

Regards

 

Andy

 

Here is a defence /WS that was also successful

 

 

[ATTACH=CONFIG]35061[/ATTACH]

 

Regards

 

Andy

 

Thanks....appreciated ;-)x

[Debts problem]

Ok ring your local County Court and ask whats happening.I assume its to turn the judgment into a forthwith as they wont accept your monthly proposal.

 

Andy

 

No forthwith...the Claimant requested instalment payment £333.02 was accepted by Court

[Debts problem]

According ICO letter saying it is further ordered that:-

1. If a Debtor wishes to apply for an instalment order to be linked to the Charging Order he or she must complete and file in Court and serve on the Claimant not less than 7 days prior to the hearing, an application in form N245 with full details of his or her income & outgoings and assets and liabilities and offer made any pay and relevant fee for such an application or complete a fee remission form if appropriate.

 

Please advice should I send or is it too late to send N245 for the CCJ £333.02?

Edited May 6, 2012 by Debts problem

[AndyOrch]

If the £ 333 is unmanageable then you must submit the N245 to apply for variation.

 

Andy

[Debts problem]

If the £ 333 is unmanageable then you must submit the N245 to apply for variation.

 

Andy

 

Hi Andy thanks for the reply...

 

This case was a bit complex, couple of years ago I requested CCA from DCA, they unable to comply my request closed the a/c and returned to OC instead. Until last year debt been assigned to latest DCA, they ask me making an offer straight away and i explained my situation only can afford £1 due to my financial circumstances. Their response saying was not a realistic offer turned down headed straight to Court for a Charging Order. When I received the Claim Form was panicky and never cross my mind whatever regarded the pass took the wrong step cause me this mess. Later when I think carefully and raised this issue to FOS. Original the hearing was on 18/4/2012 because the complaint the Claimant extended the hearing to 8 wks (28/5/2012). Last week I rang the FOS to checked make sure they received my final responsed reply and aware the hearing due with the issue asap. They did comfired the reply and been noted down due date also been told if the dicision not on time before the hearing date and advised make sure I noted this issue in the objection letter. The hearing date getting closer, just in case the worst happen try prepare my objection & OH letter send off to Court and make sure the Court received before 7 days the hearing. Please give further advise what is the best way to deal with it. Thanks as alway.

[AndyOrch]

You must submit your objections and application not less than 7 days before the hearing..

 

Andy

[Debts problem]

You must submit your objections and application not less than 7 days before the hearing..

 

Andy

 

Thanks....

 

is it worth send off N245 as well? I didn't receive notification of the judgement (will raised this issue in my objections).

[AndyOrch]

No forthwith...the Claimant requested instalment payment £333.02 was accepted by Court

 

Then its not forthwith its instalments already.You really need to see the judgment and would advocate you contact Northampton for said copy, have you declined the £333? On the Notice of judgment it will state if the Claimant was afforded leave to apply for CO.

[Debts problem]

As I mentioned previouly didn't received judgement, personally phoned NCCC and found out the judgement was £333. Perhaps Court and Claimant didn't received my response then carry on with the Charging Order action.

 

According ICO letter saying it is further ordered that:-

1. If a Debtor wishes to apply for an instalment order to be linked to the Charging Order he or she must complete and file in Court and serve on the Claimant not less than 7 days prior to the hearing, an application in form N245 with full details of his or her income & outgoings and assets and liabilities and offer made any pay and relevant fee for such an application or complete a fee remission form if appropriate.

 

[/i]

[AndyOrch]

As said Debts until you have sight of the judgment it difficult to advise.The N245 is completed to vary a judgment ( from Forthwith to instalments).If yours is already instalments and still unaffordable then you need to request a redetermination (N244) to reduce the monthly figure, with both applications you need to include a I&E and a proposed affordable monthly figure.There is a fee for the N245 £45 but to request a redetermination it is free.

 

Andy

[Debts problem]

As said Debts until you have sight of the judgment it difficult to advise.The N245 is completed to vary a judgment ( from Forthwith to instalments).If yours is already instalments and still unaffordable then you need to request a redetermination (N244) to reduce the monthly figure, with both applications you need to include a I&E and a proposed affordable monthly figure.There is a fee for the N245 £45 but to request a redetermination it is free.

 

Andy

 

Thanks for quick reply...If I apply for redetermination(N244), the case unsuccessfully then will due more cost to me .

[AndyOrch]

Redetermination is free so no but there is a limited time to apply for it.

 

Andy

[Debts problem]

Apologise for all my silly questions. I reread the complaint reply it said A letter was issued to you on 7/9/2011 advising that we were unable to accept your offer of repayment as it was unrealistic in comparison to the balance outstanding. This letter also advised you of our intention to issue a County Court Claim with a view to obtaining Judgement for payment forthwith, then applying for a CO on your interest in the property. We feel this reasoning is entirely valid but we can assure you that the CO is required as security only and will not be enforced by seeking an order for sale of the property or a lever to force you to make payments you can not realistically afford. The court action taken is correct and the decisions made by the courts remain. After reviewing the file it is clear that you are in default of the Judgement to pay £333 pm and this is the reason why we are in the process of obtaining a CO.

The problem is since the Judgement was granted didn't received the notification then starting make £1 token payment to proof my effort.

[AndyOrch]

Well as far as the Courts and the Claimant are concerned you should be making payments of £333 per month until you do something about it you are in default and the Claimant is fully entitled to secure the judgment by way of a CO.You can only take their letter on face value that they will not make an order for sale and so as a security i would advise you to take the course of action I have outlined above for your own peace of mind..

 

 

Andy

[Debts problem]

Well as far as the Courts and the Claimant are concerned you should be making payments of £333 per month until you do something about it you are in default and the Claimant is fully entitled to secure the judgment by way of a CO.You can only take their letter on face value that they will not make an order for sale and so as a security i would advise you to take the course of action I have outlined above for your own peace of mind..

 

 

Andy

 

thanks...

 

is that mean I should apply for redetermination(N244) long with objections.

[AndyOrch]

You objections are made by way of a Witness Statement/Defence and submitted not less than 7 days before the CO hearing, your redetermination is made via a letter or an application (N244) to the court that dealt with the Judgment, or if transferred to your local court, then there.

 

Regards

 

Andy

[Debts problem]

You objections are made by way of a Witness Statement/Defence and submitted not less than 7 days before the CO hearing, your redetermination is made via a letter or an application (N244) to the court that dealt with the Judgment, or if transferred to your local court, then there.

 

Regards

 

Andy

 

Thanks...you think I should......sorry understood.

I thinks the best thing will try to send everything out tomorrow or not later than this week in case late. How about the FOS reply?

[AndyOrch]

Hi Debts

 

Redeterminations must be made within a specific period after judgment ( 14 days I think from memory) if this has now exceeded then you must make application via the N245 to request a variation.

There is a fee of £45 and you should include your latest I&E and a proposed offer of monthly payment.

 

Regards

 

Andy

[Debts problem]

Hi Debts

 

Redeterminations must be made within a specific period after judgment ( 14 days I think from memory) if this as now exceeded then you must make application via the N245 to request a variation.

There is a fee of £45 and you should include your latest I&E and a proposed offer of monthly payment.

 

Regards

 

Andy

 

Sure...Thanks x