Big Panic- Tesco/ Incasso V Me- charging order/installments

[roygoodbeat]

Re: Big Panic- Tesco/ Incasso V Me- Notice of Hearing after a CCJ Judgement

Here is a copy of the judgement. Cannot find the credit agreement. Hopefully you can help with what I need to send to the court.

Thanks in Advance.

[Amethyst]

Re: Big Panic- Tesco/ Incasso V Me- Notice of Hearing after a CCJ Judgement

Just a quick draft, check all the info and amend anything needed. You'll need your IE sheet you submitted to the court for the initial redetermination hearing and check if it needs updating, and also that is show all the debts etc on and whether secured or unsecured. Am not sure whether we should put in house value vs mortgage and secured debts in the WS but someone else will check this over too hopefully. Also what arguments did you use in the redetermination first time round (loss of job / had beenmaking payments of £50 etc) we should include those too.

anything else you can think of to go in ?

Case/Claim No: [Claim number]
In the [insert court name] County Court

[insert name] CLAIMANT
-AND-
[insert name] DEFENDANT

First WITNESS STATEMENT
OF [insert name]

I, [insert name] of [insert home address] will say as follows:-


1.I am the DEFENDANT in this case.



2.I make this Witness Statement in defence of the claimants objection to the redetermination of the judgment in this claim number XXXXX handed down on XX APRIL 2010 for installments of £27.20 per month to commence on 1st March 2010 (exhibit A) (attach the judgment)


3. Since this Judgment I have made monthly payments without fail by Standing Order to XXXXXX (claimant or incasso?) A spreadsheet detailing these payments is attached. (exhibit B) (attach spreadsheet showing all payments made with dates and amounts)

4. The Claimants Solictors notified the Defendant of their intention to apply for a Charging Order against his property at XX ADDRESS XXXXXXXXXXXXXXXXXXXX during a telephone conversation between the defendant and Incasso solictors on the XX September 2010.

5. The Defendant is unwilling to accept this and feels the claimant is unfair in requesting a charging order as the defendant has made the ordered reduced payments proposed on time without fail as outlined in paragraph 3 of this witness statement.

6. I respectfully draw the court's attention to the case of Mercantile Credit Company v Ellis 1987 in which the judge ruled that a court has to first issue a judgment and that payments made under that judgment must be in arrears before a charging order can be granted.

7. This property is the defendant’s main and only residence and resides there with his wife and 3 children aged X, X and X.

8. The property is in negative equity and the defendant has several other unsecured debts. The defendant feels that by granting the claimant a Charging Order they would gain unfair advantage on the other debtors. The defendant also has other debts secured against the property. This is detailed on his income and expenditure sheet attached (exhibit C).

9. The Claimants Solictors also notified the Defendant of their intention to request repayment of the judgment debt over a period of under 5 years (60 months) in the telephone conversation between the defendant and Incasso solictors on the XX September 2010.

10. The Defendant is unable to commit to payments at such a rate and feels the claimant is unfair in requesting the debt be paid over a shorter period than that which the original agreement allowed, especially considering the Claimant is aware of the Defendants financial circumstances. The original agreement was for installments to be paid over 7 years (84 months).

11. The Defendant undertstands that the time period for repayment of the debt is extended by the redetermination of installments to £27.20 per month and is happy to review this figure with a view to increasing it at 6 monthly intervals as his circumstances and financial position allow.

12. A full current financial breakdown is attached to this statement (exhibit C)

Statement of Truth I believe the facts stated within this Witness Statement to be true and exhibit Exhibits [your initials] comprising of xx pages.

Dated this xxxx day of xxxxxxx 2009
Signed [type name]

[roygoodbeat]

Re: Big Panic- Tesco/ Incasso V Me- Notice of Hearing after a CCJ Judgement

The only additional things that I can think about are:

1) The property is in joint names. My partner is not responsible for this loan agreement and it is unfair that she should be burden to this. (Apart from that, she will leave me) This is unacceptable as it will affect the children.
2) Looking at the payments, the first payment was paid by cheque and would have arrived on the due date, as the claimant had not sent payment details as requested. The second payment was paid on the 8th April after receiving the standing order details late from Incasso (I was away that week) Since then all payments have been made by standing order as this is the best way to make sure everything is on time.
3) As a household, the house needs attention as we have not been able to pay for repairs. We have been losing money (Only about £150 per month and have been helped by my partners parents) Could offer to increase payments to £35
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And one other thing. I have always kept them informed of my situation. I made an offer to pay them £50 per month in August 2009, of which they turned down.

[Amethyst]

Re: Big Panic- Tesco/ Incasso V Me- Notice of Hearing after a CCJ Judgement

amended to add those bits except the repairs issue

Case/Claim No: [Claim number]
In the [insert court name] County Court

[insert name] CLAIMANT
-AND-
[insert name] DEFENDANT

First WITNESS STATEMENT
OF [insert name]

I, [insert name] of [insert home address] will say as follows:-


1.I am the DEFENDANT in this case.



2.I make this Witness Statement in defence of the claimants objection to the redetermination of the judgment in this claim number XXXXX handed down on XX APRIL 2010 for installments of £27.20 per month to commence on 1st March 2010 (exhibit A) (attach the judgment)


3. Since this Judgment I have made monthly payments without fail. The first payment was made by cheque payment dated XXXXXX and cashed by the Claimants on XXXXXXX. Cheque payment as the Claimant had not sent payment details as requested. The second payment was paid on the 8th April after receiving the standing order details late from the Defendant. Since then all payments have been made by standing order. A spreadsheet detailing these payments is attached. (exhibit B) (attach spreadsheet showing all payments made with dates and amounts)

4. The Claimants Solictors notified the Defendant of their intention to apply for a Charging Order against his property at XX ADDRESS XXXXXXXXXXXXXXXXXXXX during a telephone conversation between the defendant and Incasso solictors on the XX September 2010.

5. The Defendant is unwilling to accept this and feels the claimant is unfair in requesting a charging order as the defendant has made the ordered reduced payments proposed on time without fail as outlined in paragraph 3 of this witness statement.

6. I respectfully draw the court's attention to the case of Mercantile Credit Company v Ellis 1987 in which the judge ruled that a court has to first issue a judgment and that payments made under that judgment must be in arrears before a charging order can be granted.

7. This property is the defendant’s main and only residence and resides there with his partner and 3 children aged X, X and X. The Defendant's Partner, xxx name xxx is joint owner of the property. The loan agreement is solely in the name of the defendant.

8. The property is in negative equity and the defendant has several other unsecured debts. The defendant feels that by granting the claimant a Charging Order they would gain unfair advantage on the other debtors. The defendant also has other debts secured against the property. This is detailed on his income and expenditure sheet attached (exhibit C).

9. The Claimants Solictors also notified the Defendant of their intention to request repayment of the judgment debt over a period of under 5 years (60 months) in the telephone conversation between the defendant and Incasso solictors on the XX September 2010.

10. The Defendant is unable to commit to payments at such a rate and feels the claimant is unfair in requesting the debt be paid over a shorter period than that which the original agreement allowed, especially considering the Claimant is aware of the Defendants financial circumstances. The original agreement was for installments to be paid over 7 years (84 months).

11. The Defendant undertstands that the time period for repayment of the debt is extended by the redetermination of installments to £27.20 per month and is happy to review this figure with a view to increasing it at 6 monthly intervals as his circumstances and financial position allow.

12. A full current financial breakdown is attached to this statement (exhibit C)

Statement of Truth I believe the facts stated within this Witness Statement to be true and exhibit Exhibits [your initials] comprising of xx pages.

Dated this xxxx day of xxxxxxx 2009
Signed [type name]

[Amethyst]

Re: Big Panic- Tesco/ Incasso V Me- Notice of Hearing after a CCJ Judgement

And one other thing. I have always kept them informed of my situation. I made an offer to pay them £50 per month in August 2009, of which they turned down.

Was this bought up at the first redetermination hearing ? If not we'll add it in

The Defendant previously, prior to court proceedings, offered a reduced monthly payment, to the Claimant for repayment of this account. This offer was made to the Claimant in August 2009. This proposal included a full financial statement with regards the Defendant. The offer was declined by the Claimant.

Were payments made at £50 despite them turning down the offer ?

[Crispybacon]

Re: Big Panic- Tesco/ Incasso V Me- Notice of Hearing after a CCJ Judgement

Hi Roy

Just wanted to say very best of luck at your re-determination hearing.

I'm sorry I can't offer much in the way of technical advice in court matters.

I hope too that when things are a little less stressful, you can sit down with your OH and discuss things and get her support too.

Best

Crispy

[roygoodbeat]

Re: Big Panic- Tesco/ Incasso V Me- Notice of Hearing after a CCJ Judgement

I wrote to them and the payments were made. Four payments were sent, with three being banked and they did not bank one of the payments.

This offer was declined.

Been getting stuff together and I have noticed a statement from Tesco. My standing order is paid out on the 26th of every month to Incasso. According to my bank, payment is received by the lender the following day. Allowing for 3 days, this should be credited by the 1st at teh latest, epecially as RBS are part of .

Slightly concerned that according to their statements, they are crediting them the following way:

CHQ (Sent 26th Feb)- Not Credited until 16th March.
S/O First Payment left on the 8th April as this was the day my bank processed this- Not credited until 23rd April
S/0 Paid out on 26th April- Not credited until 10th May.
S/O Paid out on 26th May- Not credited until 09th June
S/O Paid out on the 26th June- Not Credited until 12th July
S/O Paid out on the 28th July- Not on statement as at 9th August.

Just to ensure there is no doubt of me being in arrears, would you recommend that I make another payment before the court case so that in effect I am paying almost a month in advance. Payment for the 1st Oct has already gone. This also has the advantage that in the unlikely event that there are problems with my bank, I still have plenty of time to sort it?

[Amethyst]

Re: Big Panic- Tesco/ Incasso V Me- Notice of Hearing after a CCJ Judgement

Thats pretty poor for a standing order to take two weeks to credit the account you are paying it to.

Put that statement with your spreadsheet too.

If you can manage an extra payment now then yes, might give you wriggle room further down the line, but won't assist with court on monday.

Was talking over your case with Tools last night and he thinks you should add in about the difficulties in your relationship to your witness statement. Just something brief so the Judge can see what an effect it is having and that a charging order will further compound.

Now possibly also add a paragraph regarding your concern that they are taking so long to credit your account after you make payment.

If you can take it down to the court before 3 this afternoon do, take two copies, and then take three with you on the day of the hearing - one for judge in case he doesnt get or read it, one for claimants and one for you to refer to.

hows your IE sheet looking ? If you want me to look over it am happy to - just email it to me admin@legalbeagles.info or upload it here (minus your name/address etc)

[roygoodbeat]

Re: Big Panic- Tesco/ Incasso V Me- Notice of Hearing after a CCJ Judgement

Was going to take it over tonight, after work. (I work over 45 minutes away) I can fax this later and put in the hard copies tonight.

What lines do you suggest regarding strain on my relationship

and the length of time it is taking for them to credit. (Should I also add that they have raised no objections to the way payments have been raised)
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Going to do the budget sheet this morning. Do you recommend any templates?

Secondly, I was recommend to only include what I am responsible for as my partners income has nothing to do with the claimant.

EG: Working Tax Credit and Child Benefit is paid to my partner. She also works two nights a week.

She pays for our secured loan (Although I will mention this as a creditor owed and the rest of the household.

[Amethyst]

Re: Big Panic- Tesco/ Incasso V Me- Notice of Hearing after a CCJ Judgement

The payment concerns I would put in after para 3, and something personal about your relationship and the stresses this is putting on your partner after para 7.


IE Sheet - yes Legal Beagles Consumer Forum (excel) is the best one (the formal one used by the money advice agencies)

I keep thinking its Friday today lol sorry, so yes will be okay to take it over tonight.

[roygoodbeat]

Re: Big Panic- Tesco/ Incasso V Me- Notice of Hearing after a CCJ Judgement

On the IE sheet, shall I keep off my partners income and things and put what I am responsible for ie: My share of the household income.

I can bring a summary with me on the day of her income/ outgoings (If she'll give them to me) Yes, its like that since I feel into difficulites.

[Amethyst]

Re: Big Panic- Tesco/ Incasso V Me- Notice of Hearing after a CCJ Judgement

I would do a single one for you to go with the witness statement and court, but also do a joint one for you both incase the judge asks for it (seeing as you are arguing detrimental affect on her too he may wish to).

[roygoodbeat]

Re: Big Panic- Tesco/ Incasso V Me- Notice of Hearing after a CCJ Judgement

Section 7 line- What do you think?

7. This property is the defendant’s main and only residence and resides there with his partner and 3 children aged 7, 4 and 3. The Defendant's Partner, XXXXX is joint owner of the property. The loan agreement is solely in the name of the defendant. The current financial situation has put our relationship under pressure and any Charging Order would prejudice the relationship and have a detrimental effect on any future together, including our children. The defendant feels that the claimant is unfair requesting this as this is his partners home too and she is not party to this loan.

And section 3

3. Since this Judgment I have made monthly payments without fail. The first payment was made by cheque payment dated 26th February 2010 and cashed by the Claimants on 16th March 2010. Cheque payment as the Claimant had not sent payment details as requested. The second payment was paid on the 8th April after receiving the standing order details late from the Claimant. Since then all payments have been made by standing order on the 26th of each month. The Claimant has not objected to any of the payments. The Defendant is also concerned with the length of time the Claimant is making in acknowledging any payment on their system, despite payment being sent on time. A spreadsheet detailing these payments is attached. (Exhibit B)

[Amethyst]

Re: Big Panic- Tesco/ Incasso V Me- Notice of Hearing after a CCJ Judgement

absolutely perfect

[roygoodbeat]

Re: Big Panic- Tesco/ Incasso V Me- Notice of Hearing after a CCJ Judgement

Ok. I am about to deliver the statement of truth on my way home from work.

Now for the day.

What should I prepare?

Copies of my witness statement, exhibit a b c

Copy of the Mercantile Credit Company v Ellis 1987

Bank statements

Joint Budget Planner

What could be their legal challenges. Every solicitor has their counter arguement?