charging order hearing in need of some advice

[Amethyst]

Re: charging order hearing in need of some advice

Which court is it being held at? (might be a reason)

I'll get the bones of the draft sorted in the morning - you will need to do your IE sheet - use the ones on nedcab http://mymoney.nedcab.org.uk/moneyadvice/ for ease.

Yes you will probably get the CO, it should be a restriction, but least the court will know your circumstances and not think you're just some random trying to avoid paying a debt. It makes a difference.

[Amethyst]

Re: charging order hearing in need of some advice

Lincoln?

Well Blackhorse are in Cardiff.

Where are SCM based? Brighton

What's your local court?

[skilganon]

Re: charging order hearing in need of some advice

SCM are based in edinburgh i think, well the PO stamp is edinburgh but the return address is cardiff ? so they are based in cardiff.

the court is in the nearest city to the town in which i live i have googled the route it is actually only 39.6 miles away so not quite so bad

SCM are lloyds black horse 'in house' solicitors i am sure.

[Amethyst]

Re: charging order hearing in need of some advice

Maybe something to do with the changes to hearing centres...I really don't know.

Anyway we'll get this sussed in the morning xxx

[skilganon]

Re: charging order hearing in need of some advice

thank you amethyst,

am taking the wife to the docs 1st thing, then have a small window before leaving for work but will be home at around 7pm, there is a post office in town that is open until 11pm although i would miss the last post.

need to get sorted for friday and then would like to continue the thread if that is ok, because in a nutshell:

when i signed the agreement i also signed for a PPI insurance policy i never knew anything about until i rang black horse 3 months after being made redundant, to explain my situation and try and get the payments reduced to an affordable amount, only to be told by black horse " not to worry as my payments were insured" they then transferred my call " in house" to the insurance dept' which just happened to be lloyds insurance ( surprise surprise) they never paid me a single penny.

and to top it all the ppi policy was paid IN FULL UP FRONT as it was part of what i borrowed ??? and paid full interest on !!!!

[Amethyst]

Re: charging order hearing in need of some advice

Ahhh is that what your counterclaim was for?

Working on it now - half hour or so xx

[Amethyst]

Re: charging order hearing in need of some advice

Okay, might be best to leave sorting this until you get in from work this evening, and post it in the morning. Even if it doesn't get read you can take it with you and use it to refer to.

You are likely to get the charging order but at least you have made the court aware of your circumstances and that you aren't just ignoring the debt.

This is VERY rough. It isn't in legal speak either because its not a legal argument, just you telling the court your position and hoping they give a hoot xx

=======================================



IN THE LINCOLN COUNTY COURT
Case No. xxxxxxxxxx
BETWEEN :-

xxxxxxxx
Claimant
-and-

SLIGANON
Defendant

FIRST WITNESS STATEMENT OF SKILGANON


I, SKILGANON, of xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx will say as follows;

1. I make this Witness Statement for the Court’s consideration of the Claimant’s application for a Final Charging Order over my property at xxxxxxxxxxxxx.
2. In xxxxxxxxxxxx the Claimants obtained a judgment for £xxxxxxxx plus £xxxxxxxxx in costs totalling £xxxxxxxxxxxx .

1. The debt was made up of a loan I had to purchase a car to enable me to go to work. In xxxxxxxxxxxxxxx I was made redundant and struggled to keep up with the payments. I tried to claim on the Payment Protection Insurance Policy attached to the loan to cover my payments but was unable to do so. I tried to reclaim the PPI payment as missold but as the case was already in the courts I was unable to do so and the sum paid for PPI at the beginning of the loan is included within the judgment debt.

1. I do not understand why this case has been transferred to this Court as it is 40 miles away from my home. My local court is XXXXXXXXXXXXX.

1. The Claimants bought the case to court and were awarded a County Court Judgment against me.
2. The Claimants Solicitors notified me of their intention to apply for a Charging Order against my property at xxxxxxxxxxxxxxxxin in a letter Dated xxxxxxxxxxx
3. I am willing to accept the charging order over the property as I understand the claimants need a security on the debt, however wishes to make the court aware of the following and wishes to ask the court to put a hold on any future action and not allow any application for an order for sale;
4. This property is my main and only residence and I live there with my wife xxxxxxxxxxxxxxxxx
5. The property is owned jointly with my wife xxxxxxxxxxxxxxxxxxx.
6. My Wife suffers from depression and type 2 diabetes.
7. The property has been our home for xxxx years and is located close by my wifes parents, who we are main carers for as my wife’s mother suffers from advanced alzheimers and my wifes father suffers from a heart condition and we are on call 24 hours a day.
8. The property does have a small amount of equity within it however I have several other unsecured debts. This is detailed on the income and expenditure sheet attached (exhibit D).
9. I have a mortgage on the property currently standing at £xxxxxxx. The property is currently valued at £xxxxxxxxxx
10. I am able to afford to make instalment payments to this county court judgement of £20.00 per month and I am happy to review this figure with a view to increasing it at 6 monthly intervals as my circumstances and financial position allow. I hope making these payments will allow my wife and I to keep living in our home.
11. A full current financial breakdown is attached to this statement (exhibit D)

I believe the facts stated within this Witness Statement to be true and include exhibits comprising of xx pages.

Signed:
Dated:

[skilganon]

Re: charging order hearing in need of some advice

Ahhh is that what your counterclaim was for?

Working on it now - half hour or so xx

yes that is what the counterclaim was for, was a wrong move as the insurance co. were nothing to do with the lender ? there is a lot to this but wont go there for now.

thank you

[skilganon]

Re: charging order hearing in need of some advice

Okay, might be best to leave sorting this until you get in from work this evening, and post it in the morning. Even if it doesn't get read you can take it with you and use it to refer to.

You are likely to get the charging order but at least you have made the court aware of your circumstances and that you aren't just ignoring the debt.

This is VERY rough. It isn't in legal speak either because its not a legal argument, just you telling the court your position and hoping they give a hoot xx

=======================================



IN THE LINCOLN COUNTY COURT
Case No. xxxxxxxxxx
BETWEEN :-

xxxxxxxx
Claimant
-and-

SLIGANON
Defendant

FIRST WITNESS STATEMENT OF SKILGANON


I, SKILGANON, of xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx will say as follows;

1. I make this Witness Statement for the Court’s consideration of the Claimant’s application for a Final Charging Order over my property at xxxxxxxxxxxxx.
2. In xxxxxxxxxxxx the Claimants obtained a judgment for £xxxxxxxx plus £xxxxxxxxx in costs totalling £xxxxxxxxxxxx .

1. The debt was made up of a loan I had to purchase a car to enable me to go to work. In xxxxxxxxxxxxxxx I was made redundant and struggled to keep up with the payments. I tried to claim on the Payment Protection Insurance Policy attached to the loan to cover my payments but was unable to do so. I tried to reclaim the PPI payment as missold but as the case was already in the courts I was unable to do so and the sum paid for PPI at the beginning of the loan is included within the judgment debt.

1. I do not understand why this case has been transferred to this Court as it is 40 miles away from my home. My local court is XXXXXXXXXXXXX.

1. The Claimants bought the case to court and were awarded a County Court Judgment against me.
2. The Claimants Solicitors notified me of their intention to apply for a Charging Order against my property at xxxxxxxxxxxxxxxxin in a letter Dated xxxxxxxxxxx
3. I am willing to accept the charging order over the property as I understand the claimants need a security on the debt, however wishes to make the court aware of the following and wishes to ask the court to put a hold on any future action and not allow any application for an order for sale;
4. This property is my main and only residence and I live there with my wife xxxxxxxxxxxxxxxxx
5. The property is owned jointly with my wife xxxxxxxxxxxxxxxxxxx.
6. My Wife suffers from depression and type 2 diabetes.
7. The property has been our home for xxxx years and is located close by my wifes parents, who we are main carers for as my wife’s mother suffers from advanced alzheimers and my wifes father suffers from a heart condition and we are on call 24 hours a day.
8. The property does have a small amount of equity within it however I have several other unsecured debts. This is detailed on the income and expenditure sheet attached (exhibit D).
9. I have a mortgage on the property currently standing at £xxxxxxx. The property is currently valued at £xxxxxxxxxx
10. I am able to afford to make instalment payments to this county court judgement of £20.00 per month and I am happy to review this figure with a view to increasing it at 6 monthly intervals as my circumstances and financial position allow. I hope making these payments will allow my wife and I to keep living in our home.
11. A full current financial breakdown is attached to this statement (exhibit D)

I believe the facts stated within this Witness Statement to be true and include exhibits comprising of xx pages.

Signed:
Dated:

wow thank you !

you have got this so right, just by what i have posted amazing!

so i need to speak to work today to make sure that i can attend the hearing with no comebacks and find my latest mortgage statement with the amount outstanding and the arrears still owing on the suspended repo order.

i have visited the link in relation to my IE , but not too sure which is the best form to submit ? or use ?

[FlamingParrot]

Re: charging order hearing in need of some advice

Can't remember if I've posted this earlier, but even if the court does grant the CO, and, sadly, in most cases it can be difficult to fight, there can be conditions attached to it, largely intended to stop enforcement of the charge via an order for sale as long as certain conditions are met, such as keeping up repayments and/or as long as there's a child, an elderly person or someone who is ill or disabled, living in the property.

If the property is jointly owned with someone else, they also have the right to put forward their objections. :thumb:

[FlamingParrot]

Re: charging order hearing in need of some advice

so i need to speak to work today to make sure that i can attend the hearing with no comebacks and find my latest mortgage statement with the amount outstanding and the arrears still owing on the suspended repo order.

i have visited the link in relation to my IE , but not too sure which is the best form to submit ? or use ?

This is a good online budgeting tool: https://nedcab.cabmoney.org.uk/quickfs.asp

No need to register and you can save the file in Word format. :typing:

[skilganon]

Re: charging order hearing in need of some advice

brilliant, thank you FP

[skilganon]

Re: charging order hearing in need of some advice

Hi All,

have spoken to work today and i am now off until after the hearing on friday, i will lose about 4 hrs pay on friday so not too bad.

i now need to get the ball rolling and get this done and sent off

i have just completed only part of my financial statement and it is coming up negative, which i expected as currently with my wifes condition and her being on sick pay only, we are unable to eke out a living, there are things that we havent included such as CT arrears and water arrears.

i am assuming that a negative figure will go against us, as it shows we will be unable to keep up the payments ?

is this correct ?

[Amethyst]

Re: charging order hearing in need of some advice

Would you like me to take a look? I'm sure its probably right knowing a bit of your circumstances, however would like to check you don't have anything that stands out in there, the court use same figures as cab as guidance on what's reasonable expenditure on various things, like food, phones etc and I can check against the current figures. If it comes to a minus, then it does, and we need to include the Ct arrears etc as well so put them on. Yes it can go against getting an installment plan but also if theres no installment available the court can order the restriction or charge just sits there until you sell and the creditor has that long term security on the debt.

[Amethyst]

Re: charging order hearing in need of some advice

Good news on work btw xx

My email is admin@legalbeagles.info if you want me to have a look in the morning xx