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Harwood/Redwood CCJ/CO - £18k unpaid school fees

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I am being taken to court for a debt of £4000. Last week on Friday I received an N260 form from the claimant's solicitor. The costs for taking me to court are £3200.

 

How can I argue in court that these costs are too much? If I couldnt pay a debt of £4000 how will I be able to pay one of £6200?

 

My understanding is that costs for the small claims track must be proportionate. Can I argue that the claimant should have mitigated against the costs afterall he chose to instruct a law firm etc

 

Help!!

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What is the debt for ? Have you challenged it at all ? is it a credit agreement ?


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the debt is for unpaid school fees.

 

there is no credit agreement or signed contract.

 

i have defended the claim.

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I have a charging order for an unpaid invoice.

 

I have a hearing for an order for sale tomorrow. It is not with the mortgage lender.

 

1. There is no equity in the property

 

2. The mortgage lender has not been contacted

- I spoke to them and they said if they had been contacted they would have objected because a sale would mean that the outstanding mortgage would not be paid.

I asked them for a letter confirming this and they said that they can't provide it.

 

3. My tenant in the house is a 78 year old lady.

Her health is not good and the council has spent money adapting the house to make her comfortable.

 

I would like to keep the house as selling it now would mean I would end up owining the lender as well as the creditor.

It would also make an elderly lady homeless.

 

I am attending the hearing tomorrow and any help on my defence argument will be appreciated.

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Hello there.

 

It's very short notice for a hearing tomorrow, but I'll flag your thread for the team to see if anyone can advise.

 

HB


Illegitimi non carborundum

 

 

 

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Do you know if there are any duty legal advisers at court tomorrow? ring the court and ask. If so, get there early and ask for their assistance - they can come into the hearing with you and support your case.


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What was the unpaid invoice for ? Is there a CCJ and if so how much was it for ?

 

Andy


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And have you made no attempt to agree some sort of payment plan ? Did you defend the initial claim ?


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We have been paying £100 per month and they want £1700 per month.

 

At the last order for sale hearing which was adjourned they said £100 does not even cover the interest hence why they want the order for sale.

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We have been paying £100 per month and they want £1700 per month.

 

At the last order for sale hearing which was adjourned they said £100 does not even cover the interest hence why they want the order for sale.

 

If you are paying what the court has told you to pay per month..there is absolutely nothing they can do...except to apply themselves for a Redetermination hearing with fee...Order for Sale are not granted if there are no arrears on the judgment payment...they are fully aware of that.If they wish to change it then let them make application with hearing to present their argument as above.

 

Why was the last hearing adjourned ?


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not harwood & redwoods is it?


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Yes - Harwood/Redwoods

 

 

They used a copy of the title deeds from 2 years ago in their bundle. Judge adjourned to allow them to use a more recent record.

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did you not approach the school directly before the CCJ.as they all usually will deal directly

 

 

how come H/R got post judgemental interest too?

that's rare.


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Section 93 of the Tribunals, Courts and Enforcement Act 2007 came into force on 1 October 2012. The amendments allow an application for a charging order to be made in cases where the debtor has not defaulted on payment of an instalment judgment. However, it should be noted that:

 

The court must take into consideration the fact that there has been no default when deciding whether to grant the order for sale; and

An order for sale to enforce the charging order may not be made at the same time as the application for the charging order unless the whole or part of an instalment which falls due under the judgment remains unpaid.

 

What does this mean in practice?

 

This is significant given that, Under this new legislation, even if a debtor is adhering to judgment instalments, the creditor is still entitled to secure the debt by way of a charge however, as indicated; the court must take into account that payments are being maintained when deciding whether to impose a final charging order over the debtor’s property.

 

Once a charge is in place, a creditor may consider the use of an order for sale to recover the sums secured. Here, a practical problem may arise in that a charging order may not be enforced unless, at the time of the application, the whole or part of any instalment remains unpaid. It therefore follows that if the debtor brings instalments up to date at any stage, the Judge will be bound to dismiss the application.


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The hearing was adjourned.

 

And the reason this time inablind ?


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http://www.consumeractiongroup.co.uk/forum/showthread.php?71725-Wescot-option-Order-for-sale-and-other-problems-HELPPPP!&p=5043999#post5043999

 

 

hello sequence,

 

sorry the lantana to highjack your thread. is there case law or statute which supports a defence on the basis that someone living in the house is ill/disabled?

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random posts to 10yrs old thread

moved to your existing thread


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http://www.consumeractiongroup.co.uk/forum/showthread.php?71725-Wescot-option-Order-for-sale-and-other-problems-HELPPPP!&p=5043999#post5043999

 

 

hello sequence,

 

sorry the lantana to highjack your thread. is there case law or statute which supports a defence on the basis that someone living in the house is ill/disabled?

 

A court would have to consider exceptional circumstances which could be a physical or mental condition but that would usually apply to the mortgagor's primary residence which doesn't apply here.

 

I assume this is a buy to let mortgage? I assume then that the tenancy is on a (rolling) 6/12 month tenancy? If both those assumptions are correct the tenant only ever has the security of the notice period. I cant see a court ever increasing that.

 

Did you have any sort of agreement with the council over the adaptations they made? Did they do them in the expectation of the person staying in the property for the rest of their life etc.

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Just left the Court. The matter has been adjourned for 28days. Will update when I get home.

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Just left the Court. The matter has been adjourned for 28days. Will update when I get home.

 

Thats lucky inablind...give you more time to research properly now rather than logging on the day before Court given your last post in February !

 

Andy


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