really worried, can anyone help me

**nemesis45** · 27th October 2016, 08:14:AM

Re: really worried, can anyone help me

Good morning,

Call the court to check the date.

This will be an interview probably a court officer ( under oath) to examine your income and expenditure in detail.
You need to be prepared to answer in depth questions and you should also take any documentary backup for I & E .

nem

**Diana M** · 27th October 2016, 08:55:AM

Re: really worried, can anyone help me

Originally posted by ninjagogo View Post

Then i had a charge order put on the property from a place called restons or cabot, i then thought great when the house is sold (it was up for sale at the time) it will pay the debt out of my share

. . . Then last night i had another court letter on the doorstep asking me to go to court as cabot say the payment is not enough. I really dont know what to do or what to expect when i go.

Can you post up a copy of the Order with your personal details removed please.

If there was a charge (possibly a Restriction) on the property, why wasn't the CCJ paid off when it was sold? Or did the sale fall through or maybe there wasn't enough equity to satisfy it?

Di

**ninjagogo** · 27th October 2016, 09:14:AM

Re: really worried, can anyone help me

Hi, thanks for the reply, i will have a look for the charge order tonight when i get home, the property hasnt been sold as of yet so the charge order is still in place.

My ex is still in the property and is trying to raise funds to buy me out of the property at the moment, the equity left in the property will easily pay the debt though.

**Diana M** · 27th October 2016, 09:54:AM

Re: really worried, can anyone help me

Originally posted by ninjagogo View Post

the property hasnt been sold as of yet so the charge order is still in place.

My ex is still in the property and is trying to raise funds to buy me out of the property at the moment, the equity left in the property will easily pay the debt though.

That's useful to know.

I would expect the Claimant to prefer a lump sum to an AOE.

Is you ex's intention to raise funds to buy you out of the property at an advanced stage so you could communicate that to Cabot/Restons? Or is it just promises promises? You might need to give her a nudge if you're on the receiving end of court hassle.

It might even help to let the court know that too. Perhaps they'll consider your £30 per month is sufficient once they know the Claimant already has the security of a Charging Order. Obviously that will depend on what's been declared in your I & E. After all that amount (£30) was the court's decision in the first place.

How much is the outstanding balance on the CCJ? Was it originally a 'forthwith' Order (the whole lot in one hit) or was it an instalment Order? If so, have you kept to the instalments on the CCJ? Have there been any applications to vary that CCJ since it was granted "a while ago"?

Just because the Claimant has sought an AOE that doesn't necessarily mean they'll get one

Di

**ninjagogo** · 27th October 2016, 10:20:AM

Re: really worried, can anyone help me

I am hoping she will get her finger out and get things moving a bit, unfortunately the relationship is a little say we say fraught.
The outstanding balance on the CCJ is £15,330 approx. And i think it was originally a 'forthwith' order, the instalments have arisen since the AOE came through and sent in my I&E breakdown and offered the £30 weekly payment which the court accepted, i'm just quite worried about the whole 'court' thing and exactly what could happen to me really.

**Diana M** · 27th October 2016, 10:30:AM

Re: really worried, can anyone help me

Originally posted by ninjagogo View Post

The outstanding balance on the CCJ is £15,330 approx. And i think it was originally a 'forthwith' order, the instalments have arisen since the AOE came through and sent in my I&E breakdown and offered the £30 weekly payment which the court accepted.

It's difficult to comment without seeing the papers but if the original CCJ was a forthwith Order then maybe an application to vary it could be helpful and possibly a way to get the hearing for the AOE adjourned until after the variation application has been dealt with.

As I said, without seeing the paperwork it's not possible to give advice. This is simply a suggestion.

If the CCJ is over £15k then £30 per month will take over 42 years to clear it or even longer if interest is being added. I expect that's why Cabot/Restons have gone for enforcement now. They will also know that since their CO is only a Restriction (jointly owned property) they can't have an Order for Sale (under normal circumstances).

Di

**ninjagogo** · 27th October 2016, 12:00:PM

Re: really worried, can anyone help me

Sorry not £30 pm but weekly, i worked out it will take around 9 to 10 years to pay off if i was to continue paying it.

Just been in touch with the court and the date is friday the 18th

**Diana M** · 27th October 2016, 12:15:PM

Re: really worried, can anyone help me

Originally posted by ninjagogo View Post

Just been in touch with the court and the date is friday the 18th

What does the court letter (Order?) actually say will take place on that date?

How long has been allocated for it (if it's a hearing before a DJ) ?

And are there any Directions telling you whether you must bring anything with you to the hearing or provide the court and/or the Claimant with any information in advance of the hearing?

Di

**ninjagogo** · 27th October 2016, 12:36:PM

Re: really worried, can anyone help me

Here is a copy of the suspended AOE and also the letter from yesterday

http://legalbeagles.info/forums/atta...1&d=1477571633

http://legalbeagles.info/forums/atta...1&d=1477571662

Attached Files

**Diana M** · 27th October 2016, 12:56:PM

Re: really worried, can anyone help me

Originally posted by ninjagogo View Post

Here is a copy of the suspended AOE and also the letter from yesterday

Looking at those you already have an AOE Order but it's been suspended as long as you make the payments as per the Order which you say you have done.

Now you have a hearing in front of a District (or Deputy District) Judge. It says the hearing is as a result of a letter from the Claimant objecting to the Normal Deduction Rate which was decided by the court. Did the Claimant or their solicitors send you a copy of that letter? Can you think of any reason why they wouldn't accept the figures?

The Order seems to say that a Judge will look at the maths again at the hearing and possibly question you on the figures you first supplied to the court. Of course any adjustment could be down as well as up.

Di

**ninjagogo** · 27th October 2016, 13:06:PM

Re: really worried, can anyone help me

No i never received anything from them which is why i was shocked to receive the letter yesterday, and can think of no reason at all why they wont accept the figures as listed everything on my I&E to the court.

**ploddertom** · 27th October 2016, 15:47:PM

Re: really worried, can anyone help me

Originally posted by ninjagogo View Post

No i never received anything from them which is why i was shocked to receive the letter yesterday, and can think of no reason at all why they wont accept the figures as listed everything on my I&E to the court.

It may depend on what your disposable income is. For arguments sake if you had £100 left each week then the £30 could be increased. Conversely if you only had £20 left each week then you cannot afford £30. The Claimant may also object to some of what you are claiming as outgoings eg £100 for Sky whereas a lower package may be OK. I have also heard of those who have listed alcohol & tobacco and had their claim thrown out and a larger sum allowed. There are a lot of variables but if your I&E stacks up then they cannot get blood out of a stone.

really worried, can anyone help me

really worried, can anyone help me

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