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

[Amethyst]

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

everything looks fine there, any chance you can send me the original excel file just to double check a couple bits.

Also have you prepared a household one as well, just in case?

[roygoodbeat]

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

Yes I have. Have e mailed the excel versions.

[Amethyst]

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

ta just easier to check ... will check for them coming through

[Amethyst]

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

Thanks for those. Not sure how the joint IE sheet works out with you having less money left over than the single IE though, think theres possibly a miscalculation somewhere on it.

However the only ''overspend'' you have really is on telephone, around £20 a month over the recommended, but thats easily swallowed up in the underspends in other places so its no problem at all.

Will try work out why theres such a difference between the joint and single IE money for non priority debs. Is your partner actually in a deficit situation each month (by about £50) on her half of things. Not important. If you used the joint statement without the overrides on then it still only works out about £30 a month.

The Sainsburys CCJ is that on an installment order too then?

[roygoodbeat]

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

Sainsburys CCJ is on an installation order.

Yes we are running on a negative. So far monies are not being put aside for things such as car tax. Parents have helped. As my income is increasing as as my partner is doing extra hours, we will be in a position in the new year to break even. After that my income should continue to rise. A typical manager in my position would earn 30 to 35. That's the level I should be up to within 18 months. As you can see, I am well short of that at the moment, but this job will provide that long term. (If not, I could move into a better paid job if the right position came along)- And its a great family business to work for.

[Amethyst]

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

I think you are doing really well. You;ve done exactly right in getting a self sorted DMP for your unsecured creditors and kept up with your priorities, mortgage, utilities and so on. I know your unsecured debt is quite high and things are tight, but you are in a much better position than you could have been. Things will get better and as they do you can increase your payments and further reduce the risk of any issues with your home.

Good luck on Monday. IF Restons show up they may want to talk to your before you go in, but stick to you want to keep the installment order as it is and no charging order and that you will be able to review it in six month, just as on your witness statement. Hopefully you'll have a nice judge, seems to be a bit of a lottery at the moment. I think its in your favour that you have obviously just hit a bad patch and instead of taking on more debt and making things worse you are trying to sort it out best you can.

Fingers crossed for you, and please come back let us know how you get along.

Any questions on court/the hearing etc before you go just shout, lots of peeps on here have been to various level hearings now xx

[roygoodbeat]

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

Thanks for the help. Here goes Monday.....

I couldn't help notice that you have Seagulls Rule OK.

The Seagulls that I follow are top of League One. Have followed them all my life...

[Amethyst]

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

Our Seagulls are Number One too

All the best today Roy, will be thinking of you and keeping my fingers crossed for a lovely judge for you.

[roygoodbeat]

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

Oh Dear.....

Turned up and I was ushered in more or less straight away. Incasso did not attend but sent a letter to the court (No copy to me) stating that they wished to have a charging order. They admitted that I had paid my installments on time.

The judge read the letter out, then said.

"So why shouldn't you have a charging order"

So I gave them the history, the regs, legal case history, quoted OFT regs, an article from the citizens advice about the over use of them.

The judge then critised the original intallment order saying it will take 100 years, stated that the Merchantile case was irrelivent in this case due to the size of the debt and then:

Over ruled the original order in favour of the claimiant stating the full amount now has to be paid, however, he would grant them permission to apply for a charging order, but then said I could make payments of £27.20 per month and that the claimiant could not change that.

His reasons were 'who ever granted such a low amount on the size of the debt was unfair on the claimiant' and warned me to make sure I kept up payments.

Not a happy bunny.

[Amethyst]

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

Grrr some judges are (expletives).

Well done for going through all your points, hopefully the Witness Statement helped you a bit, bet the judge didnt even read the sodding thing. We said in there we know it would take a million years to pay off and that this was temporary while you got yourself sorted and happy to review 6 monthly....sigh.

He had to overturn the original order as it wasn't forthwith and he couldnt apply a CO otherwise. Its a shame they applied to overturn the determination rather than just applied staright off for a charging order.

Okay, so now you have a long conversation with your partner don't you Good luck. Show her the insolvency.gov.uk pages about charging orders I pointed you to earlier and reassure her it will have no affect so long as you keep up the installments, and if/when you do sell the property it will come out of your half of any equity (and if things pick up you can make bigger payments and/or come to a full and final settlement to get rid of the charging order)

I'm going to look up why he thinks the Marcantile Ellis case is so irrelevant simply because the debt is a bit bigger.

I'm so sorry you ended up with the CO, you definately fought against it and should be proud of yourself.

Keep meticulous records of every payment you make to them now - just incase they decide to try anything silly.

[roygoodbeat]

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

If you see a big mushroom cloud over in the region of South East Sussex, I have just told my lady.....

The judge did say that the co will be for my part of the property. Need to plan how to work that out so it is kept to the minimum. The judge did say that if my part was small, then the lender would not gain hardly anything . I need to ensure that when we do sell, that they don't go for more than they are entitled to.

Any suggestions??

[Amethyst]

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

The house is owned jointly ? (ie just joint names on mortgage and no specific tenants in common agreement between you) Have a read Tenants in Common or Joint Tenants but I wouldnt recommend severing unless you have spoken to a solicitor at length, as if your relationship isn't stable (sorry) the either of you can sell your half to anyone you chose which could cause no end of problems in the future (from both sides).

[Differentjudge]

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

Roy...sorry to hear this

Hope your wife understands

[roygoodbeat]

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

;-( Hope my lady understands too!

House is joint tenants. Mortgage is in joint names, secured loan is in joint names.

What has made things worst, she has saved up to decorate the bathroom by doing extra shifts and made me start it at the weekend....

[roygoodbeat]

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

Just as a quick question. I have been going over old paperwork. I received a letter from Tesco bank stating that they had made a mistake and interest was recalculated due to an error on their interest rates/ paperwork. They have reduced the outstanding amount. Now with original case, I argued and about the rates being incorrect and the paperwork wrong. The judge ruled in their favour. Now that they have admitted that this is the case, do I have grounds to re-appeal this and get it thrown out?